Saturday, June 11, 2011

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  • kaisersose
    07-15 01:00 PM
    Hi Friends,

    My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.

    Appreciate any assistance !

    EAD is not a status. So how does her status change?





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  • xela
    06-17 08:53 AM
    We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing

    however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...

    good luck and dont expect any LUDs until they actually send you something :-)





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  • arunmohan
    11-15 03:15 PM
    bump





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  • anilsal
    09-15 10:03 PM
    the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.



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  • Gowtham Nalluri
    05-22 12:01 PM
    For all those whose PDs became current in June visa bulletin, It would be nice if most of you can hold off for about 10 days in june to file I-485 (485 may or may not include application for EAD and advance payrole), then USCIS may move the PDs further in july visa bulletin on both EB2 and EB3 to not loose visa numbers again this year.

    I-485 filing date doesn't matter while issuing the Visa Number (Even if you file I-485 on June 31st). Visa Numbers are allocated based on the priority date.





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  • s.m.srinivas
    04-03 08:30 PM
    Today I received denial notice from USCIS. The reason for denial is that "THE RFE RESPONSE WAS RECEIVED LATELY, HENCE DENIED". The last date for reception of RFE response was on 22nd March 2009 & They claim that they received it on 23rd March 2009. 22nd March was Sunday & more over we have proof from FEDEX deliver report that it was delivered by morning 10:30 AM on 20th March 2009.

    I believe this is error from USCIS. My attorney did call Customer Care and spoke to them & they said to send letter with proof, they will forward it to USCIS & they said there is no guarantee that they will again open the case by themselves.

    We did immediately sent letter with proof of FEDEX delivery report and as well as RESPONSE to RFE & we made sure that it will be delivered by monday April 6th 2009.

    My attorney suggested the following:

    We will wait atleast 2 weeks for to see whether they consider their mistake and open the case or ask us to open MTR with immediate effect
    IF they don't in two weeks, we will appeal for the denial
    Once MTR/appeal is open, we can prove it's their mistake & there is always good chance
    Once the status changes to MTR/appeal, then you can either apply for fresh H1B from other employer on premium process or live to your country it's your choice.


    Now my question to you all is, whatever he is saying is this correct? I am worried about becoming illegal. I don't WANT TO BE HERE ILLEGALLY. I WOULD RATHER GO BACK TO MY COUNTRY THAN BEING HERE ILLEGALLY & FACE PROBLEMS.. PLEASE DO GUIDE ME



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  • lost_in_migration
    05-15 12:24 PM
    The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.

    This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.





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  • skagitswimmer
    November 14th, 2007, 11:15 AM
    I have one of those overpriced twirly brushes sold by Arctic Butterfly but have used it exactly once. Blower bulbs work fine. If you don't have a photo store nearby you can buy exactly the same thing at a drug store - except that it is white and called an ear syringe. Make sure you follow the camera directions for sensor cleaning - you will have to lock the mirror up to be able to direct the air at the sensor.

    As for formatting, I generally format the card every time I put it back into the camera rather than delete the images at the desktop. I don't believe it does anything special to prevent problems but it is a just convenient of deleting photos and folders.

    I have had one card fail completely.



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  • nonimmi
    09-08 08:34 AM
    Ohio Bans Outsourcing - Another blow for Indian Software companies � OnlySoftwareBlog (http://onlysoftwareblog.com/2010/09/ohio-bans-outsourcing-%E2%80%93-another-blow-for-indian-software-companies/)





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  • ArkBird
    03-11 07:33 PM
    One BIG RED I see in your profile is you filed in July, 07 and changed job in Dec, 07. Did you waited for 6 months to change the job?



    Hi All,

    EB3-ROW PD: June 6, 2005
    AOS application sent: July 1, 2007
    I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.

    My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?

    Thanks a lot for all your support!!



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  • pradeep_s
    12-20 11:01 PM
    Hi Msyedy,

    Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.

    Thank you,
    pradeep





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  • pmb76
    03-25 04:49 AM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !



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  • desi3933
    05-21 06:50 AM
    I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?


    Example -

    PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
    Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
    Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002

    Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.

    Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.

    _________________________
    Not a legal advice.
    US citizen of Indian origin


    .





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  • riva2005
    03-16 03:40 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.

    If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.

    Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.

    I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.

    Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.

    Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.

    By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.



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  • gcdreamer05
    01-15 06:14 PM
    can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....





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  • TeddyKoochu
    06-01 02:07 PM
    I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
    I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
    I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !

    Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.



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  • GCNaseeb
    08-08 04:47 PM
    Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.


    It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.





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  • nandakumar
    01-18 12:59 PM
    Bump





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  • gc070922
    12-19 05:15 PM
    Husband + Wife - 1 Application

    Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
    I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?

    Thanks in advance.





    shx
    03-31 06:14 PM
    Its almost common knowledge that most of L1s are given to rank and file employees. Out of all the L1 people that I know, there's not even one that can be said to possess specialized knowledge. I'm sure there are a few legitimate L1 cases.

    Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.





    gc28262
    03-13 10:45 AM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    Congrats !

    What a way to announce it :D



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