Monday, June 13, 2011

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  • tigerlibra
    09-29 05:52 PM
    Hello,
    Does anyone have any suggestions ?
    Thank you...





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  • martinvisalaw
    07-21 01:20 PM
    Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.

    To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.

    Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.

    Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."

    No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.





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  • bsbawa10
    08-15 11:14 AM
    I have made these changes ..

    Thanks sachug22





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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).



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  • dc2007
    08-05 06:09 PM
    This really helped me. I just did that and find out that I have so many addresses there. As I said initially because of my job status I moved a lot within US..

    But I am still confused.

    For India I am clear. For the period when I was in India, I will put Indian address

    But while I was in US, what addresses should I put in g-325a form - The places where I actually lived or as the addresses I put in my US tax returns ?

    I have no problem in providing all US addresses, but that contradicts with my addresses in US Tax returns.

    If USCIS will do background check, are they more concerned about
    (a) That addresses in my tax return should match with my residence addresses in g-325a form ?
    OR
    (c) They are more inclined towards that addresses should match with the actual addresses where I lived ?


    from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.

    By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.





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  • rajeshiv
    07-13 12:05 AM
    what case are you talking about ... is it H1 or 485?

    -RR



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  • nixstor
    02-09 07:10 PM
    I know that its a blog but that the tone of blog clearly says that they are very close. If I am not mistaken, their previous 50K was also recaptured from unused EB numbers.





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  • njdude26
    07-02 08:34 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.



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  • corleone
    11-09 10:22 AM
    So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?

    There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"





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  • Tantra
    07-17 03:29 PM
    Join in...



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  • gcpool
    10-08 01:25 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Where did you get this information from? Can you please show a source?





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  • ramaonline
    06-27 03:04 PM
    There is no grace period for finding a new h1b employer - but generally USCIS overlooks gaps of 1-2 months between employment assuming you are able to transfer your H1B to another employer soon

    You can download the employer database from this link and apply to prospective employers - This will help in your job search

    FLCDataCenter.com (http://www.flcdatacenter.com/CaseH1B.aspx)



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  • simple1
    10-02 07:59 PM
    stay out. Only insane will do that.

    It is illegal
    - to bear any expenses while processing h1b/gc.
    - to accept job that is not there.

    Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.

    So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.

    What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)

    Appreciated





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  • lonedesi
    05-03 06:37 AM
    I think it makes a lot of sense in what Janakp is conveying. These online petitions are no good and will achieve nothing. It is better we meet our congressmen/senators and convey these issues to them or their staff.



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  • immgirl
    06-03 12:20 AM
    Don't be ridiculous. If your I-140 and I-485 are approved, this will not affect it. They are auditing PERM that is in process. FYI- Your employer needs to show that there are no qualified US workers for the position that they are recruiting for on PERM. This audit is about employers using FDBL to try to disqualify qualified US workers. This audit will delay PERM applications, but will not affect I-140 s or I-485's that are approved.





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  • pragir
    07-18 11:47 AM
    What risks are there? I tried to search the archives but probably am not using the right search terms. Can somebody help me out?
    Check the archives where people have done extensive study on this subject. In a nutshell, it is not a good idea to do multiple 485s. There are risks.



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  • CRAZYMONK
    09-24 02:37 PM
    I used AP in Feb 2008 when we went to Australia. But my wife did use her H1b to enter.
    Got RFE for both of us.

    Could be. Nice Find.

    There you are. I am pretty sure that the reason for your RFE is your travel.

    Every thing should be fine if you just send your medicals again.

    Any way all the best.





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  • sunny26
    08-02 04:40 PM
    Hi
    I dont understand what is the good news in this.EB3 may 2001? what is good in that?

    Am i missing something?



    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.





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  • pappu
    01-07 07:19 PM
    http://immigrationvoice.org/

    Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
    Contact your chapter leaders for various state chapter action items.





    alex77
    10-11 01:39 PM
    If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.

    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:





    gc28262
    04-23 01:45 PM
    My I-140 is still pending at NSC.
    I am planning to change my apartment. Same city, different zipcode, better deal!
    Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:

    Here is my question:
    In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
    Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.

    So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?

    IMO you need to fill AR11 only once you vacate your old apartment. If you want file AR11 earlier, you can do it. Since you own(rent) both apartments till 05.16.2009 you can retain your old address till 05.16.2009 and file AR11 before 05.26.2009.

    After filing AR11, call USCIS customer service to verify the address change. (Don't misuse infopass for such basic stuff).



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