jeudi 9 juin 2011

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  • nlssubbu
    01-10 01:29 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks

    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks




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  • ashkam
    04-02 10:46 AM
    you dont have to marry. just remain as illegal and they will GC sooner.

    I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.




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  • lostinbeta
    10-20 02:19 AM
    I need to get me that painter program :P

    If it is as expensive as Photoshop I don't think I will be getting it anytime soon though. Too many other things I am saving up for.

    And Edwin is the only expert here :)




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  • canleo98
    09-26 04:15 PM
    Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?


    My RN date was Aug 24th and check was cashed on Aug 28th. I guess it usually takes 3-4 days to encash the checks.



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  • akhilmahajan
    04-17 12:09 PM
    This topic has been discussed in detail in the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=21556

    You can also find the list of documents you need to renew your passport. Please let me know if you have any questions or post on that thread to get feedback from folks who recently got their passport renewed.




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  • sw33t
    05-21 08:49 AM
    <start sarcasm>
    Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
    </end sarcasm>


    a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.

    b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.

    c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.

    d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.

    Understand that they are looking to answer the basic question:

    ARE YOU LEGAL OR ILLEGAL?



    WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.



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  • ivar
    03-31 05:16 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...


    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).




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  • somegchuh
    03-04 06:30 PM
    Same thing is true for me. For 4+years I was stuck in PBEC. Dates were current all along. Then filed 485 in Feb 07, dates were still current but name check was pending. Now that the NC isn't an issue, the dates are UNAVAILABLE! This whole thing is just screwing with my brain. To add to the mystery they decided to make a "soft" lud on my 140 yesterday. So just keep waiting like idiots ....

    What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late

    Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.



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  • lkapildev
    01-10 04:19 PM
    LC Sub pd 2001 EB2




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  • english_august
    07-06 08:14 AM
    If somebody wants to create a seperate message, release it, I can dig it.

    There you go:
    http://desicritics.org/2007/07/06/004733.php



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  • chanduv23
    03-04 11:36 AM
    The answer could be
    "I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]

    Employment can ask for valid employment authorization, but not for kind of employment authorization.

    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
    [From the link]
    The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.



    ________________________
    Not a legal advice.
    US citizen of Indian origin


    Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.

    If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.

    Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.




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  • gc28262
    03-26 10:22 PM
    Why would an entry on AP not apply here?

    also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?

    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.



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  • nitkad
    04-29 01:57 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    If you think no one is giving you correct answer, just spnd some money and consult a lawyer.




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  • logiclife
    05-09 10:34 AM
    Meet-and-greet fellow
    Immigration Voicers

    Some of the Core-group members will be converging in Washington DC on Monday, May 15th. Some of us are flying over the weekend (from Florida, Nevada, Seattle etc) and the ones nearby (NY, NJ, DE, MD) are driving there.

    The core-group would like to meet Immigration Voice volunteers and members in and around the Washington, DC area. We are arranging a get-together dinner event on May 15th in DC Metro area to facilitate this meet and greet, and to have frank conversations with our current and future members.

    You are invited to meet with the core group and network with members, local professionals, and well-wishers of Immigration Voice. Don't lose the fantastic opportunity to learn more about IV's strategy as well as the Capitol Hill meetings first-hand from the core-group.

    Attorney Rajiv Khanna would be joining us for this meeting.

    The event is arranged at a Bombay Palace at a discounted price of $20 per person. Like all the activities and events, the expenses (food, travel etc) will not be reimbursed by IV, and it would be paid out-of-pocket by volunteers, members and all guests.

    If you (your spouse or colleagues at work) would like to join us,

    (1) Please RSVP at the following email addresses with subject "RSVP".
    (2) Include the following: Name, and TOTAL number of people attending - including yourself.
    (3) Children NOT allowed (As this is a professional/organizational event, we advise you not get kids along with you. We apologize for any inconvinience this may cause.)



    Venue

    Bombay Palace
    2020 K St. NW, Washington, DC


    Time

    6:30pm to 9:30pm


    Valet parking available(Free after 5:30 PM)

    Metro directions
    (Easily accessible by metro.)
    Few blocks from the follow. metro stops:
    Farragut North (RED line - Connecticut Avenue and K Street) and
    Farragut West (BLUE and ORANGE lines - 18th and I street)



    RSVP by Friday (05/12) 4:00 p.m.:
    (Please include the total number of people. Children not allowed.)


    jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
    info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)



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  • kkmajid
    10-16 01:43 PM
    Hi

    I am currently a masters student in an american university. My
    graduation is in May 2007. I am planning to apply for H1B visa soon
    after.

    1. Assuming that my H1B status is approved and I recieve my H1B papers
    by October, how long should I wait until my employer can file for my
    greencard application?

    2. It is been announced that the premium processing for the labor
    certification is available. This means that there is 2 week decesion
    instead of months like before. Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi




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  • gc2005
    11-17 01:48 PM
    That brings up a good point, why do you think all the PDs are moving except India?
    Is there really that many applicants from India than China



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  • GCeffect
    01-29 04:16 PM
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��

    Some help here will be highly appreciated��.thanks in advance




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  • JazzByTheBay
    09-15 03:49 PM
    Can (and should) be published on the IV web site. We really need to get better at telling our story, imho.

    jazz

    Wonderful idea..I am with you.....




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  • Euclid
    03-19 09:43 PM
    The firm I work for is also signed up for E-Verify. It's lawyers were cool with the receipt rule. I have also checked this with the international student's office at my grad school. I am absolutely sure this is OK to do.

    Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.

    Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)




    krustycat
    03-09 07:33 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

    Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

    My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.




    gcpool
    03-26 01:14 PM
    How did you come to this conclusion?

    I will go first: 50%

    :p



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