Friday, June 24, 2011

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  • sunny1000
    06-26 12:05 AM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.

    you can also call the USCIS CS number to see if they can help you.

    Wish you luck.





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  • desi3933
    03-27 04:07 PM
    .....
    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.


    As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
    ....

    Incorrect!

    Read this
    www.uscis.gov/files/article/C1eng.pdf

    Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"



    _________________
    Not a legal advice.





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  • naturopathicpt
    06-29 04:53 PM
    Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

    I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

    "If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

    So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

    I appreciate your generous response.

    NaturopathicPT





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  • casper21
    07-29 12:56 PM
    As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.

    I am also in the same boat and I am waiting my priority date to be current.

    I got my 485 approved

    Thanks,
    Bill


    Hey Bill,
    If my priority date is current, spouse's priority is should be current as well? right? Does she will have different priority date?
    Another question, how is your I 485 is approved when your priority date is not current?
    (Sorry for asking.... bit confused....) :confused: :confused: :confused:



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  • howzatt
    08-21 10:40 AM
    This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.

    EB-3 India
    Nebraska
    July 19th filer- Checks Cashed
    no other updates

    Congratulations. It looks like they are moving.





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  • guchi472000
    03-18 05:06 PM
    How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.

    Please suggest me....
    If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.



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  • lacrossegc
    07-30 03:33 PM
    When do you get FP notices?





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  • bestoption
    05-19 11:14 AM
    The address listed on the E-file generated receipt/Document is P.O. BOX 852401 in Mewquite, TX 75185. Is there another physical address of USCIS for e-filers of EAD to send the supporting documents by courier/FedEx.



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  • abq_gc
    07-18 06:16 PM
    HI Guys,

    How do you decide, whether to file at NSC or TSC ?





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  • mjdup
    05-31 09:46 AM
    Messed up my pay pal account, fixed it and contributed, back to recurring contribution...please contribute folks !



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  • number30
    04-30 10:09 AM
    This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).

    That is right. That is the reason get married in US. Even then they can question the intent.





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  • prem_goel
    11-22 10:11 PM
    Hi, is anyone planning for H1b stamping at Tijuana mexico on 30th November. If so, please contact and we shall plan together. I am in LA area. Thanks!



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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.





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  • clear485
    03-27 01:07 PM
    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.

    Above documents are good....but have one concern here....let us assume....

    Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...

    Will it be a problem ?



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  • avisitinguser
    10-11 01:08 PM
    Our applications reached to TSC on July 27. I have received my receipts. But no receipts and no checks cashed for my wife's applications. Is anyone in the same situation?





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  • aristotle
    08-08 01:19 PM
    San Jose. Courteous, but curt.



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  • nortam1
    09-17 04:15 PM
    My receipts say the same...
    Anybody knows what it is?





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  • aup
    09-28 06:26 PM
    Folks,

    My wife's first name has been misspelled on the Finger Printing notice as well as the I-485. My lawyer has advised me to reschedule the FP so as we can ask USCIS for the correction.

    I was wondering if any of you guys ran into the same issue and went for the finger printing anyways.

    If yes, please share your experience.

    Thanks,
    Aup





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  • kaisersose
    10-15 09:34 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The correct term is Offshoring.

    Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.

    Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.

    Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.





    adusumilli
    09-28 09:23 AM
    Check the signature.





    som_yad
    08-15 05:12 PM
    Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?



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