Chủ Nhật, 12 tháng 6, 2011

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  • optimist578
    12-28 09:51 AM
    To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
    I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.

    Thank You.

    All the gurus on this forum,
    I have this questions and I have feeling some of you are considering doijng this;;;;

    My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
    As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
    IF my employer gives me Pesonal Leave of Abscene for one year....without pay
    can I take off for studies without impacting the GCprocess?

    Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..

    I would love to connect to anyone who is similar situation......

    PLEASE respond
    :(




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  • logiclife
    04-06 01:28 AM
    As of 10:25 PM PST wednesday, here is where the Senate stands:

    1. Bill Frist has proposed a 3-tier solution for 11 million undocumented immigrants.

    Tier 1:
    Illegals who have been here 5+ years can apply for guestworker program and GC(later) without returning home. Plus the usual - fines, back-taxes, english learning, apologizing to Uncle Sam (ok, I made the last one up ;))

    Tier 2:
    Illegals who have been here between 2-5 years have to go to port-of-entry to get guest-worker visa and then re-enter and eventually apply for GC.

    Tier 3:
    Illegals who have been here for less than 2 years have to go back to home country and apply for guest-worker visa (Back to the end of the line). In other words, deportation.

    Bill Frist worked this compromise arrangement for the undocumented. Main players behind the scenes are supposed to be Chuck Hagel, Mel Martinez, John McCain and Lindsey Graham on this 3-tier approach of compromise bill.

    2. Parliamentary Procedures:

    Frist:

    Bill Frist went to the Senate floor Wednesday night (around 9:30 PM EST) with a parliamentary motion to send the compromise to the Judiciary Committee for ratification, then scheduled a vote for Friday to cut off debate on that motion.

    Reid

    Harry Reid has filed a motion to invoke cloture, scheduled for 10:30 AM EST on Thursday. If the cloture succeeds then the debate on SJC version of the bill will be over and a final vote will follow. The SJC bill goes pretty much as-is to a final vote where a simple majority(51 votes) will be enough for it to pass the Senate.

    3. The analysis:

    The whole thing started when Kyl proposed an amendment to exclude illegals who had felonies to gaining permenant residency or citizenship. That would exclude hundred of thousands who had deportation orders pending or who had been deported by again re-entered.

    Democrats, afraid that the original intent of SJC version - mainly to bring people out of shadows will fail if republicans keep chipping away at the provisions with amendments like Kyl's amendment.

    So Reid, in a high-risk game, filed a motion for cloture. He probably has 38-40 Democrats on his side plus around 18 republicans. However, nothing is guaranteed. Most of media articles say that his motion will fail. In a rare chance that he succeeds, he will have the "Bargaining power" because of 60 senators' support for him and the SJC version and he will have a lot of fun at the expense of Kyl/Cronyn/Sessions etc. This is highly unusual. Cloture is usually filed by the majority party that wants the minority to shut up and force an up-or-down vote. In this case, THE MINORITY leader has filed a motion for cloture. A total reversal of roles.

    4. Our Interest

    First of all, from view-point of immigration voice, we would ideally want Reid's cloture to fail, Bill Frists' latest compromise to get ratified in SJC, come back to floor for debates and amendments and succeed on Friday. Dems and Republicans "Kiss and make-up" and everyone gets something. Here's why: If the motion of Reid succeeds, the scope of getting it changed for 485 filing and removing hard-cap gets smaller as SJC version will be popular with 60-plus senators and Reid would be unwilling to play with delicate balance. On the other side, if Dems fail, then Frist's bill would be open for debates and amendments, making it possible to get provisions to make OUR lives better.

    However, on the flip side, if Reid fails then whatever Frist brings to table will have almost no support of Dems. Then he too risks getting filibustered when HE files for cloture on his 3-tier version. He wont have 60 votes of his own to beat fillibuster because Dems would oppose him for being tough on illegals and Republicans like Cornyn-Kyl-Sessions etc would also oppose him because the 3-tier version would still have traces of Amnesty and its "Loose" on illegals.

    5. What's Happening Wednesday night:

    Harry Reid has promised he will be up all night in his PJs and review Frist's 3-tier solution. Cookes and milk are on the way from IV to him for some midnight reading. But he makes no promises. Cornyn and Kyl are still unhappy as 3-tier bill still smells of amnesty. McCain is angry at Reid and will support his party's stand and oppose Reid's motion for cloture. (edited)
    Harry Reid
    http://www.grassrootspa.com/uploaded_images/HarryRedi44333-734905.jpg

    Bill Frist
    http://skaroff.com/blog/wp-content/photos/images389071_Frist.jpg




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  • lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.




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  • Maverick_2008
    07-20 04:23 AM
    Stayed in the US for a dozen years, got my masters, worked at a Fortune 10 company for several years, finished my 40 social security credits, always thought about coming back home (India), did actually come back to India 1.5+ years ago, left all uncertainties about the US immigration process behind, accepted a good job (big fish, not-so-small pond in my hometown) and accepted India as it is.

    So, for those who have been waiting patiently for their papers and want to settle in the US, all the very best.

    For those, who want to come back to India to their friends and family, India *is* still !ncredible.

    Maverick_08



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  • nk2006
    10-16 03:56 PM
    Hi
    Therefore how much would be the time
    from after the application will I be able to change my status from H1B
    to permanent resident and recieve my greencard? Does the premium
    processing shorten the time?

    Kambi
    Kambi,
    First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.

    I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.

    IV core/pappu,
    You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.




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  • bluez25
    08-26 02:57 PM
    Category EB2
    LC PD: FEB-2006
    LC AD: Mar-2006
    I-140 FD: 23-May-2006
    I-140 RD/ND: 25-May-2006
    I-140 LUD: 29-July-2006
    I-140 RFE : 15 November 2006
    I-140 Responded: 14 December 2006
    I-140 AD: 11 Jan 2007
    DS 230 Received in April 2007
    DS 230 Submitted to NVC in May 2007
    NVC forwarded the case to Chennai on June 5th 2007
    chennai appointment August 11th
    POE August 20th
    Completed and waiting for the GC card to be mailed.



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  • InTheMoment
    06-16 04:50 PM
    I guess the initial question my miguy still remains unanswered.

    His question was about the validity period of the card and the start date of that validity period that is printed on that card and not the date when you activate the EAD status.

    any answers there ?




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  • eb3_nepa
    01-14 11:34 AM
    Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.



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  • tikka
    08-09 08:18 AM
    U definitely and and will :)

    /\/\/\/




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  • Rb_newsletter
    04-15 05:20 PM
    The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!

    Does anyone know which law states that GC should not be approved when PD is not current? I guess the whole 'PD' concept was invented by administration people.



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  • spicy_guy
    03-31 06:18 PM
    congrats! Enjoy your Freedom with Green :-)
    A LONG way to go for us. Maybe a decade. For EB3




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  • apb
    08-17 03:25 PM
    My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)

    Please let me know his options!

    1) Do they reject his applications in TSC?.
    2) If he file another set in Nebraska Service Center is ok?

    ?

    EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
    If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
    But you can always apply again though with new fees.

    Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.

    In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.

    If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.

    Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.

    I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.

    There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.

    And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
    Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.



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  • EndlessWait
    01-10 04:45 PM
    So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.

    The two processes Name check & FP are parallel, not sequential.

    I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)

    USCIS works in strange ways...i may be using logic that's beyond their IQ :)

    Take it easy...

    just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '

    thanks




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  • deepakjain
    11-16 06:40 PM
    As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.



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  • rabs
    04-12 06:30 AM
    I paper filed Last week and I wrote the receipt date of previous EAD.




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  • akhilmahajan
    04-11 03:05 PM
    We are working on fixing the bugs and will be trying our best to get them fixed as soon as we can.
    So, please keep on letting us know about the bugs.

    Patience and support is really appreciated.

    GO IV GO.



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  • nozerd
    09-06 01:42 PM
    Can H1 visa stamp be used for travel convenience ?

    I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.

    I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?

    Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?




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  • natrajs
    07-11 06:12 PM
    FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available

    You are correct, Folks who hasn't got the FP done, and their dates are current ( AUG 08 VB), Get a Infopass. It doesn't hurt you, but it may help your case




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  • tabletpc
    12-16 10:22 AM
    Don't Panic but retaliate.


    Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.




    ashkam
    12-02 08:27 AM
    hi ashkam,

    what is the best way to get Transit VISA?

    i have only 2 hours between connecting flights. need to get it here in US?

    thx

    I'm not sure if you require a transit visa if you're traveling from the US to India and if you have an Indian passport. But you need to double check. If you're traveling from India to the US, you can get it in 5 business days. You have to submit your application in any one of the vfs (http://www.vfs-uk-in.com/) offices in India. You could probably get it from the US too, I guess but I am not sure how you would go about doing it.




    piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.



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