Saturday, June 11, 2011

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  • a_yaja
    01-07 04:07 PM
    Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.





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  • reddymjm
    03-09 03:04 PM
    Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    should be:

    Priority date is defined in two ways -

    a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.

    or

    b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.


    You are right





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  • sammyb
    11-15 09:53 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. let us scream so high that even deaf may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?


    unless we join hands together and come forward nothing will change ...

    because of personal reason I was not able to devote much time to IV recently ... will be involved more now onwards ...





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  • kumar1
    10-06 11:52 AM
    I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
    After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
    My 2 cents.



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  • vivache
    09-19 01:46 AM
    "They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."

    What does being a member mean?
    does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.

    Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)

    "Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
    Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).





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  • Munna Bhai
    07-12 07:51 AM
    Hello,

    Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.

    Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.

    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?

    b)What are the other backup plans we can have.

    thanks for your time.

    -M



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  • tonyHK12
    02-19 01:19 PM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.

    Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.

    @Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.





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  • GCWarrior
    04-16 02:57 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks



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  • redds777
    09-20 08:47 PM
    Hi

    I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
    if possible delay H1B filing from employer C if you can
    I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .

    Hope this helps

    Redds

    Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.





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  • fromnaija
    11-17 11:51 AM
    Hmmm...

    In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.

    That is just my humble opinion.

    Regards,

    Tito

    You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.



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  • imh1b
    06-01 01:04 PM
    The idea is good, but who will work on it and why? Where are all the people who want it? Most people already have EADs.





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  • nixstor
    03-05 03:19 PM
    I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.

    Fine by me if they do offer some SLA. That's always been missing. Thats what I exactly pointed out in my comment. If they were to return my money back if they do not meet their SLA, no one will have issues. or just have PP for almost everything and give equal importance to people who either value time or money.



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  • neelu
    07-09 12:33 PM
    I dont think the exam results "expire". My guess is that they misplaced your wife's results/paperwork or something like that.

    Another explanation is that they wanted confirmation of your wife's results.

    These days Medical RFEs are very common. No one really knows why they ask these sometimes.

    But get another medical checkup done and send it in, and you should be good.

    Good Luck.


    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?





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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.



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  • manishcp
    12-28 10:05 AM
    I am still waiting.
    EB-3 India, LC: Dec 2003
    I-140, Rec. date: Dec 27, 2006





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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.



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  • lecter
    February 2nd, 2004, 11:49 PM
    I have no direct knowledge, but I amsure there are those that do. I'd be surprised if it doesn't work, but I know in Canons case there are certainlenses that need some sort of "re-chipping". Before you buy I'd certainly take it into the shop and try it out and check the EXIF info that it produces (most likely place it will fail, or omit data)
    Dunno if that helps.

    Rob

    I am looking forward to this camera hitting the streets, another excellent sub $1,000 camera is sure to put the competition on notice. I love competition (unless I am bidding.. hehe)

    Rob





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  • looivy
    11-02 12:59 PM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.





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  • STAmisha
    06-19 04:30 PM
    please post your comments





    b_boy
    10-14 02:43 PM
    Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)

    you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.

    you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.





    cheg
    07-26 01:49 AM
    I think you should read this thread to help you understand what EAD does for you and your spouse.

    http://immigrationvoice.org/forum/sh...ad.php?t=10817

    Now for your second question, if you're I-140 gets rejected then your I-485 will be rejected too. The approved EAD will be discontinued if you switched from H1 to EAD and you will no longer be legal in the US. If you think you're I-485 is not a strong case it's bettter to stay on H1 and not use EAD even if they issue you one. Good luck! Hope I was able to answer your question. :)



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