Wednesday, June 8, 2011

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  • chumki
    12-17 03:46 PM
    Got laid off but found a new job and working on EAD.

    Status :
    I-485 pending over 180 days
    I-140 approved and employer will not revoke I-140 and I-485
    Received EAD and AP.

    Question is now:

    1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?

    2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?

    3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?

    I am very confused.




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  • liberty
    10-06 04:30 PM
    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.




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  • evileks
    12-21 04:21 AM
    I would be interested. I know enough flash to make nice banners, and I am pretty good at photoshop. If you still need someone to team-up with you, here I am. I am also very laid-back.




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  • overseas
    08-21 04:22 PM
    I further checked with my companies attorney and also called USCIS and understood that I need to file EAD and AP with Texas service center as I live in Massachusetts.

    I did paper filing and sent my application today.



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  • sgX05
    02-17 08:30 AM
    Another update on 485 today after it was transferred to TSC...

    "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."




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  • dealsnet
    07-27 02:03 PM
    Since you are in tight spot, you need to consult good and experienced lawyers.
    Do not go to an ordinary lawyer for this.
    Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)



    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.



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  • ghost
    07-24 04:20 PM
    What can we ask for-
    1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
    2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
    3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?


    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?




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  • chanduv23
    10-29 07:27 PM
    The primary goal is to get people start meeting their lawmakers. We are happy that the response has been very good and people are willing to meet local lawmakers



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  • carbon
    09-12 01:14 PM
    Hi Guys,

    I am from India. Can I go to US Embassy in Canada for H1 stamping ?
    How to do that. Please someone enlighten me.. last time I heared you
    have to go back to your country of origin for H1 stamping. am I wrong.

    thanks




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  • mkyaj
    03-24 12:19 PM
    My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.

    I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.

    She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?

    How does it work? Did anyone went through similar scenario?

    Please advice.

    Thanks.



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  • ajkastar
    07-27 01:35 PM
    Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.




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  • EADchallenged
    03-23 12:24 PM
    All,

    I dont know what you guys think about the competing bills - Frist and Specter, but I get the feeling that the Frist bill which does not include any of the Illegal immigration amnesty provisions but does contain almost everything you would want for EB immigration better serves our purpose.

    The Specter Bill with the Guest Worker Program even if it passes the Senate will not pass the hardline conservative Congress - which could mean that all our EB provisions also get scuttled. Hence, I think it is in our best interest if the Comprehensive Immigration Bill (Specter) does not see the light of the day on the 27th. I would desist from urging the Judiciary committe from trying to make the deadline.

    What do you guys think



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  • addsf345
    12-30 03:01 PM
    I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.

    Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.

    Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?




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  • ayaskant
    02-01 10:20 AM
    Thanks kanshul for ur reply. What is your suggestion for me.
    Should I stick onto my current employer.
    Do you have any clue when will be the date current for me.Any chance in this year?
    My clients have made my life hell forcing me to join in the company as permanent.



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  • Saralayar
    05-18 09:26 PM
    Hello Freinds.

    After a long wait of 8 years today i got an RFE i don't know what the RFE is all about and will be waiting to get the letter in the mail, do you know how much time does it takes for the paper RFE to come to your lawyer.

    RFE was issued today but unlike the email which i got says the status on hold, thats strange

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    is this normal or is this is an indication of something wrong and bad.

    Please do advice gurus


    Best Regards

    Saburi
    Saburi,
    Did you recieve your RFE?. Please share the details so that we can have an idea of what types of RFEs are coming from USCIS.




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  • gcdesirer
    02-04 10:39 PM
    Thx gapala, wandmaker and lostingcprocess... Appreciate your prompt response.

    No compensation only because it is for a close family friend.



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  • cygent
    11-26 08:15 PM
    Thanks Everyone,

    To the person who gave me red with the comment "post the valid reason." That was not necessary, you could have just sent me a message.

    Anyhow, the reason is that the company I trusted & toiled for past 8 years is down the tubes, after having faced years of lies, deceit & false promises. I know it's all my fault for being so trusting, so now I am trying to forget that pain & treatment & just progress moving forward.

    So from what I gather, I can apply for a H1-B now, but it will be only for 1 year? I want to do a "new" H1 instead of a "transfer", since the company finances are a BIG ZERO or -VE, so I have no paystubs to show. And then eventually I want to file new GC with this new company.




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  • gjoe
    10-10 04:18 PM
    Marry me...i like funny people......

    /thread

    How did you know Kumar1 has an earlier PD than yours? :):p




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  • redgreen
    05-10 11:40 AM
    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.




    visaspirant
    10-21 11:50 PM
    Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
    Thanks so much Elaine!
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.




    psaxena
    06-26 01:02 PM
    Planning to have the conference call Friday evening 4:00PM AZ time

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