Monday, June 13, 2011

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  • gcsucks
    07-01 09:27 AM
    After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
    h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
    The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)

    Any help is appreciated





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  • little_willy
    02-23 11:25 AM
    If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.





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  • Geni
    05-30 09:43 PM
    Democrats have majority in the house and that is what Nacy will look for. She will see what is the out come of the HOUSE before really making some thing in the SENATE



    They'll probably start with what Senate passes. and make some minor amendments.

    If it passes the house, conference will be piece of cake.

    Our best hope is:

    1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

    2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

    I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.





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  • ak_manu
    10-19 08:20 PM
    Thx for response.

    I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?



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  • shishya
    04-30 11:13 AM
    Hi,
    I am lost trying to find information on this.

    Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

    However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

    When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

    Questions:
    (i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
    (ii) If yes, did someone else face a similar issue?
    (iii) If yes, is there a USCIS document I could send to satisfy their demand?

    I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

    Please advise :(

    PS: FYI, they went to the Palghar court in Maharashtra, India.





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  • hopefulgc
    11-09 09:05 PM
    The first & the biggest thing that stops us from accomplishing anything is if we think it is possible.

    Would you have been here if you thought that you could never pursue your dreams in America?

    I love the jokes on this thread... but we are missing the point.

    Also, I think we should invite Munnabhai too ... he would totally be able to connect with Michelle O.



    Good one, but no Mr. Hopeful, thats not going to be that easy.

    Its quite possible you cannot meet any of them that easily in next few weeks or months. But we can keep writing to many, papers, etc.. Write even Bill Clinton who strong supports the government and others too. and in change.gov-->Agenda-->Immigration to write to BArrack.



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  • desi3933
    07-08 11:08 AM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes

    While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.

    This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.

    .





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  • rameshvaid
    10-16 09:47 PM
    Do the right thing. Don't try to find a loophole.

    It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.

    Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.

    Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..

    Good Luck..

    RV



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  • Berkeleybee
    03-28 11:09 AM
    Prolegalimmi,

    It is absolutely fine to write to editors etc. but if you are planning a sustained campaign, it is best to coordinate with the media team lead by Sunil. It is always good to convey the same message from all our outlets.

    Also, I urge everyone writing and calling media to keep it civil, DO NOT DENIGRATE other groups, just focus on our issues, and stay polite.

    best,
    Berkeleybee





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  • sdeshpan
    07-22 02:53 PM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.


    Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?

    Thanks!



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  • gc4me
    04-07 03:58 PM
    I was in the same situation. Got my I-140 through FOIA, my I-824 got rejected (applied both whichever comes first). Check the bellow thread that I created and posted my experience.

    http://immigrationvoice.org/forum/showthread.php?t=16863&highlight=FOIA

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?

    Thanks





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  • ufo2002
    05-31 11:11 AM
    Asian,
    I know what you mean... there is nothing to stop us from doing something else totally different from our job description once we become permanent residents.
    That's just how the immigration law works... and I think it applies to all nations in the world. You can't say that you want to work as a carpenter when you filed your GC as an IT skilled worker (as an example). Like as previously mentioned, it would make the LCA stage pretty obsolete.
    But I think it would be GREAT if we were all allowed to freely change employers (within the same industry of work) without being shackled by employer sponsorship. I am sure that would please everybody, except for the bosses of course.



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  • salthepal
    10-29 04:53 PM
    No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.

    I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?





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  • vivid_bharti
    06-19 04:42 PM
    You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.

    ...why all the hypocrisy, what for??



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  • alterego
    03-20 07:32 PM
    Online updates are sometimes late. There are cases of people getting their green cards last year in the visa bulletin fiasco with no online updates. You should not rely on that. Your friend needs to get your attorney to act on this ASAP and sort it out. After all if you don't know why it was rejected you have no chance to rectify it.





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  • diptam
    06-04 01:04 PM
    Hey,
    Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.

    Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:

    Hello diptam,
    I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
    Thanks



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  • need_EAD
    05-24 11:42 PM
    sent





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  • kerstbrd
    03-19 03:03 PM
    maybe they denied the I-140 without updating the website.





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  • bank_king2003
    09-17 01:30 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks

    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!





    lazycis
    02-28 08:31 AM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.





    neoneo
    07-16 08:36 PM
    I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.

    In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
    If you don't plan to file as a dependent then you have to file two independent apps.

    Don't get confused with dependent and spouse, these are two very different terms.

    You would add a dependent before your I-485 approval depending upon whose PD is current.

    PS: As usual all the disclaimer regarding of me not being an attorney applies. :D



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