Thursday, June 9, 2011

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  • Munna Bhai
    10-15 01:44 PM
    Hello Friends,

    I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...

    1) Have a Job on H1B
    2) Received EAD.

    My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"

    Pl adice.

    Thanks much.
    PD: Feb 2005, EB2
    RD: 20th July 07
    ND: 17 th Aug 07

    Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.





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  • arc
    06-17 02:33 PM
    AC 21 allows you to change jobs 21 times. :)

    come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

    When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?





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  • Karthikthiru
    04-05 06:40 PM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2007/db20070405_778533.htm?chan=top+news_top+news+index





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  • anoopraj2010
    07-30 01:39 PM
    Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
    Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..



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  • sledge_hammer
    12-03 04:59 PM
    Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -

    http://www.uscis.gov/files/article/public_cqa.pdf

    Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?

    A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
    In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
    If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.





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  • SunnySurya
    08-21 03:19 PM
    I don't know, you tell me!
    Does 25-30 lacs sound like a good deal to you ?



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  • Roger Binny
    05-12 10:05 PM
    First trying infopass is the right idea, even if you contact congress man and senators they may ask you to go through info pass first.

    Google your statename and senators you should get the list, its not hard to find their home pages.

    These are my opinons.

    By the ways what is the reason they cited when the EB2 I-140 was denied?





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  • prince40
    04-16 01:07 PM
    one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.

    did he get it this morning??



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  • chanduv23
    07-17 07:37 AM
    Getting innovative is the Key here. Keep your paperwork ready (You must do it in the background). Tell your employer through email that all you need is an employer letter and he can fax it to you, tell him you will personally come over to the place where he is to get signature and you have no issues, remember in your communications "Just praise him" . Tell him he is great, and you respect him and and u love him etc....... tell him that he must definitely enjoy his vacation and you will come to wherever he is or arrange for a pickup from Fedex and he has to do nothing.

    All you need from him is a signature and copy of 140 approval. Your lawyer has to give you a copy if u requested, now if they are also playing it by your employer, you can tell them that you will come over to their office, and you need a copy so that you can file 485. Just be very poliet with them - be extremely polite and at equal intervals of time keep sending them polite reminders, tel, them you will come to their place and collect it personally - keep praising them and tell them how much you adore them.

    In the background, workout your way, talk to a different lawyer. If a lawyer requests previous lawyer for necessary documentation, they HAVE TO GIVE. This approach may be a bit difficult because your previous lawyer may use delay tactics.

    Remember - your employer is unethical and your lawyer is egoistic. You have to deal with crap.

    After things go well for u- screw them big time, expose them on the internet and desi crunch.





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  • GCSeekerCT
    08-22 07:35 AM
    Again, I thank the community here for being supportive and hearing me out.

    After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.

    What are a few months in the game where I have waited this long ?

    Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)

    If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.

    Thanks much



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  • transpass
    08-01 12:28 PM
    I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...

    It might also not look good when someone from IV calls the office and pronounces the name incorrectly...

    Thanks..





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  • logiclife
    06-09 11:06 AM
    Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.

    I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
    It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.



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  • hariswaminathan
    10-26 12:38 PM
    My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.

    Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.

    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.





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  • Lasantha
    03-24 01:57 PM
    No more delays in I-140? Is PP back?

    Now everything is queued..... no more cutting lines.



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  • raghav0
    11-12 11:00 AM
    Thanks for the posting...just voted!





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  • prioritydate
    08-14 01:02 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.

    Well, I didn't said that I just proved my theory. It was just an assumption.



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  • ivjobs
    11-09 08:33 PM
    ^^





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  • Krilnon
    03-06 10:21 PM
    I voted for mlkedave... It seemed to be the most realistic version of what would actually exist.





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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris





    nozerd
    10-08 11:48 PM
    Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below


    http://www.chron.com/disp/story.mpl/front/6047852.html





    LostInGCProcess
    06-17 04:04 PM
    Hello,
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.

    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:



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