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  • ameerka_dream
    04-15 10:26 AM
    ^^^^^^^^^^bump^^^^^^^^^^





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  • putu99
    06-16 08:39 PM
    I am in a similar situation...I have been on an F1 visa for the last five years, and have just applied for my OPT. I will start work this August on my F1 OPT, and my employer was going to apply for my H1B visa shortly. However, my husband is on an H1 visa, and thanks to all the dates being current, he can now file his I-485.

    I would like to know if I can apply for an H1B *after* my husband files our papers for an AOS (I-485). The reason I ask is because I am not sure how long my husband's EAD will take to arrive (I have heard that perhaps due to everything being current, EADs and Advance Parole applications might get backlogged), and I know my OPT will expire next summer. Therefore before we make any decisions about I-485 filing I need to know if I will be eligible to apply for an H1 visa when I already have an AOS application on file.

    Thank you.





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  • dixie
    08-21 09:58 PM
    The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.

    But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.

    I do agree however, that the BECs should have been cleared prior to starting the PERM system.




    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...





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  • GcInLimbo
    12-01 12:28 PM
    Thank You for your reply. Here are the more specifics of the case in short and understandable manner.

    1) My H1B expired in Dec 2006 and an extension was filed in Oct 2006.
    2) In February 2007 my company got an RFE on my H1B extension.
    3) In Mar/Apr 2007 my company replied to the extension with the requested information
    4) In Apr 2007, my case was transferred to Seattle Local office
    5) In June 2007, my I-140 got approved
    6) I-485 became current in July 2007, and we applied
    7) I started working for another employer in August and the H1B was approved in September.
    7) In September/October we received receipts for the 485 filing and the EAD/AP applications were approved in October 2007.
    8) My new employer didn't apply for her H4 as she had a pending H1 application for Year 2008 ( Starting October 2007) that later was approved without I-94. Her employer filed amendments for missing I-94 and an RFE was issued on her H1B filing requesting more information.
    9) We later withdrew the application as she got her EAD approved and I-485 receipt
    10) Now I got the Notice of Intent to deny requesting evidence of my legality from Dec 2006 to July 2007.

    Since my H1B was pending for this period, doesn't this put me in legal status. I hope this information helps. Please let me know if you have any specific questions to answer my query.

    Once again thanks for your input.



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  • gparr
    November 15th, 2007, 07:15 AM
    I reformat my cards every time I put them back in the camera, which is after every time I dump files into my computer. In other words, some of my older cards have probably been reformatted 1,000 times or more. I have never had a problem. Brands are Ridata and Sandisk (various models).

    I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.

    Gary





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  • sumant18
    07-17 08:52 PM
    I've had enough waiting for more than a year now for this. It would help if somebody else can confirm a letter like this if they have received it also.



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  • njboy
    05-08 09:47 AM
    hey, my paki friend,
    this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
    regards.





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  • shantak
    04-29 02:19 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.



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  • BharatPremi
    10-09 08:07 PM
    everybody is busy "buying a home in california" and so nobody has time to answer quiz.:)





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  • acsouza
    03-19 01:15 AM
    So I asked my company's HR and the following is the reply I obtained:
    <company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.

    So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.

    I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.



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  • petersebastian
    04-01 05:58 PM
    You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.

    Yes, thank you, maybe I wasn't clear about it, but I wanted to make sure that the 3 year ban something I will be facing if I overstay the 180 days, not before. I want to stay here with my boyfriend, as I planned until the end on May, but I don't want to do something that will give me a ban...





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  • needhelp!
    10-09 05:56 PM
    for your help in the past and look forward to continue working with you.



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  • mmk123
    07-17 11:43 AM
    Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time

    So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.

    I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".





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  • stemcell
    03-07 09:44 PM
    Unfortunately it means the 485 will also be denied.....
    unless you can appeal the 1-140 which is a lengthy process.....
    Hopefully luck is on your side....

    again please ask your lawyer as to what the best way to go is....



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  • ca_immigrant
    01-14 05:43 PM
    Congrats !

    and thank you to desi485 for posting the link

    Good one and particulary moving was the last point ... -:)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....

    but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....

    neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
    (They are in India with my elder borther)

    oops...sorry for writing something out of context....

    but again Congrats !!





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  • k_sing
    09-20 12:17 PM
    Responding to latest response:

    "Member" does not mean an employee.
    As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
    A member however has no voting rights etc. ( it's a private LLC/trust)

    At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.

    About the internet biz:
    I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).

    Can I receive income checks in my name ?


    thanks!



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  • sumansk
    09-26 04:52 PM
    Same thing with me.. every time I call they say wait 90 days.Even I tried to tell them that its more than 90 days old that I sent..without luck...
    Thanks





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  • kaisersose
    04-21 04:47 PM
    Wow!

    Texas does not give a damn about any of this.

    Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.





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  • delax
    08-06 11:59 AM
    It is EB2, labor approval date is my PD - No idea, why profile does not show up.

    Wow! Another 2006 approval. Congrats!





    go_guy123
    02-28 09:53 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
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    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)


    In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.

    Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.





    chanduv23
    03-04 11:36 AM
    The answer could be
    "I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]

    Employment can ask for valid employment authorization, but not for kind of employment authorization.

    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
    [From the link]
    The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.



    ________________________
    Not a legal advice.
    US citizen of Indian origin


    Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.

    If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.

    Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.




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