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  • rimzhim
    06-01 01:38 PM
    "Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
    Are you sure of this? I, of course, hope you are right. It would be great!





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  • waitin_toolong
    07-30 03:41 PM
    some 15-25 yrs back this used to be possible. I know of someone whos mom was air-hostess, and delivered the baby here and all of the family members got GC based on that baby.

    But they closed this loophole sometime back.





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  • desi3933
    07-20 04:29 PM
    My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
    As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.

    about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.

    You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.

    >> If you don't have a valid H1 and no EAD, you are out of status

    Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.

    _____________________
    Not a legal advice.





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  • gclocker
    01-07 11:12 AM
    Hi All,

    I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.

    Labor PD: 19 Nov 2003.
    Labor Approved: 17 Nov 2005
    140 filed: 5 Dec 2005.
    AD???????



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  • brb2
    08-09 11:14 PM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.





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  • satishku_2000
    02-23 02:05 PM
    Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !


    Is this a new rule by USCIS?



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  • ak27
    03-27 08:59 AM
    I had checked it with our Attorney and it is fine to work on Volunteer basis. However, there are very few oraganizations which will let you work. Working of the books is illegal...





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  • badluck
    06-25 02:47 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?

    send new again. anyways first one is going to come back.



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  • waitingnwaiting
    02-11 11:42 AM
    What are IVs recommendations ??

    It is a Donor only information.





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  • rex
    04-25 11:00 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex



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  • BMS1
    08-21 12:04 PM
    Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.


    Interview is not mandatory for I485. Only a small percentage gets the interview call.





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  • wandmaker
    02-25 06:15 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCAbecause of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help

    You need to provide more details on bold words from your post. If you really need pointers from IV members.



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  • rkrishna123
    10-17 03:11 PM
    Thanks guys for your advice and time.....





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  • nlssubbu
    10-08 08:12 PM
    i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)

    as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?

    Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.

    To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.

    (PS: I am not a lawyer and please use my advice based on your own discretion)



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  • Beta_mle
    02-20 06:52 PM
    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.

    Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.

    Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?

    Thanks!





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  • vxg
    09-03 01:43 PM
    I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.

    Will add companionship i am at TSC with an EAC receipt no and still waiting wherein i see that they are approving cases with Dec 04 priority while folks with Jul 04 are still waiting. The RD and ND is useless too as i am seeing aprovals for folks who mailed there apps after me one guy posted on IV that he filed I-485 in 2008 with Dec 04 PD and got approval. This seems like last year where they completely ignored 2004 folks and approved 2005 and 2006 cases. I do not have much hope this month either.



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  • snathan
    03-28 12:39 PM
    Hi All,

    I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?

    Wait for ITIN to be processed and once get the ITIN amend your tax filing.





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  • Rb_newsletter
    10-07 04:54 PM
    pls make sure if they coem to your office you should atleast have a copy of your paystubs


    It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?

    Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.





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  • ujjvalkoul
    01-17 05:21 PM
    huh!!! no responses...Am I the only one with this issue????





    sidbee
    11-09 03:50 PM
    Maybe some of us might be aware on the importance of umbilical chord and cord blood. They are life savers as they contain stem cells which can be used to treat hematopoietic and genetic disorders.

    Let me tie this to an important activity that happens in southern part of india (maybe its prevalent too in entire india - not sure though).

    Whenever a baby is born, the umbilical chord is cut and a clip is put up in the baby's navel end with the umbilical chord part extending out. In a matter of few days the external portion will heal and fall off.

    This is then taken to a goldsmith who in turn stuffs this into a small golden (or silver depending upon one's capacity) and seals them air tight (mind this air tight) using fire. this is then tied along with a thread and is generally worn around the hips of babies.

    Maybe our ancestors knew that this part of tissue might help in healing some disorders for the babies. Who knows better than them. Many of us indians would have worn this without much aware of its importance.

    Hope that I have submitted a informative post here.


    What the helll.... How is this post relevant ???
    Is this a joke.





    poorslumdog
    03-28 01:11 PM
    Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.

    What are my chances of getting tbe visa without the original contract?
    I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.

    Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.

    If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.

    If you cannot get the original contract nothing can be done...