Friday, June 10, 2011

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  • kaisersose
    04-16 10:00 AM
    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008

    The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.

    If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.





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  • qualified_trash
    06-01 03:39 PM
    bbee,

    thanks for the same!!
    I will do it. Just to let you know, I am also pushing it at my client site (I work for a consulting firm).
    any meetings planned in DC for this weekend?? I will be in the area and would definitely like to stop by and associate the names with faces :-)

    --qualified_trash





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  • subba
    02-11 08:26 PM
    The way I see it....You have an I797 approval till 2010. Once you have that, it does not matter on what basis it was received. The I797 approval does not say "Only valid until I140 has not been withdrawn" etc.





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  • hmehta
    09-24 07:57 PM
    I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!



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  • ivar
    02-17 09:26 PM
    PD: October 2, 2002
    Country: India
    First Labor: EB3 (approved in May 2006)
    First I-140 approved: July 2006
    Second Labor: EB2 (filed in June 2007 and approved in December 07)
    Second I-140: Filed in January 2008 requesting retention of priority date
    I-485: Filed in April 2008
    Second I-140 approved in August 2008 with incorrect priority date
    Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
    USCIS email on February 9.

    Dear Virgina Desi,

    Congratulations, enjoy your card and stay in US. All the best for future.

    I have a small question,

    My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.

    Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?

    Thanks,
    R.





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  • Devils_Advocate
    03-22 02:40 AM
    Rest in Peace



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  • desi3933
    04-06 04:34 PM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    You should consider getting professional advice from attorney who deals in employment and contact laws in your state.

    Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)


    _________________
    Not a legal advice.





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  • chanduv23
    04-26 03:33 PM
    My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen



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  • lazycis
    01-09 08:45 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.





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  • gconmymind
    04-18 04:51 PM
    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.



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  • sanju_dba
    11-11 02:17 PM
    Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.

    6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.





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  • Lasantha
    09-07 12:25 PM
    I still think like_watching_paint_dry 's post is just hilarious! :D



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  • sodh
    02-15 11:39 PM
    This is refreshing for once nobody asked if the person asking question is a paying member.





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  • franklin
    07-16 02:46 PM
    You should probably include area of chargeability as well, to help the experts answer. This can make a huge difference as well.



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  • mita
    09-30 06:13 PM
    FIFO must be based on PD and not on I-485 application receive date, I hope you meant the same.
    there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...





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  • maddipati1
    10-16 07:55 PM
    Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.

    raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
    Even i didn't know about this until i came to US :-)

    in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)



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  • immique
    03-30 12:27 AM
    please update us on when you get your visa and please post your entire experience as it would help others. you should have applied for AP while you are in US. Now that you are outside and do not have AP, the only options I see are you just wait on the visa from US consulate in Canada or alternatively, you can request your passport back telling them that you would like to apply for visa in India as you cannot stay in Canada for an extended period of time.





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  • vallabhu
    08-08 10:15 AM
    When did you file I-140 at TX? RFE could be for documents about ability to pay.


    Feb 8th 2007.





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  • meridiani.planum
    02-22 11:03 AM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.

    If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.

    Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.

    One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)





    chanduv23
    09-17 02:10 PM
    ^^^^^^^^^^^^





    PDOCT05
    10-29 11:00 PM
    ^^^^^^bump^^^^^



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