Thursday, June 9, 2011

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  • I_need_GC
    10-15 09:56 AM
    Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.


    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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  • Libra
    01-11 12:44 PM
    insbaby, please send letters to President and IV, it may help us. It will take only 5 mins to sign a letter and mail it. please show your support for IV.

    True. Its just a dream. You work on something for 20 years and get a GC at 45. What are you getting after that. Just continue your dream for another 20 to 30 years and call it a day.

    If you get it by 25, you have some years to go hit something for your life.

    I stopped worrying on GC and started living on tasks that help my family. I have a job now. If lost, I will go for another job and another and another in India/Europe/Australia/so and so. But surely not going to die or go to hospital for depression.





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  • zeal2005
    02-28 05:07 PM
    I work in Health Insurance domain so if you need help in understanding the technical terms, may be I can help.

    Kaiser Permanente mght be a good option if you are buying at individual level. I am not sure if they provide services in TN but if they do, then I would go for it. It is a HMO plan but KP hospitals provide reasonably good services at reasonable price in California.





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  • srikondoji
    07-26 02:47 PM
    pappu,

    Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.

    Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007



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  • immigrant2007
    03-01 08:25 PM
    Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.

    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.


    MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)

    Quikc question
    Want to understand how your files 485 in June2008 for EB3? Was it for India or some oter country?





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  • dreamworld
    11-09 02:58 PM
    If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.



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  • meridiani.planum
    06-04 12:44 PM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

    though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
    Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).





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  • Refugee_New
    08-02 12:23 PM
    My PD is Feb 2002, EB2 and 485 ND: 06/15/2007

    I renewed my EAD last month believing that it may trigger GC approval.
    Today i received my EAD renewal for 2 years. Expiry date is July 25, 2010

    Having oldest PD and receiving 2 yrs EAD, is it a good sign or bad? Please let me know.

    Thanks



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  • Ann Ruben
    04-20 05:44 PM
    Yes to both questions. You should also submit the fee rec't for the cos.





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  • jskumar
    09-05 10:33 AM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance

    It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.



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  • satyachowdary
    06-01 12:10 PM
    My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.

    In the subject line, put : I-485 Multiple I-140s

    Body of the email :

    Dear Sir/Madam
    I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
    Please contact me if you need any other information.

    My case receipt numbers:
    EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
    EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
    I-485: Receipt# SRCXXXXXXXXXX

    Primary details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Spouse Details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Thanking you

    Sincerely,
    Name
    Address
    Ph No :
    Email :





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  • db_greencard
    08-21 11:09 AM
    I saw someone post today with July 19th getting checks encashed.



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  • theconfused
    04-02 06:39 AM
    1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.

    2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.

    3) Don't lie on visa application i.e. Form DS-160.

    4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.

    5) Case Status Report on the embassy website may or may not hold the updated information.

    6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.





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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.



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  • yogeshmanohar
    09-14 11:56 PM
    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.





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  • paskal
    08-23 01:54 PM
    this is just the kind of thing we want to fight! terrible situation...
    please help iv's efforts to end retrogression for all.
    please all come to the rally, volunteer, contribute and spread the word!



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  • h1extn
    08-07 11:24 PM
    Hi All
    If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help





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  • svgupta
    05-24 01:16 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne

    Kudos!... go ahead and update your signature.... and inspire others as well!





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  • wandmaker
    11-27 07:17 PM
    how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?

    If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.





    eb3_nepa
    02-03 01:07 PM
    The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.

    It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.





    sathishav
    02-21 02:11 PM
    The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.



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