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    • desi3933
    03-27 03:51 PM
    Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. ...

    May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.


    ________________
    Not a legal advice.




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    • GC Struggle
    04-21 09:17 AM
    You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.


    Here is a situation....

    Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.




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    • nhfirefighter13
    May 31st, 2004, 07:41 PM
    LOL ! :D
    Travel on AP after job change and AC21? [Archive] - Immigration Voice
    Log in

    View Full Version : Travel on AP after job change and AC21?





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    • Leo07
    10-17 02:19 PM
    Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.

    I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.

    Do you want me to take other legal opinions as well? ( application is already mailed)

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?


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    • sledge_hammer
    04-13 02:17 PM
    What line of work are you in? Either send me a PM or post here.

    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.




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    • nashim
    06-03 04:30 PM
    I think yes, you need to fill AR11 form for your wife too. I did the same thing.


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    • krishmunn
    02-15 12:53 PM
    I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


    Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.



    And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.

    OP Inquired about the process does not mean that he is Involved in the process.




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    • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.


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    • sajidmd
    02-01 10:44 AM
    It doesn't take long... encourage everyone to do it so that we can be considered for the list next time.




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    • tabletpc
    09-24 10:43 AM
    But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

    I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.


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    • piyu7444
    04-21 10:52 AM
    What if this was a situation with someone who was NOT working for a NON-PROFIT but for any other FOR PROFIT corp?

    Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?

    Can I still use the peition which was approved for 3 years?
    Will I be counted in CAP and will have to go through lottery?

    I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??

    Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......




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    • irukandji
    04-04 11:34 AM
    Yes I filed my 485.
    Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
    Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
    What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?


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    • shana04
    08-05 01:50 AM
    Dear IVans,

    After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).

    My dependent (my spouse) has not received her FP notice yet.

    Questions:

    1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.

    2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work

    3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?

    Gurus, Please answers/provide your experience/suggestions to the above questions.

    Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.

    I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.

    Hope this completes my cases.

    Good luck to all and my best wished to every one (EB2 & EB3) mates.




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    • kanshul
    05-11 07:21 AM
    You have the wrong link..


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    • gcnirvana
    07-11 02:05 PM
    Not playing a spoil sport, but if you look at the tracking details, it says:
    "THE RECEIVER HAS MOVED. UPS ATTEMPTING TO LOCATE RECEIVER TO COMPLETE DELIVERY, NO DELIVERY WAS MADE / THE ADDRESS HAS BEEN CORRECTED. THE DELIVERY HAS BEEN RESCHEDULED" :confused:

    Looks like Gonzalez packed his bags and moved to his home country :D :D

    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus




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    • zoooom
    10-27 11:33 AM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.


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    • ashkam
    07-27 12:59 PM
    Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?

    You're kidding, right?




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    • indianindian2006
    08-28 02:04 PM
    IV member Venkat80 posted this mail but has removed it for some reason.




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    • vinzak
    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.




    sweet23guyin
    04-23 01:31 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!


    I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
    Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
    My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.

    Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
    If there is a chance or idea you want to put forth with your own company, there is no good time than today!

    Good luck and let us know.




    belmontboy
    11-26 01:57 AM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001


    the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.

    Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.


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