суббота, 11 июня 2011 г.

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  • new2H1&GC
    11-08 12:39 PM
    Hi all,
    This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.

    The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(

    The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.

    Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:

    In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.

    Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:

    I would much rather be safe than sorry.

    Thank you all for ur replies...




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  • burnt
    03-08 10:37 PM
    Same for me... I went to India...I followed the process while boarding and gave the passport to Airlines guy. But Somehow noticed after boarding the plane that he had not stamped my passport. So that I-94 came back with me when I reentered USA, But I did not say anything to the Immigration Officer at the POE, and got a new I-94. Will this effect my I-485?




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  • javadeveloper
    05-27 04:54 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.

    What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!

    Our discussion should be like this

    a)I-140+Interfile together

    Pros:
    1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
    ..

    Cons:
    1.If I-140 gets denied I-485 gets denied
    ..


    b)Interfile after I-140 approval

    Pros:
    1.No harm to I-485 If 140 gets denied
    ..

    Cons:
    1.takes more time to get GC
    ...

    Add more pros and cons to each scenario...




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  • izolo
    06-07 06:10 AM
    more questions:

    1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
    2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
    3- Do I have to go back to my home country if it is approved to get the new I-94?
    6- Does anybody know where should I ask for duplication as I dont have the originals?
    7- can I apply for GC instead of extension with the same employer? will this help?

    I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?



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  • kris04
    08-07 08:56 PM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.

    how big is your employer, any decent HR software should have compliance system that can handle this legal status issue




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  • Hermione
    09-25 12:56 PM
    this is a good find! they need to have 3 year extensions on EAD

    I think they do it for other immigrant categories, like refegees.



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  • addsf345
    11-19 01:29 PM
    The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.

    Then why do these people keep updating monthly processing dates if they cannot stick to their words.

    I believe the processing times are just a gimmick to show progress to press....:mad:

    Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.




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  • GC_quest
    05-25 06:32 PM
    Some of the salient points concerning legal immigrants in the CIR bill in its current form:

    1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
    Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants

    2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
    Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.

    3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
    Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants

    4. File I 485 even if priority date is not current.
    Comments: Provides relief where spouses can't work and can start using AC21 provisions.

    Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.

    And finally congratulations to all volunteers and contributors to IV for a job well done!



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  • innervoice
    08-20 09:03 PM
    Include me
    EB2 - I
    I-140 Approved
    PD: Oct 2005
    RD: 2 JUL 2007
    ND: 8 Sep 2007




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  • Libra
    08-22 08:05 PM
    dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.



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  • sanju_dba
    02-28 04:56 PM
    Usually , Individual insurance will not cover pregnancy!
    with Humana, you need to buy it as an extra option ( rider) .

    check if you can save in long run with HSA accounts.




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  • snathan
    05-23 06:14 PM
    Hi,

    Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.

    I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.

    ================================================== =====================================


    Gordon S. Heddell
    Inspector General
    United States Department of Labor
    Office of Inspector General
    200 Constitution Avenue, NW
    Room S-5502
    Washington, DC 20210



    RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office

    Dear Sir:

    We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.

    It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.

    We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.


    We look forward to your reply.

    With regards,

    [for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]

    ================================================== ======================================
    For Admin:

    Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.


    Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support



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  • randip2k10
    07-15 04:30 PM
    Hi urpal,

    I am in the same boat and would be travelling later this year on AP. In case you are travelling earlier than December, please do share your experienceS at the Port of Entry. In my case i would be travelling thru Dulles airport




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  • Aah_GC
    06-14 12:29 AM
    Hi Guys,

    For those who applied for EAD using eFile, please post information on supporting documents you sent.

    Any other info on post-eFile of EAD is welcome.

    Thanks.

    Edit:

    Prepared the following documents today along with a cover letter -

    Copy of the Confirmation Receipt notice
    Copy of Current EAD (Front & Back)
    Copy of I-485 receipt
    Copies of I485 Case Transfer notices if any
    Copy of Cut out mailer of previous EAD Approval.
    Copy of I-94
    Copy of Passport (which has Bio-graphic data)
    Copy of Drivers License


    Important: YOU DONT HAVE TO SEND PICTURES


    I intend to send mine and my spouse's documents seperately.

    Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).



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  • new2H1&GC
    11-08 12:39 PM
    Hi all,
    This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.

    The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(

    The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.

    Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:

    In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.

    Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:

    I would much rather be safe than sorry.

    Thank you all for ur replies...




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  • dan19
    08-28 03:16 PM
    My lawyer is arguing that a MS degree in CS would be sufficient evenif I don't have a BS CS degree.

    I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.


    Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.



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  • brugen
    08-19 03:47 PM
    Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!




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  • dealsnet
    04-06 10:59 AM
    By theoritical no problem, if you have credits equal to US bachelors and masters degrees.
    But in practical, USCIS now denying I-140 for 3 year degree holders, even the job requires masters. Try EB3 also. (Good luck).

    My perm was approved a couple of weeks back and we are going to file the 140 pretty soon. In the mean while I had a question regarding the educational equivalency issue I see during this stage. The perm is for EB-2 which requires a Masters Degree( Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this. Do we have to submit the Bachelors degree information even though the requirement is for a Masters?

    Thanks for any input.




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  • prasad_2007
    06-01 09:07 AM
    Liaison International
    (Comprehensive Coverage Plan)

    All insurance or in same boat.




    GCWhru
    03-24 12:22 PM
    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?

    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.




    bkarnik
    01-05 06:22 PM
    That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

    Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.

    My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.



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