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Saturday, June 11, 2011

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  • dvb123
    10-05 12:20 AM
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  • immitul
    10-27 04:54 PM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

    Spouse using EAD, has no affect on your H1.

    My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.





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  • lostinbeta
    11-18 04:03 PM
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  • asdcrajnet
    04-13 05:15 PM
    It will be helpful if we are allowed to apply for I-485 & EAD, even if the visa numbers are not available. They could atleast throw this bone to us, which will be helpful in not needing H1B and allow us to change jobs. Hope they make this amendment to this Bill.

    I know the Core team will already be working on this.



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  • felix31
    12-13 03:32 PM
    this is simple. Enforcement results will show that illegal people are bigger threat when they are illegal. Guess what the remedy is, legalize them aka CIR.

    I am ready to hear this on the local news "Latest research shows that legalizing the undocumented workers is actually better for the american public" :p

    LOL :D :D Whenever I see your signature I realize that I should be working on plan B instead of endlessly hoping to see a GC within my lifetime...:D





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  • mjdup
    01-23 12:29 AM
    IV core, thanks a million. You're well organized with a plan, this dedication will go in a long way in all future personal and professional endeavors. You are the final hope to thousands fighting this sluggish problem.



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  • meridiani.planum
    03-13 08:39 PM
    Hi All,

    I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.

    This is the matter that I have in my Graduate Status letter.

    "This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"

    Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.

    Please help me what to do with this situation and having letter from the university.

    no. until you complete all the requirements technicaly you have not completed your masters and cant use the masters quota.





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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • TomPlate
    01-09 10:20 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.





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  • I_need_GC
    07-25 04:07 PM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
    A. Singh

    She can apply for adjustment of status EAD I-485 she does not need to have H4 to apply for adjustment under you. She is not out of status because he status in the US is currently OPT even thoug the visa itself might have expired on the passport.



    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
    A. Singh

    It will not be invalidated. Her status will change from F1 to Adjustment of status. You can legally stay in the US while your I-485 is pending and travel using AP or work using EAD.


    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
    A. Singh

    In my opinion you don't need H4, but to be safe in case the I-485 gets denied then she will be out of status. Legally she can stay in the US while her I-485 is being processed that is one of the benefits of I-485.


    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
    A. Singh

    Yes the 2 month gap provision called 245q protects you against 2 month of illegal work or stay. But in my opinion she will not be out of status in this situation after filing I-485.


    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    I don't know the current fee you can check the uscis website.



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  • sarasuva
    01-30 12:57 AM
    Any advise/guidance on this issue guys?





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  • vnsriv
    09-06 01:33 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.


    Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
    1. There are many case like this
    2. Your wife's case will be processed independently. Her FP is independent of you.
    3. No.
    4. You will get one FP notice.



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  • gc_kaavaali
    08-08 12:22 AM
    You cannot work on EAD...but if you apply for EAD replacement and if you received receipt, then you can work on receipt for 90 days. Hope this helps.





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  • j0se
    09-15 06:52 PM
    that was quite a journey!! i think half way through it i realised that i will not be making this effect again (at least too kickly...)

    www.alt-student.co.uk/bs5.htm


    i have to say that flash MX's 'distribute to layers' feature came in really handy for this

    thanks again

    sleep = true
    :)



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  • Sunx_2004
    08-15 11:56 AM
    Here is the situation Mr. Pro-

    I filed my 485 in July 2007 with an approved I 140, My company got aquired in Nov. 2007. They amend my H1B, Recently I come to know that they file new I 140 to indicate new company is sponser of my GC. The new I 140 is still pending.
    Now, I am gettig an offer by another company and that company is ready to transfer H1B. Can I change job while my new I 140 is pending
    What if they withdraw new I 140 after I leave.
    One lawyer which I consulted is saying that you should be fine because your I 485 was filed with an approved I 140...

    Please let me know you thoughts

    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)





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  • guchi472000
    02-12 10:58 AM
    I am in for Gandhigiri.:)



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  • funny
    10-01 05:01 PM
    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.

    But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...





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  • student79
    04-04 09:18 AM
    Thank you Guru's sharing your expereince here..

    I have one more question, please advise.

    now what if I apply for F1 visa and it get approve say 2 months before her actual class start date. as soon her F1 will get approve she will be on F1 status , so is there any problem she stay on F1 for some period before her actual class start.

    for example her actual class will start from 1st of August 2011 and we apply for her F1 on 1st may and it get approve by 15th May and from the approval date of F1 (15th May) she will be on F1 status. but as said actual class will start from 1st Aug 2011, so is there any problem or illegal if she stay on F1 from 15th May 2011 TO 31st July 2011 (75 days) on F1 without her actual class starts ?

    My wife already have H4 extension which is valid until 2013.

    Thanks,





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  • desi3933
    08-28 03:40 PM
    internal for who do u work DOS/USCIS u jerk


    You must be *so proud* of yourself.





    piyu7444
    04-11 12:47 AM
    If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?





    mzdial
    February 26th, 2004, 10:24 PM
    Rob,

    I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:

    My photosig page (http://www.photosig.com/go/users/userphotos?id=38138)

    I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.

    -- Matt


    If every member critiques 5 photos a week, in no time, all photos will have comments.

    I don't know about you, but I love comments, good or bad about my photos...

    many help me to focus efforts and make better images...

    Thoughts??



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