الخميس، 23 يونيو، 2011

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  • shahrooz
    08-26 10:45 PM
    Thanks for your replies. I'm 99% sure all documents should be OK since I reviewed them maybe 10 times before finally mailing them. About extension, the customer service rep told me it's technically not possible. I'm not sure what she meant by "technically" and she sounded more like an answering machine with a few pre-organized lines and sentences, and she wasn't very helpful. So funny, at one point I asked her :"Excuse me, is this a real person I'm talking to?" and she said :"Yes sir!" with a little tingle in her voice. :D

    I'm going to try customer service once again tomorrow & see what happens. Maybe I get lucky and talk to someone a bit less similar to a Humanoid!

    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough. Meanwhile, I'll prepare the work experience letter and hope for the best, although whatever has happened to me in this country, has been kinda ... well, the worst.




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  • Adam
    08-20 01:59 PM
    I think it looks good :D




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  • ramus
    06-19 08:18 PM
    Best way to do is to get it from AAA. If you are AAA member then you will 8 photos free and you can add your spouse for very minimum.

    I got 16 photos for $14. They know exact specs of photos that we need.




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  • smartboy75
    10-17 04:06 PM
    Let me add one more wrinkle:

    Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
    Please research the forumn for answer to your question...has been discussed a lot of times before...

    To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...



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  • LostInGCProcess
    01-16 12:45 PM
    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.

    Agreed.




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  • ajju
    09-08 12:26 PM
    Dear All:

    Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

    Thanks in advance.

    Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??



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  • Sachin_Stock
    02-02 07:06 PM
    Content removed.




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  • sundarpn
    06-29 01:39 AM
    For folks who are past the 180 day period:-

    what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:

    Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).

    Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).

    (PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).



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  • gk_2000
    04-28 04:13 PM
    Where is my GC?

    Woh mai ka lal is dharti par janam nahi liya hei dost!




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  • gonecrazyonh4
    03-21 11:03 AM
    I was not able to log into the link, it directs public to immigration lawyer..



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  • rjgleason
    July 18th, 2004, 07:15 PM
    Very interesting flower, great colors and shapes. I don't have a suggestion for the DOF problem, but I think this is a case where the flower is so unique I'm not thinking of the technicalities very much. I like the second picture, but it'd be great to pair it with an "overview" shot to understand how the whole flower/plant looks.

    Don't apologize for your nice flower pictures - in that case I know one or two that would have to do the same for birds, or baseball, or semi-nudes, or [insert favourite subject here]... :p
    Anders, I'll try and minimize my baseball shots, but I don't really know any semi-nudes, locally, anyway!




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  • div_bell_2003
    01-12 06:41 PM
    Approximately the same. My lawyer filed paper based for me and I e-filed for my wife around the same time , they came within 1 weeks of each other ( don't remember which came first ) , the only thing is , for e-filed EADs, you have to go to the nearest USCIS office for a biometrics , while paper based EADs have the pictures with the application.



    thank you "div_bell_2003". e-file and paper renewal, does it take the same
    processing time?



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  • san3297
    03-24 08:53 AM
    I too heard the same it has a passive investment similar to stocks.Just wanted to know if anyone is operating and owner of website.Thanks for ur replies.




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  • gc_chahiye
    10-17 03:32 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com

    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer



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  • nogc_noproblem
    07-18 11:10 PM
    I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

    After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

    I have EAD and AP but wondering why I can not transfer H1B?

    I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)




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  • kiran_k02
    01-17 02:45 AM
    Kiran,

    My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.

    Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?

    Thanks.

    Luckily I have relatives living in Tuglak Rd, I stayed with them. It was 10 mins ride from there to Embassy. I have stayed in Claridges(5 star) before(my prior trip), it is very close to where I was staying. It should be a short commute to Embassy from there.

    Regarding the calendar you can check it yourself without entering much of your personal details. Please visit Consulate's Website (https://www.vfs-usa.co.in/Frame.aspx?param=r5aet9OquDCCpqtL7MwZsxSnGx5+wcDKT YTSdW+egKbzRA9SqkEULWVk18pE8XpX)



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  • Nikith77
    12-17 11:13 AM
    Dude wakeup, this is a old story. please read all the post before you create a new one.




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  • HRPRO
    05-04 01:26 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks

    You can switch back to a H-1 and have an EAD in parallel. In fact it is a safer bet and gives you the flexibility to travel easily. I would not recommend you use the EAD unless you have to and stay on H as long as possible. But irrespective of whether you use your EAD or not, do not let it expire and dont forget to renew it. Just keep your options open.

    HRP




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  • garybanz
    01-08 10:14 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    My contract with my desi consultant basically says

    "Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.

    In particular, I will not:

    (i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or

    (ii) Divert or attempt to divert business away from Employer;"



    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?




    KabAyegaMeraGc
    10-22 01:07 PM
    Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...




    omved
    05-06 02:47 PM
    Does replying to RFE along with all required documents means GC is coming soon ??

    Augustus..did you get GC yet ?

    Thanks



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