Monday, June 13, 2011

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  • coopheal
    03-13 04:37 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.

    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?




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  • visa_reval
    04-26 11:33 AM
    Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.




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  • freeskier89
    02-09 03:09 PM
    ^^^ :eyeup:. Did you really actively go out and seek votes?




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  • gc_wow
    08-02 11:13 PM
    It looks like Mr.Obama is Changing the wrong thing, Immigration policy badly needs an update, he needs to fix that first, cool aid wont help.If the roof is broken you need to fix roof, that should be the priority, instead painting neighbours door and putting christmas lights in summer will not fix the problem. Harvard should take his degree back.



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  • devamanohar
    10-07 12:33 PM
    My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

    Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

    I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

    Suppose she gets married before the green card what will happend to her case. Please I need advise.




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  • logiclife
    07-11 11:40 AM
    There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".

    No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.

    But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.



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  • Fran
    08-14 11:57 AM
    Similar threads have been started before as lot of LUD's have been seen on 07/22 07/28 08/05 and 08/12. I think concensus was that this has nothing to do with 485 data entry as check cashing did not match the LUD dates. But interesting pooint raised in this thread that it might be about which july apps to batch transfer from LIN to SRC. 07/22 might be around the time when LIN started to look at first few july filers apps.




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  • mundada
    09-29 10:27 AM
    Hey I got my receipt last Saturday and have FP scheduled on Oct. 3 at Newark. Call USCIS and check for FP notice.



    Hello Guys,

    Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.

    I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.

    Thanks.



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  • Daisy
    05-25 04:35 AM
    Fax sent




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  • guy03062
    03-17 11:08 AM
    Great job, Jay!



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  • eilsoe
    10-02 01:17 PM
    Actually, my secret is a tutorial i downloaded a million yeras ago, I just never tried it because it scared me. :P

    The tutorial is nearly impossible to do, because the author doesn't tell you how to make the starting blob...

    But i tried to make something in 3dsmax, and worked from there, and this is how it turned out...




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  • whitecollarslave
    01-28 04:32 PM
    The misconception that immigrants are displacing American workers is gaining popularity. If we are to make a case for immigration reform that helps EB community, we ought to show that EB immigrants are not displacing American workers, but helping the overall economy. In the midst of current economic situation and growing public sentiment against immigrants, paying taxes, obeying laws and assimilating with American society and culture is not enough. It is important to stress the obvious - how individuals from EB community are contributing towards the economy, innovation and competitiveness. In order to illustrate this, I would like to get examples of people from EB community.

    The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.

    Thanks again.



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  • pappu
    06-05 11:43 AM
    If you plan it right, you should not have problems.
    - have your new employer apply for Perm asap anyways. These days labor comes in 45- 60 days via perm. You should immediately apply for i140. The 140 is also taking 3-6 months. Once you get your 140 you can apply for a 3 year extension instead of 1 year since 365 day rule applies if your labor was filed 365 days earlier and you do not have either labor or labor and 140 approved. Others in the forum can correct me if i am wrong.




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  • kris101
    07-25 12:11 AM
    Dear psaxena,

    I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?

    Thanks



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  • kumarc123
    03-03 12:07 PM
    Hello there,
    This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.


    Thank you




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  • cagedcactus
    07-25 07:13 AM
    Thanks friends. Just a reminder. I am not using any pre approved labor. This labor was mine. The company filed it for me in august 2003. Then I 140 was filed in may 2006 after labor approval.
    That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
    Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
    Is it possible?
    thanks for your kind inputs.....



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  • GC_SUCK
    09-26 11:19 AM
    Thanks. But GC still sucks because of the long process. Good Luck to everyone.

    PD - 04/2002
    EB3 - ROW
    I-485 RD - 03/2007
    I-485 AD - 09/2007




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  • immigrationvoice1
    10-02 01:44 PM
    Here is what you get when you apply for student loans without GC/US Citizenship:

    1. Trust loans (called Stafford loans also).
    2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
    3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
    4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
    5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.

    In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.

    Hope that helps.




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  • gemini23
    08-02 11:28 AM
    if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
    Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.

    This info is from my lawyer.

    Hope this helps.




    vips63
    09-23 04:02 PM
    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf




    chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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