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  • willgetgc2005
    07-31 10:47 AM
    Hi,

    My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:


    1) Can she change her status to EAD while her H4 extension is pending ?

    2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.


    3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?

    4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)


    Your quick response is appreciated. Thank You.




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  • gcpool
    07-08 09:19 AM
    My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?




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  • cgs
    08-21 10:46 AM
    Is this anything to do with PD?




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  • backtoschool
    12-28 12:32 PM
    I spoke to some one and he has told me the following:

    (1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
    (2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
    (3) 485/GC is for future jobs.
    (4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.

    Other questions for folks who asked me:
    My stats
    EB3 - india
    PD Jul 2002

    No, i am not stuck in the name check stuff. Just the BS wait!!!

    SO, guys who else is moving outside US for education?



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  • sats123
    11-04 12:29 AM
    Last year even I did not get my AP though it was approved. It was lost in mail. I had called USCIS several times and tried to request a duplicate copy. They said they cannot do it. I had sent letters to senator, senator's office sent letter to USCIS and nothing worked. what a PIA, $305 for no reason.

    Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)

    One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.




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  • joydiptac
    03-13 02:11 PM
    Chorke na jao saiyaan... :D
    CONGRATS buddy!



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  • kisana
    04-11 07:55 AM
    I have couple of questions

    1. There is question "Have you ever applied for Online Authorization form USCIS". My answer to that is yes. But in the "Date of application" what should I write. It should be the date on which EAD was issues from EAD card, or date which apparead in receipt notice.

    2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.

    Please suggest.




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  • seahawks
    07-22 10:14 PM
    5 star rating from me



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  • raju6855
    02-02 09:33 AM
    Thx for your reply.

    But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.




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  • letstalklc
    11-24 03:47 PM
    I just started using SBI global and I am happy with their services. One question though. I am sending money to my own account. I know we have to declare the accounts more than 10K. Is the interest earned on that money taxable in US ? Another question is , since we are here is that money taxable in India also ? If yes, how do we manage our indian taxes while living here(tax returns etc). Any help would be great.

    I have SBI NRI account (You can only transfer USD, not sure about other currencies, but for sure you can't deposit India Rupees), for this account you dont need to pay any tax in India, whatever you transfer from here are alredy taxed, so dont worry, even you dont need to pay the tax on the earned interest from ur NRI account.

    Please note that there is one more accout type exist for NRI, this account will allowed to deposit indian rupees, but you have to file taxes for the earned interest/income.



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  • gc_coming
    07-18 07:04 PM
    This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
    Only in the rare event that you have an interview at the time of
    adjudication of your I-485, then you must bring a recently dated letter
    stating such only for the purpose to reaffirm what they have already
    approved on the I-140. Interviews for Employment based cases are issued
    randomly. There is no reason to worry about this." Is it correct ?




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  • gcpool
    07-08 10:37 AM
    Apart from informing others about them legally what can he do.

    Post his name & nobody will hire him.



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  • fromnaija
    12-09 04:09 PM
    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.

    I will not argue with what your lawyer tells you.

    However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.




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  • rahul2699
    05-16 08:22 AM
    May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.

    There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.



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  • yabadaba
    02-13 12:53 PM
    Do you hate lies like this? "Leprosy in this country. Incredible" - Lou Dobbs

    Do you hate that your child is now called an anchor baby?

    You are stuck in backlog limbo - What are you going to do about it macaca?




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  • hyderabad123
    01-11 03:58 PM
    Hi,
    I-485 was denied, then applied MTR on June 2010. I didnt recieve nay update, we are planning to travel hometown bcz of personel problems. I called to expediate on my petiton, they opened SR, after that i recieve the response saying that, ur petition with IO, once we made the decision will let you know. If you have any exp or any one on it please do share with me. That is more appreciate.

    Thanks



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  • saketkapur
    10-11 01:00 PM
    I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
    Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

    PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney




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  • laksmi
    01-07 04:02 PM
    http://immigrationvoice.org/forum/showthread.php?t=14154




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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:


    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (http://www.google.com/hostednews/ap/article/ALeqM5h_EhhmjIcqAzvJainjWnJTLRylXQD995P1T80)

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html).

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (http://www.usdoj.gov/crt/osc/)

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited (http://latimesblogs.latimes.com/lanow/2009/07/more-than-650-businesses-nationwide-to-have-employee-work-files-inspected.html) Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home) New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�


    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�
    http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story (http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. http://www.chron.com/disp/story.mpl/special/immigration/6506722.html (http://www.chron.com/disp/story.mpl/special/immigration/6506722.html)

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. (http://topics.sacbee.com/California/) The California Immigrant Policy Center (http://topics.sacbee.com/California+Immigrant+Policy+Center/) estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, (http://topics.sacbee.com/state+income+taxes/) and $4.6 billion in sales taxes (http://topics.sacbee.com/sales+taxes/) each year. The Selig Center for Economic Growth (http://topics.sacbee.com/Selig+Center+for+Economic+Growth/) calculates that the purchasing power of Latino and Asian consumers in California (http://topics.sacbee.com/California/) totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau (http://topics.sacbee.com/U.S.+Census+Bureau/) found that California (http://topics.sacbee.com/California/) businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? http://www.sacbee.com/opinion/story/1981220.html (http://www.sacbee.com/opinion/story/1981220.html) Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html (http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html) New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).https://blogger.googleusercontent.com/tracker/186823568153827945-4886898674742904565?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html)




    cooler
    07-20 07:19 AM
    You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.

    In the last decade of living here a lot has probably changed in ones life. In my case

    1) Perception on life.
    2) Understanding the essence of being happy and what is truly important in life.
    3) Tired of the Rat race (IT job)
    4) Parents/old age
    5) Desire to simplify life and go back to the basics.

    Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??

    Anyways, these are just ramblings from a tortured soul.

    Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?

    cooler




    gcformeornot
    08-16 02:35 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    Most of the companies have clear cut HR policy on who is covered who is not.
    No matter what HR member said they will follow HR policy.



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