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  • kaisersose
    06-04 10:30 AM
    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.





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  • garika
    12-30 07:22 PM
    I agree with the monetary clout aspect of the argument and would participate in such an effort. I also feel we have to initiate high visibility events on the lines of the DC event. Two suggestions I would like to float,

    (1) Can state chapter memberships be made paid for with annual memberships. There are efforts to channelize information through the state chapters (and rightly so) - there could be others such benefits that can be made available in due course.

    (2) Can we extend/magnify the entrepreneural theme of IV (beyond a discussion thread) by having a substantial program dedicated to the entrepreneurship aspirations of a good number of IV members - have a business plan competition amongst members, garner support of successful immigrant entrepreneurs as part of the program, have webinars to educate legal aspects and barriers faced (due to our limbo). In essence, make visible the entrepreneural potential locked. Also, it might help transform our image from job takers to job creators. We can partner with other entrepreneural support organizations to fund the program. If we can execute a truly great Business Plan competition and attract venture capital funds we can have certain percentage of venture funding go to IV. If IV members and core think that this suggestion has some merit, I can help evaluate/extend/shape the idea with other like minded individuals.





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  • anilsal
    12-18 05:27 PM
    I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.

    I do not think there is a need to send a copy of passport.





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  • krishnam70
    05-08 11:28 AM
    Now they want to visit client place for the H1b people.

    There are only 415,000 H1-b holders in USA.
    And number of employed labor in USA are 144 million. (as per DOL)

    And we form 0.28% of the workforce in the entire USA.

    Why the hell they are whining about 0.28% ??
    Can anybody tell me if i am wrong with numbers here?

    ---------------------------------------------------------
    05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits

    Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
    ---------------------------------------------------------


    ---------------------------------------------------------
    Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
    Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
    2008: 409,619
    2007: 461,730
    2006: 431,853
    2005: 407,418
    2004: 386,821
    Reach of H-1B Cap in Recent Fiscal Years
    2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
    2009: 1 day
    2008: 2 days
    2007: 56 days
    2006: 132 days
    2005: 184 days
    2004: 323 days
    The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?

    ---------------------------------------------------------

    I know cos it happened at my workplace

    -cheers
    kris



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  • blogger
    06-24 11:27 AM
    Can you share you're thoughts for my post?

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant





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  • GC08
    11-04 10:43 AM
    This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.



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  • gapala
    02-09 09:54 AM
    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.

    You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.

    Your case is slightly different than working for multiple employers while on H1B.

    You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.





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  • panky72
    06-19 03:43 PM
    As far as I know, NO he cannot.

    That's correct. I clarified it with my attorney in past. Primary applicant has to maintain H-1 status to support H-4 for the spouse and he cannot use EAD to work.



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  • sgupta33
    08-28 03:51 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.





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  • desi485
    11-24 05:48 PM
    I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.

    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

    Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...



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  • looivy
    05-20 06:13 PM
    President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)

    IV should have members of congress on our side appeal on our behalf.





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  • waitin_toolong
    10-29 02:13 PM
    H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?

    If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.

    Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.



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  • memyselfandus
    04-09 09:23 AM
    Check this link it should answer, all of your queries.

    http://boards.immigrationportal.com/showthread.php?t=108916





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  • Green Card Aspirant
    03-24 07:23 PM
    I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??

    Thanks in advance



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  • deafTunes123
    07-05 06:16 PM
    Great Idea. I will definitely attend. But would recommend to keep before the Day Light Savings Period end. Just to help for the drivers who needs to drive long distance.





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  • Ann Ruben
    05-27 05:33 PM
    The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.



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  • rajuram
    02-17 01:17 AM
    There are hardly any efforts now to do targetted email & phone campaigns now. This costs no money, and very little time.

    I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.


    BE HEARD - Thursday, January 18, 2007

    http://hammondlawgroup.blogspot.com/

    AILA has suggested two ways that everyone can let their voice be heard.

    1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2

    2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175





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  • GCSOON-Ihope
    10-30 03:55 PM
    Same aberration here!

    My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
    Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
    Anyone has any idea of what this means or is it just another "glitch" of their crazy software?





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  • sparky_jones
    05-07 08:28 PM
    My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
    The move was parallel in job function and the pay was good.

    They replied to the RFE and then never heard back. In these economic times, USCIS
    is scrutinizing every doc that gets filed.

    Just an experience....

    What did they ask for in the RFE?





    maverick_iv
    05-02 11:24 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..





    simple1
    10-07 03:36 PM
    Enlighten us about your mutiple company stint in L1B visa.

    My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india

    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.