Thursday, June 9, 2011

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  • Dhundhun
    06-14 03:07 PM
    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.

    This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737





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  • rongch60
    06-27 12:48 PM
    Replacement EAD means replacing lost EAD, and only 1-year EAD will be issued. Most people apply for EAD renewal, which is OK for 2-year EAD.





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  • pns27
    10-22 10:54 PM
    I have a question:
    As most of the EB folks are in the system Will EB3 ever get a chance to dip in to the ROW pool of visas?

    What I mean is and correct me if I am wrong; In last quarter of every years any remaining visas from ROW will be used by countries like India/China. However the order of preference is Eb1, EB2 and if any visas are left then EB3. If so them till every Eb1 and EB2 in the system are approved EB3 may not get any additional visas other that the regular quota, RIGHT?

    So there is fair chance that all EB1 and EB2 will get cleared soon and EB3 will be stuck for ever.:confused:





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  • GCNirvana007
    08-22 09:39 AM
    Anyone still waiting for approval whose PD is within October 2003 EB2?

    Well no one yet, thats a good sign



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  • jediknight
    04-06 08:34 AM
    I was worried about the Immigration status with the FHA loan processing. Glad it's not an issue.

    Still debating whether to refinance via FHA or wait for a few months till the house prices are better and do a conventional loan. The FHA MIs are quite steep in my case ($20K upfront + $350 per month)

    - JK





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  • harivenkat
    05-05 02:23 PM
    You can own the company while being on H1b, You will need to partner with a CPA and get immigration attorney involved.

    Check this :

    MurthyDotCom : Start-Up Companies (http://www.murthy.com/startup.html)
    I am on H1B, Can i register company and employ an american citizen as the CEO and run a resturant... - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5374040662&m=1761062081)



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  • jonty_11
    02-05 11:59 AM
    I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
    Can I ask my old company to file for I140 so that I may use the Old PD.

    How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.

    Any clues would help.





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  • McLuvin
    03-04 05:31 PM
    Sorry!!! Handle?? Short Name??? I did not get it



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  • Green.Tech
    08-03 05:18 PM
    Not advisable for the same company unless the new job duties are changed significantly.:cool:

    Yes, assuming the job duties changed by approx 50% or more.





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  • needhelp!
    11-05 06:27 PM
    ..



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  • uslegals
    08-20 03:39 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!





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  • dil_ip3
    02-25 11:35 AM
    Thanks Kopra for the reply.

    Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.



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  • msyedy
    03-28 11:13 AM
    You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.

    If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
    As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.

    Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.

    Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.

    Issues have happened with many of my friends.





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  • boom
    08-11 01:21 PM
    Thanks for your prompt reply.

    My I-94 has already expired .So should I put that validity date??

    I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.

    Thanks again



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  • svgupta
    05-24 01:16 PM
    Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

    Thanks,
    theOne

    Kudos!... go ahead and update your signature.... and inspire others as well!





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  • kosikosi
    09-29 02:17 PM
    Can anyone help me.
    My I -485 status on line says my case has be suspended due to the rejection of my finger printing fee.
    Meanwhile i received my finger printing notice eventhough my case was suspended.
    My attorney responded to the billing notice and USCIS wrote (This Letter the uscis sent was dated Sept 17 th .)back to say that the check we sent was an overpayment because we proved to them that the initial check had been cashed.

    The problem is that the status on line still is suspended. I called the TSC and the operator said the case is in their system.
    What can i do to correct these conflicting messages.
    Can anyone suggest what i should do
    kosikosi



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  • whoever
    07-20 02:09 PM
    actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.





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  • spulapa
    12-09 09:28 AM
    Dude,

    Y don't you change the subject to passed in House ???
    Subject line is misleading.





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  • alexmat01
    01-13 04:36 AM
    I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
    Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval

    Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
    I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)

    If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?

    Thanks a ton for your service and pls help me out.
    Regards,
    Alex





    hoggus
    11-30 01:14 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.





    meridiani.planum
    12-11 12:26 PM
    Hi Everyone,

    Here is the scenario:

    Category: EB3-INDIA
    PD: APRIL 2004:
    140: Approved.
    485 filed on July 2nd, 2007 (of course, still pending)
    Changed Employer after invoking AC21 (without sending any documentation to USCIS)

    There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.

    Now, here are my question:

    1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?

    2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?

    3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?

    4) Does the scenario look too risky?

    5) Any one in the same boat?

    Thanks in advance.

    dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

    New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.



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