الأربعاء، 29 يونيو، 2011

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  • Billboard
    10-27 05:00 PM
    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21?

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

    3. Can I work on 1099?

    Thanks in Advance.




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  • prk_stl
    07-01 08:38 PM
    hello GCBoy786,
    Did you send your documents thru Fedex? If so can please post the address? Thanks




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  • newbie2020
    04-29 08:45 PM
    I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)


    Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF




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  • badluck
    07-31 12:58 PM
    nothing yet



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  • vikki76
    04-05 12:02 PM
    me neither though I have donated quite regularly. Well, it is upto Core to decide what to do- I guess. We can keep posting suggestions.




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  • cdeneo
    04-04 03:26 AM
    Status was AOS pending during gap of employment.

    Anyone who has successfully porter their PD and was in a similar situation - please share your experience.

    I would also appreciate if an attorney on this forum could also weigh in on this. Thanks!



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  • ckumar
    09-12 03:24 PM
    Hi,

    My wife is on H4 and willing to apply for H1-B. Her educational qualifications

    1.)High school education(12 yrs)
    2.)BCA(Bachelor of Computer Applications)- 3 yrs
    3.)2.5 yrs of IT experience
    4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).

    Is she eligible to apply for H1-B for next year 2007

    Thanks,
    Kumar




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  • BNB326
    08-20 04:05 PM
    Thanks for your suggestion.

    I am worried whether i will be able to find a job in this tough situation or not. So if that is possible, i would like to start that route too.

    Any other option?

    Thanks,



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  • amitk81
    07-15 11:52 AM
    Hey I got a phone call last evening, my lawyer advised me to cancel the appointment and use my AP and EAD instead.

    She advised to go to India and get my H1B stamped in Dec (which I might end of doing anyways).




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  • beautifulMind
    04-22 02:38 PM
    so what do we do now..How can we get the accurate wage

    http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2


    if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

    O*Net� JobZone: NA



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  • mdy_tvr
    09-26 03:09 PM
    Hi Guys

    I am about to file the 485/EAD/AP based on EB2 PD May 2003.

    My lawyer says that after July 30th 2007, if we are filing EAD & AP along with 485, then we do NOT need to include the fees of EAD and AP. The total fee in such a case is 1010$.(485 + Biometric = 930+80 = 1010$)

    Is this correct that if EAD/AP are applied with 485 after July 30th 2007, then there is no special fee for EAD/AP

    Thanks




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  • prav27
    01-20 01:01 AM
    Hi,
    In DS-156 form there is an item 36 which says "Has anyone ever filed an immigration visa petition on your behalf",
    What should be entered for H4 visa holder whose 485 has been filed.
    And if we have to say "Yes" to this question , then whose name should be mentioned in "If Yes ,Who?", should it be the spouse name or the spouse company name ?


    Thanks



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  • icecolor
    04-14 10:59 PM
    I sent in my application on 6/29 and I am yet to hear from USCIS.




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  • amitk81
    03-17 02:54 PM
    Hi,
    This is really stupid of USCIS to assume that we would stay in the same position for 6-7 years before they can re open the case.

    I don't know the answer to your question, but I would think if you are staying at the same place with the same company shouldn't be an issue as long as you stay in the same department.

    e.g. if you start in IT as an engineer and then during the GC process you change to a managerial role this should be o.k.
    But it you shift from IT to sales with the same salary there would be an issue.

    my 2 cents



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  • gcgc2005
    12-17 10:31 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    "
    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
    "




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  • hebron
    07-07 09:29 AM
    My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.



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  • martinvisalaw
    10-06 05:48 PM
    My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?

    No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.




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  • ushkand
    07-23 10:20 PM
    WOW! they'll accept applications without medical examinations. Wish I had known that before sending my second app. :( Seems like USCIS is more forgiving this time around - you think the flowers had something to do with it?;)

    Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)




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  • loku
    08-16 08:04 PM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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    gc_nebraska
    01-08 02:49 PM
    Pady! My PD similar to yours , I got an RFE in Sep '08 currently my status says " case received and resumed" but no reply so far . do you think i should take an info pass too ?




    H1bslave
    10-19 09:03 AM
    one will get GC awarded if he crosses border illegally and becomes a victim.
    This is insane.

    http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa



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