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  • lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.





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  • GCard_Dream
    09-15 12:25 PM
    Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.





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  • eb3_nepa
    01-14 03:07 PM
    Only H1 reform is likely by feb 15th.

    Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?





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  • ita
    01-16 12:05 PM
    While on EAD-AC21 do you know if they compare the salary mentioned on offer letter or the acual W2 amount or is it both to check if it is close to what is mentioned on LC?
    Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
    If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?

    Appreciate your advice on this

    Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.

    Thank you.



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  • immi_seeker
    10-08 10:38 PM
    ^^^^^^^^^





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  • bikram_das_in
    10-20 06:15 PM
    Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.



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  • JK747
    07-16 09:25 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.





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  • mhathi
    03-23 10:57 AM
    I had put in undecided at this time or something like that



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  • deardar
    09-14 03:27 PM
    No need to register on that site.
    Just click and listen.

    If it asks you to register, close and reopen the brower.





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  • vandanaverdia
    09-11 11:59 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you...
    Come to DC....



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  • irrational
    06-18 10:37 PM
    Folks,
    I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

    Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

    Any pointers would be really appreciated.

    Thank You

    -Bipin





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  • dealsnet
    08-04 01:51 PM
    She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.

    USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
    That is why they again send RFE for some people.

    Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)

    If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
    She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.



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  • Marphad
    03-29 11:12 AM
    I will still wait for lawyer's opinion.





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  • willIWill
    07-16 01:01 PM
    Thanks for the suggestions Rockstart.

    Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.

    One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.



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  • ddanait
    02-07 03:21 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.





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  • PavanV
    09-06 02:28 PM
    Boss,
    Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
    (Satire included :))

    Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.



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  • jonty_11
    08-06 12:46 PM
    did u happen to call USCIS Cust Service...which may have trigerred your approval?





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  • Saralayar
    03-18 05:11 PM
    there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
    FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
    You are correct. Getting a SSN with EAD has nothing to do with H4.





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  • waitnwatch
    05-08 11:27 PM
    no offence taken njboy, i realize that you were honestly trying to help.... i was just trying to alert you that people could be sensitive to such things and during these times when we need to work together it just helps that extra bit to word our emails with care.

    good luck and hope we can collectively work ourselves out of this immigration mess.





    kutra
    01-20 10:37 AM
    My wife's co. provides health insurance for both of us. We are both on H1-B.

    If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.

    Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?

    Why does she need to use COBRA? Certain life changing events such as job loss, birth, etc. allow adding or removing of dependants, or enrolling in an insurance plan outside of the enrollment period. So you should be able to join the insurance plan provided by your employer. If she's quitting her job, she should be eligible to come on to your insurance plan as a dependent. This will be a much cheaper option than using COBRA. Look into this.





    Green06
    08-15 02:00 PM
    eeeee thats painful. Happend so many times. It is like Lotto but at the end we say Samay se pehle or Bhagya se adhik kuch nahi milta (before time and more than your destiny you don't get anything)



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