Monday, June 27, 2011

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  • mlk2009
    08-06 07:32 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...




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  • HOPE_GC_SOON
    07-12 10:21 PM
    Hi,

    Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:

    Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)

    Thanks.






    Thanks for the responses. Will call uscis on monday.




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  • bazuka6
    09-01 11:41 AM
    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).

    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485




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  • fromnaija
    07-11 03:24 PM
    If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.

    So the options you have are:

    1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.

    2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.

    The choice is yours.



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  • coopheal
    02-11 11:35 AM
    Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?

    As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.

    At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.


    Thank you

    There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.

    Even then there are no guarantees that any bill will pass.




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  • snathan
    05-07 12:06 AM
    No they did not book any charges against me..How could they that? We did nothing illegal. It is just the whole episode took place ..It has shaken me and my family.
    I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
    Moreover, will this affect my Green card process if I start suing these govt. people?

    I am just confused...

    If you feel you are offended and religiously hurt you can give a try. Some time back MCD was sued for cooking frys in the same oil where they cook chicken. In this country people will only understand law suite.



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  • meridiani.planum
    06-02 02:12 PM
    I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?

    that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)




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  • rcr_bulk
    07-13 11:39 AM
    Our EAD at TSC and AP also released in just a month. They are mailed in June.



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  • pappu
    03-17 03:53 PM
    Some recent news from USCIS.

    ======================================

    H-1B Cap Exemptions Based on Relation or Affiliation

    Released: March 16, 2011

    USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

    Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

    Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

    USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

    The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.




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  • Ramba
    10-08 06:05 PM
    Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.



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  • pappu
    05-31 04:33 PM
    After seeing United to Secure America's lobbying expenses- 600K, I feel we are very lucky to have achieved so much within a meagre amount. I am sure lobbying is very expensive and there was no way we could have hired a firm. We should thank QGA to have agreed to help us out.




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  • rjgleason
    May 23rd, 2005, 06:11 AM
    Gary, I like all three but the first shot is my favorite.....DOF (on the first) is good, (the shrubs midway in the photo could be sharper) not great but quite acceptable and the polarizer makes the shot shine. Good work (on all three)

    Just noticed the first shot you had the AV at f/10.....I would have shut it down more.



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  • sanju
    11-20 03:51 PM
    Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.

    Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.

    I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.

    Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.




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  • akhilmahajan
    07-01 04:33 PM
    This is the link.

    http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html



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  • jthomas
    04-08 10:25 PM
    I got my H receipt within a week i.e. last week. I would recommend you to start working with the new employer for 2 weeks and gather two pay checks and then go for a vacation.

    Hi there, thanks a lot for all your help - I won't start early at the second employer then but am still a little confused about how long it takes after filing the petition until i receive the receipt. One lawyer said we'd have to do premium processing since i will be back from Germany 4 weeks prior to switching jobs, but from what you guys said that shouldn't be necessary, correct? Thanks!




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  • carbon
    09-25 01:15 PM
    I think we can get some financial support from Housing Market !

    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 200000 (average house price) = 100 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY.
    Please IV Core members take this idea seriously and at least
    SEND A LETTER TO National Association of Home Builders (NAHB) president.



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  • chanduv23
    09-10 02:40 PM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

    During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)




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  • truthinspector
    01-28 08:12 PM
    Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?



    http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms




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  • smuggymba
    04-21 02:07 PM
    Central PA

    really depends where your office is, does ur wife work (r u married) and do you have school going kids (school district stuff)

    many things to juggle and prioritize.




    manish1905
    10-07 12:34 PM
    I got same audit in september as well
    the guy came in to my desk and took pictures and i was asked to show my pay stubs
    then they went to my hr and asked all questions
    on being asked he said its the normal procedure
    so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs

    Thanks for your info!!!!!




    $eeGrEeN
    05-15 09:31 AM
    This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

    This means that we have to stay put and work towards our common goal of getting the system fixed.

    yup , rightly said....



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