Thursday, June 9, 2011

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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

    Incorrect!

    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • ashneels2001
    05-17 03:23 AM
    I just spoke to my lawyer. We are considering another point that my high schooling is for 13 years, so if we highlight that in evaluation along with 3 years Bachelor then it might serve the purpose.

    USCIS accepts 3 years Bachelor from UK and New Zeland as equivelent to US 4 years, cuz these countries have 13 years high schooling. In my case due to my 3 years diploma(polytechnic) before bachelor, make my 13 years high schooling. Still exploring different points.

    Have anyone earlier faced this scenerio? if yes, please share the possibilities.

    Shujaat,
    Be very careful while drafting your response and choose the right eval agency. I ur case in Nebraska?





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  • Tantra
    07-17 10:51 AM
    We are close to 20k membership and growing...





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  • chantu
    08-21 06:17 PM
    Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.



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  • jay75
    08-07 01:34 AM
    Received 2 year EAD, with pending I140(EB3 I).





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  • h1techSlave
    03-19 11:57 AM
    I can't think of anything other than getting the company immigration lawyer's help in this case.

    On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".

    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.



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  • titu1972
    11-07 01:11 PM
    I have applied my I-131 through e-file. Immediately I got the receipt no(LIN##########).
    Can anybody tell me what supporting document I need to send to NSC.
    By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.





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  • shiankuraaf
    01-06 09:30 AM
    I gave you RED for a misleading title for this thread. Be nice and clear.

    Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.

    Regarding prediction: No change what so ever.



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  • bkn96
    12-02 09:01 PM
    very encouraging news.. hope USCIS learned leasson..





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  • Hong12
    02-06 02:12 PM
    Thank you very much for your help and all the info. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • newuser
    04-15 12:15 PM
    Congratulations and enjoy the freedom





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  • desi3933
    06-22 09:50 AM
    [QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st


    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.

    I have answered this question in my last post (#1 in post). Here we go again --

    By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.

    Not a legal advice.
    -----------------------------------
    Permanent Resident since May 2002



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  • perm2gc
    04-27 02:25 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009
    how was the query replied ?





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  • wandmaker
    10-13 09:42 AM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.

    two words, good luck



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  • paskal
    07-19 10:34 AM
    keeping everything else aside
    it is likely to be easier to get a residency on ead- choice will be wider
    you have to consider though if it matches "job description"
    you may not be the primary applicant though, on derivative ead- it's perfect

    people on this forum
    please join the iv-physicians group
    see link in my signature





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  • hopefulgc
    04-09 08:49 PM
    and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.

    u dont need to worry about that because the seller pays both the buyer and the seller's commission. all u have to pay is closing costs.



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  • WaitingYaar
    01-18 06:50 PM
    Is there any reason that NSC I-140 processing times not moving forward. Moving by 5-10 days every month? It seems that the processing times are over 7 months.





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  • aat0995
    01-15 10:03 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive





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  • GCBy3000
    12-09 10:14 AM
    If they do this retroactively, I hope they retro to 500 years back. Everyone from the congress and the president should deport their ass from where their ancestor's came from.

    Its not just any Mark Krikorian, its our beloved 'bigot/racist Mark' - please make sure you always use that prefix or he will be very upset. He's already pissed that anytime the CIS' news releases are picked up by the newspapers/TV, they apparently describe CIS as merely an organization that wants 'stricter immigration' and deliberately leave out their illustrious founding by a courageous racist John Tanton. So - in confusion, ladys, jellyspoons , julia preston, nytimes et all - don't piss off our CIS ppl or they will deport your ass to wherever it came from! And don't think just because you were born here that you are safe cos there's a bill in the works that strips birthright citizenship retroactively!





    chanduv23
    06-08 07:20 AM
    I have a NY lisence and it says on top "Temp visitor, expires 05/29/2010" which is the date on my i 94. So around that time I have to go get that extended to whatever temporary date my status gets extended. What a pain.





    dilipb
    02-07 04:56 PM
    Seriously speaking I still am not convinced....
    Can someone ellaborate on this more?
    Thanks...



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