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  • GCVictim
    08-28 05:02 PM
    I am also in the same boat. Me and wife applied (efile) same time. Mine EAD has approved. For her still pending. Both APs also pending.

    RN: 26-june-2008
    FP: 17-Jul-08
    My EAD Approved Date: 26-Aug-2008





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  • kirupa
    01-13 02:28 PM
    Not sure if i have time to do an entry, but i'll try. One question though. Is external actionscript classes ok, or does it all have to be done on the timeline? Obviously i am referring to external actionscript classes that we wrote ourselves, not libraries/engines or other peoples' work.
    Sure - do whatever you want :)

    To address this, I modified the guidelines to show that tweens are allowed. You can tweeen either on the timeline or via code if you want.





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  • sagar_nyc
    01-30 11:11 AM
    I am hearing lot of cases about H1 extension denial. My advise to people is that if you have option to work on EAD please do so. I think because of current economic condition extention is becoming difficult



    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance





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  • AmericanInSpain
    04-08 11:46 AM
    I have a similar situation and I want to hear more about working remotely using a non-work resident visa...

    - I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.

    - I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.

    - My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.

    My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!

    I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!

    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.



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  • tampacoolie
    07-14 03:23 PM
    Guys,
    My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.





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  • sts_seeker
    05-14 06:30 PM
    I AM ALSO victim of same situation. I got my RFE and replied already but wife's RFE hasn't been received and its been more than 3 weeks. My atty called, sent letters and I also called but no letter yet. Don't know why this same pattern happening?



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  • perm2gc
    08-02 02:17 PM
    Hello All,
    As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.

    "My brother entered into the U.S around 2004 with
    valid H1B stamping for company A. He was there only
    for few months . He didnt work on any project
    and he doesnt have any pay stubs. Before he left the
    US, company B filed for his H1B visa . After filing
    H1B he went back to india and later accepted
    a different position in singapore . H1B for company B
    was approved successfully after few months.
    Its been nearly almost 2 years since that happened .
    H1B for company B is valid till sep 2007

    Now company C filed for his H1 just few weeks before
    and it was approved successfully. He wants
    to travel to U.S now and start working for company C .

    He went to singapore U.S consulate for H1B visa
    stamping for company B. Unfortunately it was rejected.
    221(g) . Reason officer gave him was " u
    need to have 13 years experience to take up this job".
    My brother tried to explain to them . But they wouldnt
    listen. Also they retained all the H1B documents
    related to comapny B.Also they have put an entry in
    his passport saying 221(g) and the date.

    Company C is still asking him to travel to U.S , since
    he has a valid visa stamping with company A until Aug
    26 2006. My brother has valid H1B petition thru
    company C which is valid till june 2009.

    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    2)Will there be questions at the port of entry ?
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    4)Any chance he wont be let inside U.S ?
    5)Can he show them the h1b approvals for company C ?
    6)Any tips to handle the officer at POE?
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Any little help is also appreciated.
    I need answer mainly for question 1 and 8

    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    No Safe as he will be questioned at port of entry

    2)Will there be questions at the port of entry ?

    A Lot
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    Yes.
    4)Any chance he wont be let inside U.S ?
    90%
    5)Can he show them the h1b approvals for company C ?
    No..as it will confusing for immigration officer with so many 797 forms.
    6)Any tips to handle the officer at POE?
    Can try with chinese or african-american.Little liberal
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    Just 4 weeks
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Yes.. He may not not reenter US for next 10 Yrs.

    I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future





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  • nanneh
    04-30 01:29 PM
    Can some one help me on this subject please......



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  • shana04
    05-28 11:59 PM
    I am a July 2007 filer and he expects an RFE for employment verification on my case.

    I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

    And RFE for current residence proof





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  • greencardvow
    07-31 04:56 PM
    you can't once it is rejected.
    Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
    I hope canada will be smooth.

    My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?



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    02-14 12:48 PM
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  • rahulpatel
    08-14 04:26 PM
    Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
    The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
    I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????



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  • iam_amit
    02-21 12:52 AM
    is it safe to apply change of status from H1b to H4 while staying in US and once she gets a job can get stamping out of US as H1B with supporting docs.

    H1b-H4-H1b





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  • kriskris
    08-22 03:18 PM
    I just called the DMV, they are again blindly saying that they just accept I-94 and nothing else. When i tried explaining them about how this is being handled in other states, they told me that this is TEXAS....we go by our own rules. I don't think i have any other option other than going for Premium.
    Any advises on upgrading to premium at this time.



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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:





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  • webm
    05-28 10:43 PM
    Hi everybody,

    please help - the lawyer filed the original EAD/AP applications.

    Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
    if I am filing paper EAD/AP forms???

    Thanks....

    Yes file the G-28 forms as well..thats what i did too..



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  • eb_retrogession
    03-25 06:41 PM
    I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.

    Thanks





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  • desi3933
    02-11 11:59 AM
    Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim

    If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.

    Person has to file for another change of status if he/she wants to go back to old status.

    __________________
    Not a legal advice.





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  • transpass
    04-23 09:34 AM
    Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?

    Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?





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    08-19 11:02 AM
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    harsh
    05-31 09:37 AM
    The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.

    Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.

    Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.

    And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.



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