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  • eb3_nepa
    10-26 03:50 PM
    Can you talk in english please?

    A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)

    Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?





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  • paragpujara
    04-04 08:21 PM
    Hi GC gurus,

    I am in dilemma and seek your help desperately.
    Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.

    I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
    1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...

    2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?

    Please provide me your input asap as i have to decide very soon.





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  • cox
    April 4th, 2005, 10:07 PM
    Thanks for the suggestions guys, I'll try 'em out. :)





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  • tikka
    05-31 12:56 PM
    Confirmation Number: 56Y67421A1299244L.

    thank you



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  • retropain
    09-05 01:47 PM
    The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.





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  • shahsahil
    04-17 02:46 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..

    It is a fresh application.



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  • conundrum
    03-16 05:12 PM
    Faxed mine a few mins ago





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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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  • digitalrain
    06-26 06:53 PM
    Thank you for the advice.





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  • lazycis
    12-11 06:00 AM
    wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...

    That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.



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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.





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  • admin
    02-17 12:45 PM
    Cataphract,

    Great effort and thanks for taking the initiative. Given your proximity to Capitol Hill, it is very important to drum up support in your area. Also please encourage the people in the area to attend the rally. More info here http://immigrationvoice.org/forum/showthread.php?t=143



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  • manand24
    09-28 08:02 AM
    EAD - Card production ordered for me and my wife on 09/27/2007.

    See signature for details:

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
    BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 9:00AM
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
    I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
    BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 8:00AM





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  • venkatanathen@yahoo.com
    12-08 03:51 PM
    Hi,

    I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

    Thanks
    VK



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  • amsgc
    03-31 03:08 PM
    This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
    Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.


    Immigration and Tax Filing are not at all related.





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  • arpu31
    11-15 01:48 PM
    Thank you for your reply.

    Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
    If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

    Or can I go out of USA and get back on the same revious H4 stamping?

    Thanks,

    Arpu

    I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

    #3 : no, only show H1B approval from ur spouse.
    #4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
    #5 : I believe you are not out of status but you are violating H1 condition.

    But again, Please check with ur attorney since I am not an attorney.

    Sorry if my answers will scare you a bit.

    Regards,



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  • thomachan72
    05-13 10:43 AM
    Hi Michael, just curious. Are you doing this alone? Don't have an attorney? I am not suggesting you should have one but just curious. If only we could all do this without hiring attorneys.
    Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.





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  • mariner5555
    05-19 02:22 PM
    Hi,
    Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.

    Following points are mentioned in the e-filing confirmation Receipts:

    1) DO attached one copy of this Confirmation Receipts
    2) DO keep the extra copy of confirmation receipt for your record.
    3) DO NOT send a copy of your e- filing application
    4) DO NOT include any applications or fee
    5) DO NOT mail photos or copies of identification

    I did NOT find any where like we need to send, passport copy, drive license copy, photo.
    yes ..you don't have to send the photographs or DL copy. if you efile, you can send copy of 485 recpt copy but they don't ask that anywhere ..





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  • rbharol
    09-20 12:24 PM
    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.

    Thanks in advance for your answer.

    Answer from my Lawyer is No.

    I tried to commercialize my website which you see in my signature. Plan was to sell
    the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.





    gxr
    09-26 02:12 PM
    Got EAD approved on 09/25. Filed on 07/03, RN is 09/11. - NSC, 140 still pending.





    delhiguy79
    10-23 01:07 PM
    Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:




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