Monday, June 13, 2011

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  • meridiani.planum
    11-06 05:01 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.

    incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.

    In that case, H1 will be denied because an H1 application while out of status will lead to denial.

    incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.

    To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).





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  • gc_chahiye
    07-13 01:12 AM
    I want to select more than one option :)

    in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)





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  • sunilmn
    08-22 10:09 PM
    I have your request to join, we are indeed very active.
    My sincere apologies at not getting back to you so far- will redress that asap!

    Welcome...we are delighted to have you with us.....:)

    Hello I live in plymouth and I would like to join with you guys for DC.Could you please give me more details.





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  • smartboy75
    07-09 04:43 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.
    Why r u doing an h1 transfer ??? why can't u invoke AC21.....??



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  • ibmguy
    04-09 07:31 PM
    I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
    BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.





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  • ujjvalkoul
    03-05 01:23 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???



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  • nmdial
    03-12 07:19 AM
    As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)





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  • gc_chahiye
    08-15 04:57 AM
    Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -

    there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.



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  • transpass
    08-02 06:25 PM
    is there any limitation in sending DHS 7001 to ombudsman?

    Because i already sent this form twice and no response so far. Should i send it third time?

    There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p

    Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...





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  • Billboard
    08-07 04:53 PM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • sunnymit
    05-10 12:49 PM
    the title of your thread sent a message that you know something that others don't - misleading... u want to start predictions - fine, do it but don't misguide ppl... Cheers





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  • Bhadwaj
    07-15 07:48 PM
    Thank you GC28262,

    I also presume that there is no need to file I-539 either. However, what would be the right approach here..

    File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
    OR
    File for AP - but then she won't have a new I-94 till such time that she reenters US.

    Please advice.



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  • GCwaitforever
    07-12 08:41 AM
    I expected Rep. Ed Royce to come hard on Labor Secretary Elaine Chao to improve performance of USCIS, taking your question as a cue. Thats what I would expect from a true leader. Not any circumvoluted responses.

    Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.

    After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.





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  • GCard_Dream
    04-09 01:12 PM
    Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.



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  • sunilmn
    08-22 10:09 PM
    I have your request to join, we are indeed very active.
    My sincere apologies at not getting back to you so far- will redress that asap!

    Welcome...we are delighted to have you with us.....:)

    Hello I live in plymouth and I would like to join with you guys for DC.Could you please give me more details.





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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?



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  • kaisersose
    05-01 10:17 AM
    Thanks guys for all your responses....

    I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.

    However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?

    Complete medicals without the vaccines, etc which cannot be taken during pregnancy. The Civil surgeon shoould make a note on the medical report that the applicant is pregnant and so medical is incomplete.

    When your 485 is picked up for processing, an RFE will be issued and then she can complete the rest.





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  • GotGoose?
    04-24 09:52 PM
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  • kshitijnt
    07-17 12:44 PM
    I am pretty happy with this result. USCIS must be held accountable to a reasonable extent. We are not paying their retirement plans for free with endless pockets.





    neerajvir
    07-17 05:52 PM
    Just made a contribution of $100 to IV. Please take time to renew the faith and keep the pressure on..





    Leo07
    06-26 09:28 AM
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