Wednesday, June 8, 2011

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  • clif
    10-15 07:41 AM
    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.





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  • omiboy
    09-21 10:02 PM
    Can someone please help me?

    I have been with my current company for the past 7 years under an H-1 visa.

    My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).

    I am currently on my 3rd H-1 extension which was given to me till Oct 2012.

    My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.

    Is there any way for me to transfer my H-1 to another company who is willing to employ me?

    My present company has said that they will keep my green-card sponsorship untill I get the card phisically.

    Can someone tell me if I can transfer to another comapny?

    If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?

    I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.

    Please help me... I need advice.

    Sincerely

    Omi.





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  • solaris27
    03-12 08:51 PM
    its a good idea





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  • tabletpc
    04-06 07:59 AM
    Can anyone please give me some suggestions..

    My dad health is not stable and has been admitted to hospital. I would like to visit him. Does this qualify for emergency appointment. Mine is H1 revalidation.

    Also please let me know what forms I need to complete before going to india.

    Your suggestions are appreciated. Thanks



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  • chris
    08-21 02:49 AM
    My case was transfered to Vermont. (Same reason they gave " Speed up processing :mad: ).


    USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)

    History of events

    July 21, 2007: Filed I485 with NSC

    Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC

    July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"

    Aug 14, 2008 : Case Transfered to TSC : No reason given.

    Anybody in same boat ?





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  • saps
    01-08 07:40 PM
    Please help.



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  • lostinbeta
    10-05 04:40 PM
    :) :) :) =)





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  • sathyaraj
    10-15 10:23 AM
    EAD allows un-restricted employment so nothing to worry. Also take all the supporting documents then you should be fine. In your future employment letter, plz make sure that you have full time (in-definte) job offer. Do not talk about ur salary as per hr basis.

    Good luck..



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  • print0104
    08-29 04:57 AM
    You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.

    um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
    Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.

    By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
    Thank you guys~





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  • kosu
    09-14 03:49 PM
    I got an LUD on 08/05/2007. My 140 was approved was in late Dec 2006.



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  • muthukmk
    08-03 07:24 PM
    Hi experts,

    Can someone help me in this regards. Awaiting eagerly for ur expert comments.


    Regards





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  • sk.aggarwal
    03-16 06:01 AM
    When you get insurance from employer, you pay with pretax money. With online policy you will have to pay with taxed money. Unless it is atleast 30% cheaper than one offerd by employer, I will not go with it. You may be able to get tax deduction later, but it has limits



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  • immique
    06-30 01:43 AM
    I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.





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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex



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  • eb3India
    09-25 10:19 AM
    Here is the mail from AILA,
    September 25, 2006


    Dear Immigration Advocates-

    Your help is STILL needed TODAY! Senate Appropriators will meet late THIS AFTERNOON to decide if enforcement-only bills will be included in the Department of Homeland Security's appropriations package. Urge your Senators to oppose efforts to attach anti-immigration measures to this must-pass bill. Call or email your Senators TODAY - encourage them to weigh-in with Senate Appropriators about this urgent matter.

    You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.

    Email your Senators through Contact Congress on AILA's website. We've already created a sample letter for you to send. All you need to do is enter your zip code, hit send, and your voice will be heard in Congress.

    Call your Senators, you can find their telephone numbers in our Congressional Directory and you can use these talking points to help you when you call:

    � Congress should stop playing politics with immigration and pass comprehensive immigration reform. These enforcement-only bills will do nothing to enhance border security and will not move us one inch closer to fixing our broken immigration system.

    � Attaching these bills to DHS appropriations circumvents the legislative process on an issue of critical national importance; it undermines the intense and unflagging efforts of the Senate to solve this crisis; and it rewards the House for spending the summer attacking the Senate while abdicating its responsibility to the American people.

    � Senators should forcefully oppose this effort by the House to nullify the Senate's bi-partison solution. If the Senate acquiesces on these provisions, the House will only be emboldened and will never return to debate comprehensive reform. This will not be "enforcement-first", it will be "enforcement-only."

    � For laws to work, they must be realistic and fair. Our current immigration laws are neither: proposals like these that ignore the reality that immigrants come here to work and to be with their families are destined to fail.

    � Giving the government unchecked powers to punish immigrants, and making local police chase after immigrants, will only drive undocumented immigrants further underground. It will not fix the problem; it will make matters worse.

    We called you to action last week to alert you to an underhanded political strategy from immigration restrictionists to attach three enforcement-only bills to the DHS appropriations bill, a bill that must pass this year. You and your colleagues sent close to 2,000 letters to Congress, but we'll need more letters and phone calls in order to ensure that Senate Appropriators exclude these measures from the bill.

    Leaders of the U.S. House of Representatives are working behind closed doors and using procedural mechanisms to attach enforcement-only provisions contained in three bills (H.R. 6094, H.R. 6095, and H.R. 4830) to the Department of Homeland Security appropriations bill, a piece of legislation that must pass this year. Although House leaders label these bills "border security" legislation, they are in fact harsh enforcement measures lifted from Rep. Sensenbrenner's H.R. 4437 that endanger due process rights and do little to make our borders more secure. You can find general information about the three bills below and a section-by-section analysis of each one on InfoNet.

    If these provisions are attached to the must-pass DHS bill, it will be nearly impossible to defeat them. Our best defense against this backdoor strategy is to put pressure on each U.S. Senator and encourage them to oppose any attempt to attach, or further these three enforcement-only bills. We're working hard in Washington to derail these political machinations, but we can't do it alone. We need your help. Please email or call both of your Senators today.

    Over the summer House leadership used dozens of faux hearings to stage public displays of aversion to immigration reform. While they kept the media busy and their restrictionist base roiled, they failed to change the minds of the majority of Americans who support a comprehensive solution to our broken immigration system. Nor did they succeed in backing down the U.S. Senators who supported S. 2611, a strong step towards comprehensive immigration reform. Now that House leaders know that the full Senate won't pass their enforcement-only agenda, they have resorted to closed-door politicking. We must fight to prevent the breach of justice that would result from attaching these enforcement-only bills to must-pass legislation.

    Please call and email your Senators today. Now is the time for action.

    Sincerely,

    Marshall


    Marshall Fitz
    Director of Advocacy, AILA
    Email Marshall



    The enforcement-only provisions are:

    � Sections 101 and 102 of the Dangerous Alien Detention Act contained in H.R. 6094, which seek to legitimize the practice of indefinite detention of aliens awaiting removal, despite Supreme Court decisions requiring elimination of this practice;

    � Section 201 of the Criminal Alien Removal Act contained in H.R. 6094, which would expand the use of expedited removal proceedings to individuals already in the United States - even individuals who have resided here for years - in ways that would significantly increase the risk of deporting innocent people;

    � Sections 301-303 of the Alien Gang Removal Act contained in H.R. 6094, which would grant unfettered discretion to the executive branch to designate "criminal street gangs" and then strip members of such gangs of virtually all rights;

    � Section 101 of H.R. 6095, which gives state and local police authority to investigate, arrest, and detain noncitizens for civil violations of immigration status;

    � Sections 301 and 302 of the Ending Catch and Release Act contained in H.R. 6095, which would limit the power of federal courts to grant injunctive relief in civil immigration proceedings, despite acknowledgement by DOJ that such relief does not interfere with efforts to end the practice of catch-and-release.





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  • guyfromsg
    07-26 08:24 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz

    Please see the update in Oh law's site

    Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?



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  • DDLMODES
    07-10 10:00 AM
    I'm not from India, can I come ???

    :confused:





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  • ca_immigrant
    05-10 11:49 AM
    applies to me too, as I came in this thread to read this post :D

    so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!

    BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)

    (transalation, hawaldar means police, I am requesting the cop to so something aobut it)





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  • realizeit
    08-01 03:32 PM
    HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ

    Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&


    Press Release of Senator Menendez
    SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES

    E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening

    Friday, August 1, 2008



    WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.

    Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.

    �Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�

    Summary of The Visa Efficiency and E-Verify Extension Act of 2008:

    Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.

    Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.

    Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.

    Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.

    Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.

    Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.





    crazyghoda
    06-15 02:34 PM
    If your husband is working for one of the infamous desi outfits where bench means no salary, then I'd suggest that you avoid travelling since you may be asked to produce a paystub on return.

    OTOH, if your husband is working for a legitimate consulting company that pays him even when he is not billable to a client, then you have nothing to fear about.





    aksaharan
    09-08 07:30 PM
    Welcome aboard.. and please vote poll @ http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-gather-here-14.html



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