Monday, September 26, 2011

Holding Hands Logo

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  • desi3933
    03-09 11:58 AM
    She is a derivative on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?

    Nothing is needed from employee.

    Employer needs to notify USCIS about termination.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • Rune
    May 31st, 2004, 04:07 PM
    I'm sorta reminded of the guy in the Discworld novels who they called "the Duck Man" since he had a duck on his head. He was totally oblivious to its existance, but it was definitively there.

    Or, to quote the DW companion: "The Duck Man knows he has no duck on his head. The duck's views on this are unrecorded. If it wasn't for the duck, he would be viewed as well-spoken and educated and as sane as the next man. Admittedly, the next man is probably Foul Ole Ron." :D

    (There's a new DW novel out this month that I'm about to get my grubby little hands on)





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  • sareesh
    02-15 11:07 AM
    To answer your question yes, you have to mention MS + 0 or BS + 5.

    Thanks,
    SG.





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  • kc_p21
    06-15 09:43 PM
    Hello :

    My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.

    If I don't receive my new EAD card by July 28, 2010, then

    1) Will/Should I stop working?

    2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?

    4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?

    Any response to these questions will be highly appreciated.

    Thanks!



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  • waitnwatch
    12-13 11:01 AM
    and did anybody notice that the ICE is changing its track. They are now charging these folks of stealing ID's instead of the normal illegal charge. Ultimately this is opening up the way for local law-enforcement to charge people not on immigration violations but ID theft. This is pretty innovative and must have some political backing somewhere.





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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    _____________________
    Not a legal advice.
    US citizen of Indian origin



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  • irrational
    10-06 04:37 PM
    I am thinking it might be because my employee is based in Virginia. But I have been working in Texas since 2003. So I have no clue what triggered this transfer.

    -Bipin





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  • spdie
    12-27 03:01 PM
    Hello Helper!

    thank you for reading my thread.

    My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.

    1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
    2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
    3. What are the chances of the change-of-status being approved?
    4. If her student visa gets denied, after how many days does my wife have to leave?

    Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals



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  • shana04
    01-21 09:29 AM
    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l

    Nothing


    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21

    But, once you get your GC you need to join employer A

    Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)

    Good luck





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  • yabayaba
    08-18 09:34 PM
    My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.

    Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.



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  • speddi
    09-12 06:18 PM
    Thank you, guys for the input.

    When I file for my wife's AP, do I need to add my details to part 9 of her application, since I am the one preparing the documents?

    Also, what is the address for Texas Service Center if I want to send it by FedEx or UPS?





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  • nid
    05-19 10:21 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks



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  • WFGC2006
    12-07 06:33 PM
    please note: the final USCIS operating procedures relating to AC21 is stillborn eight years after the law was passed, which means the government can make the interpretation of AC21 loose or tight as it sees fit.

    we can only hope for the best!!!





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  • Robert Kumar
    02-15 10:45 AM
    First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

    I know but when there is a chance, we must make sure. Who told u that always works.
    They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
    Hence I got a doubt.

    Again,
    Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.



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  • cybergold
    04-28 03:26 PM
    http://www.freewebz.com/cybergold/cybergold2.jpg

    There is my Robot, can you change the link Pom?





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  • kramesh_babu
    09-08 10:55 PM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
    But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.

    I hope this helps.



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  • rangaswamy
    02-26 07:17 PM
    She could pursue Masters on H4 visa as well. It has its own merits and disadvantages. Advantages are she would be eligible to in-state tution waiver(Which is significant) and could complete the program at her own pace. Disadvantage is that she would NOT be eligible for any scholorship and can not work while on H4.

    I think F1 has more advantages unless you have 485 filed (in which case i dont know what happens!)

    As an F1 student, you can work on campus, this will ensure an SSN/credit history etc etc.

    Most important, she can accept scholarship and internship offers through the course.

    The path to getting a h1b visa becomes easier as the masters students have a separate quota and also one year OPT.

    I think tution waiver will only apply if she has been independent in the last 365 days which she is not if she is on h4 visa.
    Also, some senior members informed me that you can change from H4 to F1 by applying for I 539, which the school would assist you in doing. In this case i think stamping is not necessary unless you leave the country.

    DISCLAIMER: all of the above information is based on other posts and some articles outside IV.





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  • harsh
    12-30 11:17 AM
    what is interesting is why is EB2 stuck on Jan 2003? At least with EB3 we know that due to 245(i) it was stuck for a long time in April. I still can't figure out EB2 is stuck for such a long time in Jan 03.





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  • sands_14
    04-04 02:01 PM
    I e-filed,got my EAD in 2 months,AP in 5 months
    My wife efiled,got EAD and AP in 5 months.

    We went for FP for sure!


    So it can be a long process even when you efile.
    All you need is luck:)





    gbof
    01-30 11:32 AM
    So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.

    please, see your PM





    rahulpaper
    11-17 07:48 AM
    Your priority date should be prior to cutoff date in visa bulletin to file a 485.

    Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).

    The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.



    I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?



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