Thursday, June 9, 2011

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  • anantc
    01-29 09:27 AM
    Hi,
    my wife has received EAD and she also has H4 status. If she travels on H4 and get it stamped in India , can she work on EAD when she comes back?

    Kindly request your help,
    Anant





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  • gimmeliberty
    07-17 05:34 PM
    Congratulations to IV and all it's members. Time to celebrate!





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  • snathan
    02-23 10:07 PM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

    Why dont you ask this question in a free attorney's call.





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  • chi_shark
    02-18 05:06 PM
    You are W2 or 1099.

    if he is working for himself, he has to be a w2 on his own payroll as the president of the company or employee as it is in his case...



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  • munnu77
    12-12 06:56 PM
    sorry if i am wrong..
    How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
    i just dont trust these consultants..





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  • VMH_GC
    12-20 12:11 PM
    I got my h1b visa stamping done recently. My labor and I-140 EB2 approved, did not take any labor approval and I-140 papers.



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  • kumar1
    07-11 12:02 PM
    Well, I disagree - I am sure they have certain number of work force dedicated to work on I-485 cases. They will not accept any I-485 till October....so tell me one more time what are they going to do till October?
    I agree with rest of your points about family based AP, EAD etc.





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  • scorpioduo
    04-16 04:39 PM
    What is an "MTR"?

    MTR=Motion To Reopen the case



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  • walking_dude
    10-25 02:14 PM
    Full credits belong to CagedCactus who took the initiative to call the meet, chose the venue and time, brought snacks and coffee to the meet. And also to Bestin who drove all the way from Lansing to be with us.

    It was nice to touch-base with some of the DC rally veterans and share our experience. And also to discover some neighbors :)

    State chapter meets are a nice opportunity to meet people and build your network - which may prove very useful to you in the future. People who skip the meets don't know what they're missing.

    Thanks again to you and everyone that attended.

    Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.

    Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.

    It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.





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  • desi3933
    06-25 09:46 AM
    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.


    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.



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  • pbojja
    03-30 11:24 PM
    Congratulations....
    A couple of questions, which could everybody in analysis
    - Did you use EAD ?
    - Did you use AC21 ?

    Thanks

    Thank you all.. I did not use EAD or AC21





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  • gconmymind
    11-30 04:23 AM
    I filed my AP renewal online, I used my discover to pay my dues.

    I did not submit any paperwork, I got an RFE just for photographs.

    Most important thing for AP-renewal according to my experience is photographs.

    I hope this helps, message me if you have any additional questions.

    I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?



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  • conundrum
    03-25 08:41 PM
    Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .

    But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.





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  • raysaikat
    05-25 03:43 PM
    Apply for AP - 350 bucks. If you application is valid - you will get it.
    Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
    Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
    All the best!

    This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.



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  • gc28262
    03-26 09:28 PM
    I never heard this? Any references to confirm this?

    http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf

    The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.

    http://smithgarg.com/article-overcoming-violations.aspx

    Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.





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  • kkmajid
    10-16 01:55 PM
    Hi again,

    Thanks for your reply.....

    If i am doing premium processing or I-140 then it should take 2 weeks to get a decesion so it would take 4 months then? Please explain

    Kambi



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  • saimrathi
    07-03 11:20 AM
    Well, here are the thoughts.

    American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

    If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

    Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

    Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.

    Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...





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  • apahilaj
    03-25 01:59 PM
    Is this true?

    http://www..com/discussion-forums/i485-1/86900247/





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  • PALLO
    04-21 01:42 PM
    Thanks guys for your inputs and helping me understand this better.

    I understand that LC is for future employement. Someone said that at the time of filing 485 , company should be wiling to make you an offer for the specified location in LC. But does it just mean offer or you have to accept it and move there till it has been post 180 days of 485 submission Time when GC becomes portable (assuming 1-140 is approved).

    Thanks once again.





    Lasantha
    07-09 01:33 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    Not entirely true. In my case all I did was verify that my personal data was correct. But when it came to certain issues and confusing stuff I brought it to their attention and they took care of it. In my opinion you do need a lawyer unless you are absolutely 100% confident that you can fill those forms without screwing up.





    dealsnet
    07-23 12:50 PM
    If you are out of USA for a longer period, your I-485 will be in trouble. If you didn't come before AP expiration, your AOS will be abandoned. You cannot renew AP away from USA.


    You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.



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