Saturday, July 2, 2011

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  • harrydr
    08-26 10:36 PM
    My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
    Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
    A person can EAD only once I-485 is approved? Is that correct.

    Please throw some light on the above points. Thanks in advance.





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  • uslegals
    11-15 03:53 PM
    Not even sure if it matters any more. We have been current for 3 months now but no update.





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  • kirupa
    11-12 02:09 PM
    That bug does ring a bell actually. Resizing is a bit of a hassle in WPF - especially if you aren't using the default Windows chrome.

    I will need to revisit this tutorial in the future and address some of the pain points that you and others have mentioned :)





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  • CSPAmom
    08-15 04:36 AM
    Thank you, Krishnam70. I will get an attorney's assistance. If anyone knows a successful case, please let me know. Thanks!



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  • roseball
    04-07 03:34 PM
    Iam on L2 and working on my EAD which is expiring on april 29 th 2011.

    I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
    we are trying to reappeal to USCIS but iam not sure if its going to work.

    Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
    They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
    Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.

    Thanks in advance

    You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.

    Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)





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  • prem_goel
    11-02 10:25 AM
    Hello,
    Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.

    Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.

    My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.

    Please advise.
    Thanks



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  • Vogue Italia May 2007



  • Blog Feeds
    07-27 03:40 PM
    It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.

    The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:


    Obtain a Social Security number
    Complete a Driver License or Identification Card Application
    Present an acceptable birth date/legal presence document
    Pay the application fee
    In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"

    The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.






    More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)





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  • puddonhead
    02-28 02:08 PM
    Changing from L1 to H1 has nothing to do with your GC process.

    Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.

    I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.

    Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.



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  • tnite
    10-04 04:28 PM
    Hi Tnite,

    Thank you for your reply.
    ...but only in Adjustment of status, what does it meaning?
    what it means is that once she uses her EAD , she is in AOS.Then she can work for her own company .





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  • rpat1968
    09-22 11:05 AM
    IV members who have got vague replies to SR request and also encoundered rude behaviour on with USCIS CSR's should share your experiences with whitecollarslave ...



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  • ranand00
    07-13 02:20 PM
    Hi

    Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
    Meanwhile company "b" is ready to file a new h1.Can they do that.
    Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
    what is the correct way to file new h1
    Thanks

    anand





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  • ski_dude12
    07-13 01:14 PM
    Another substitute case...

    Any reason you went for substitute labor instead of your own?

    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you

    Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.



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  • ramaonline
    12-08 11:04 PM
    H1B requires a minimum of bachelor's degree which is 16 years of education. Also, 3 years of work experience is considered equivalent to 1 year of college education.

    You can qualify for H1B if you have some experience in addition to the 3 year degree





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  • Onesimus
    02-26 02:20 AM
    @NyteStarNyne & Kirupa : Thanks :)



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  • actaccord
    02-17 03:29 PM
    update this thread
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904645-advocacy-day-air-miles-carpooling-and-hosting-members-in-dc-4.html#post2358717

    and PM the person who is taking care of this task.

    Thanks for coming up
    Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.





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  • nychyd
    01-02 03:16 PM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

    Thanks



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  • Krilnon
    06-30 12:29 AM
    I think the idea is that you can choose to make your designs in to actual shirts that you sell… but it's not required as part of the competition.

    In the original t-shirt contest, people were required to put their designs on Cafepress so that people could actually buy the shirts (I have two of them). Kirupa took issue with that this time:
    My main issue with t-shirt designs is that it requires having someone sign-up on cafepress to be able to add their design to a particular t-shirt.

    So, this time, you aren't required to make your shirt purchasable. Hypothetically, you could put it up on Cafepress or another, similar site. I think it'd be cool if everyone did that, but I'm not running the show. :kommie:





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  • indio0617
    01-30 12:15 PM
    If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?

    Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .

    Thanks.





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  • guchi472000
    11-21 09:02 PM
    I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
    Another company is offering me job and ready to transfer my H1b.
    My Question:-

    1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?

    2) What if, The new company don't file AC 21?

    3) What if the previous employer cancel my I 140.

    Let me know what other problem can I face if I transfer my H1b to new employer.:confused:





    Nagireddi
    06-18 10:13 PM
    Hi EB3Retro,
    I promise I will be with IV till we acheive all our goals.





    neeidd
    07-14 01:06 PM
    Hi Gurus,

    I need some advice from you guys

    My initial receipt date for I-485 from Vermont service center was July 7th 2007. But when I-485 was transferred to Texas service center, receipt date on I-485 is showing as September 11th 2007. Can we do anything to correct the wrong receipt dates as this might have significant impact on my processing times. Please advice

    Thanks



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