Sunday, July 3, 2011

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  • wandmaker
    11-12 05:55 PM
    it is always recommended to file h1 extension. If your company is not willing to file for an extension, you will have to use EAD to work for them. Once you started using EAD, your non-immigrant status (h1) is invalidated. Hence , you can not apply for H4 extension for your spouse/dependants - they will be in "pending AOS" status, entire family needs to have AP to travel outside and enter USA.

    BTW, you will have file I-539, it is faily simple, goto USCIS site and download the forms.

    Hi ,

    My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
    Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.

    Thanks




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  • neelu
    01-04 11:00 AM
    http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search

    The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!

    What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!


    Dear Vatsa,

    I'll tell you what it takes.

    It takes strength, both in membership and money. And the former helps bring the latter.

    Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).

    Encourage others to participate in the Add ONE Member campaign started by IV.

    Thank you.




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  • deecha
    11-25 03:58 PM
    Basically, I think your labor can be re-appealed but it is a waste of time. It's better to work with your lawyer and get the job duties tick and tied with the paper filing. Nowadays there are lots of audit in the PERM system.




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  • validIV
    03-26 05:21 PM
    It wont hurt you to have both. Whichever gets approved faster only benefits you. I have an I-130 filed for me in 2001, F2B, as well as an EB3 based with a PD of May 07



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  • Redeye
    01-25 12:47 PM
    What are all the documents needed for travel on AP? I am travelling JFK->Dubai->India. I am guessing there is no transit visa mess involved here since there is no Europe stop.

    Documents are

    1) 3 sets of AP valid till october 2008
    2) EVL
    3) Current pay stubs
    4)H1 approval (valid till 2010, no needed but still have it)

    Do I need w2 and tax returns etc?

    Thanks




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  • wolfpok
    11-14 08:37 PM
    Folks,

    The December bulletin is out. You know that no end is in sight. If you care about the issue, if you want to make a difference, if you want to be part of the solution, here is your chance! Get involved with the Carolina state chapter of IV.

    We are creating a buzz in carolina...see what the N&O just said:
    http://www.newsobserver.com/1154/story/768394.html

    Come join us! Send me a pm.

    pok



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  • rockstart
    07-20 08:32 PM
    Spoke to Virgin Atlantic cust rep last week for flight from US to India via London and they said they cannot accept Advance Parole for transit and I would need UK Transit Visa or Valid US visa.




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  • golgappa
    08-19 02:03 PM
    Thanks for your reply..

    You mean the FedEx delivery receipt, or the USCIS Receipt..



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  • kaushalrupani
    07-12 09:40 PM
    Hi,

    Here is my story, your help & information will be appreciated...

    1. I am currently working for Company A on L1B.
    2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
    3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.

    Now, my problem is that I do not want to Join the New company until December.
    However, can I still work with my company A on L1B even if after October.

    Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???




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  • prasadn
    02-04 05:04 PM
    Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
    Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.

    Hope this helps.


    Hi,

    I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.

    Currently I am on H4. And there is a gap in employment since March 2009.
    I have got an offer now and employer will take care of my H1.

    I need to know what is the process of H4 to H1 in this case.? Can anybody help me
    How much time does this change of status takes place?
    The H1 now will be valid for how much time?
    Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
    Is it not recommended to move out of the country till status is changed from H4 to H1.

    Please somebody reply. Its urgent!

    Thanks in advance
    Pooja



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  • imconfused
    06-29 08:17 AM
    the I-94 stapled to my passport says 20feb2008, since my passport expires on the same day. dont i have to get a new I-94? though 797 is valid more than 1 yr?




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  • somegchuh
    04-04 05:24 PM
    I think this thread is really good start. I think the inherent problem is not the fact that H1B is temporary and ppl want GC. Basic problem is ppl want the right to be able to work for who they want and they want the same for their spouses. This can be addressed by H1B reform also. But I think it will be an uphill battle because most businesses get captive employees by way of H1B visa and would be the real losers in case of a reform.



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  • lost_angeles
    03-02 04:24 PM
    I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

    If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?




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  • kris04
    08-27 09:56 PM
    Yes it matters.

    During my LCA my company moved 10 miles to another city which was in a different county and my attorney had to file for a new LC. In fact she also asked to mention any other location (like house if in different city) if that was applicable.

    The main reason for that is salary level.

    Your statement is true only for the H1B visa, I guess the person who started this thread is asking about the opinion of starting GC process from the state where company is located, the answer to that query it is fine, because it is for future employment


    regards

    kris



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  • lskreddy
    01-13 12:25 AM
    I know of a friend who had his grand parents visit him recently and they had no trouble. When asked, I was told they mentioned they wanted to take a trip to see their grandson while they could. All the best.




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  • what_now
    06-22 10:50 AM
    Nebraska immigration law passes - CNN.com (http://edition.cnn.com/2010/US/06/22/nebraska.immigration/)


    (CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
    The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
    A local organization decried the new ordinance on its website.
    "It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
    The American Civil Liberties Union has indicated it will file a lawsuit.
    Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
    In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
    In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
    "Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
    The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
    In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
    Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
    "Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."



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  • shishirv
    07-10 12:27 PM
    I am currently working as a Functional Solution Architect in an IT firm.

    Current Status: H1B (6th year)

    GC status as follows:

    Priority Date: April 2007
    EAD received: October 2007
    I-140 is approved.

    Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:

    1. Is that permissible and can I use my EAD to work for a new employer in a different field.
    2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.

    Thanks in advance for your response.




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  • sprasad
    07-26 02:43 PM
    Hello
    I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)




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  • Prashanthi
    04-09 12:14 PM
    As i said would be better to convert this case to PP. You have only pending status, in order to file for a transfer you need to show that you are presently on a H-1. I am not sure if the bridge situation will work in this instance.




    buehler
    12-13 06:06 PM
    Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
    Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.

    ssdtm & laksmi,

    Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.

    Can I still get my pay from my H1 job or should I wait for EAD approval?




    jnraajan
    04-11 03:19 PM
    USCIS is the US Govt..You do not tell Uncle SAm how to do their job....!!

    Actually, that is not true. USCIS is part of US Govt. That is true. But, the department is run exclusively on the funds generated by receipt fees. So, they do have a responsibility towards us. dont you think



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