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  • CaliHoneB
    06-05 03:53 PM
    Hi,
    I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
    I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to go..so this should be handled seperately. I am willing to contribute, send faxes and call the senators.

    Cheers




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  • a_yaja
    06-07 03:54 PM
    Heard on CNN ...

    Looks like the Vote to Limit the number of Debates (On Amendments) on CIR has failed.
    The reporter stated that If the bill fails it will fail by Sundown today
    before the eggs hatch
    We need to wait for sundown. Looks like some backroom manuvering is going on.




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  • Dhundhun
    05-28 02:29 AM
    New EAD starts after expiry of previous one.




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  • GC4ALL
    09-25 09:00 AM
    Thank you "boreal" for the answer.

    Another question.
    If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
    Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?

    Do any one has answer for this? Please respond



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  • josecuervo
    08-12 10:21 PM
    To celebrate the success :D

    Success of ???




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  • copsmart
    02-15 01:07 PM
    Come on, Man�

    Why are you so worried before even knowing whether your company is a TARP receiver or not?

    BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.

    Relax!!!

    Hi rvr_jcop

    Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.



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  • pbojja
    08-15 01:18 PM
    USCIS does not know what they are doing and what the process is ..I m surprised they give information to your lawyer ...




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  • istrategist
    01-26 04:07 AM
    EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

    Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

    What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

    Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.



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  • mhtanim
    03-18 12:13 AM
    Hi lavanyamohan and mhtahim,
    Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
    Frankly speaking I do not have any personal relations with the company.
    I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.

    All the best

    Appreciate your feedback. Thank you.




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  • obelix
    12-22 03:44 PM
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks



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  • raysaikat
    11-14 10:57 PM
    i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
    Can anyone confirm this?

    best,
    -andy

    It is the other way.

    If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.

    If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.




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  • paskal
    12-05 04:12 PM
    Thanks but I'm not moving in that area.

    he's moving exactly where we need him :-)
    good desicion!

    we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!



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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.




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  • axp817
    05-15 08:27 PM
    The way things are looking right now, you will probably get US citizenship before Eb2 Feb'06 becomes current.



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  • anilvt
    08-10 05:15 PM
    count me too




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  • aranya
    07-03 06:27 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?

    YES



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  • ayaskant
    01-31 11:08 PM
    Hi,
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated
    ak




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  • edd
    02-05 05:36 PM
    Hi,
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one




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  • howzatt
    07-18 10:56 AM
    Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
    Can you pls help 'convince' people to contribute...

    one suggestion, make it a paid site. Even a minimum of 5$ a month would add quite a bit to the revenues. Even if we assume only 5000 people will sign up, it is still a decent chunk of money. I am not sure if this goes against the principles of a non-profit organisation. The way I look at it, people are saving a lot of money by avoiding lawyers fees.

    Plus we have people who are willing to donate. How many of these 20,000 people you think are people who people who understand BEC and the long term effect of the surge of applications. It is important to make people understand the effects and the potential problems with retrogression. Let us take a poll for people to see how many of us are just happy to get EAD/AP. We might find some surprising answers!




    sunnymit
    08-10 04:32 PM
    A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?

    Thanks,

    Dinesh

    I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one




    bobzibub
    12-15 06:02 PM
    Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...

    AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
    I've asked the ombudsman on this issue. Never got a response.

    IMHO:
    I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?



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