Tuesday, June 7, 2011

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  • masterji
    07-21 08:21 PM
    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.





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  • coolngood4u80
    08-23 11:28 AM
    My wife is doing her MBA in H4. My PD is July 2008. Being on H4, you can save a lot of money in fees. And also you never know, If at all the visa re-capture bill is passed, you might able to file I-485. So My advice is to continue on H4.





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  • eb3India
    11-30 11:44 AM
    Hi,

    I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV





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  • hpandey
    04-13 02:16 PM
    COngratulations on finishing the long journey !! Keep visiting IV :)



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  • abhaykul
    09-10 09:02 AM
    Gr8 job ! Shilpa and Aman and all core members ...Keep it up





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  • anjs
    11-15 02:02 PM
    Can some one post the link to TN chapter



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  • eilsoe
    10-08 10:13 AM
    hmm... I'm inspired...





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  • malibuguy007
    07-17 12:36 AM
    Very well written article indeed and quite balanced.



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  • mkyaj
    03-24 12:19 PM
    My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.

    I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.

    She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?

    How does it work? Did anyone went through similar scenario?

    Please advice.

    Thanks.





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  • krishnam70
    05-06 11:43 AM
    I have been a silent follower of IV for more than a year but this is my first post so be kind :)

    I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

    I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

    The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

    I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

    Thanks in advance :)

    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris



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  • brad_sk2
    08-14 06:22 PM
    But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.





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  • chapsi29
    09-15 10:51 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.



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  • imh1b
    02-07 10:16 AM
    Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.

    What about the Legal Indians? The so called best and the brightest.
    Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs





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  • little_willy
    03-04 04:37 PM
    Congratulations !!! Happy for you, enjoy your freedom.



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  • abheja
    12-21 07:25 PM
    Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.

    My interview was in June so I don't know if things have changed since but please consult your attorney.





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  • indyanguy
    11-06 08:31 PM
    You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.

    If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?

    Thanks!



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  • obviously
    02-06 11:24 AM
    Pay rises are OK as long as they within range for the job classification in which you work. Only trigger point is when someone takes a drastic pay cut: usually an indicator of fraud / sham-companies.





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  • thakkarbhav
    11-17 09:17 AM
    DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.





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  • solaris27
    05-22 12:05 PM
    https://www.dol.gov/esa/whd/forms/fts_wh4.htm





    sammyb
    11-30 09:07 PM
    You need to invoke IV-21 :D

    like the humor in it ...

    in todays era we are thinking everything using GC terminology ... :D





    roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.



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