Wednesday, June 8, 2011

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  • sri1309
    10-22 08:59 PM

    Here is a hypo situation, which I am sure we will be interested to know.,

    What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,


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  • makemygc
    06-14 11:20 AM
    Any one???
    I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the posting on this matter, it is now a matter for worry.

    Note from Immigration-law:-
    It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.

    Can someone answer please???

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  • pmamp
    02-26 04:14 PM
    can she accept fellowship on H4?

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  • guyfromsg
    09-20 09:32 PM
    now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.


    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..


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  • imh1b
    11-25 12:01 PM
    Wow..I am so proud of this inidan dude, he seems to be very close to Mr. President. Can you please ask this Indian guy to talk to President for our GC issue?



    Why should he?

    What are you going to give him in return/what is he going to get by helping us?

    We need to first learn to help ourselves.

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  • payur
    09-07 02:17 PM
    Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC

    Oh..I see.

    May be soon you will get your GC and then you can kick your employer:)

    I am confused on how your H1B cancellation letter will impact your GC. If my understanding is correct your employer and your husband's employer are different, I don't see any relation. This is my guess and consulting an attorney will be the best.


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  • sudiptasarkar
    11-06 08:38 AM
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?


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  • sri1309
    10-23 06:29 AM
    Thanks guys,

    But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
    Is it not needed for wife's case to be independently handled.


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  • i4u
    04-16 12:50 PM
    what happened? what advice did you get from your lawyer?

    I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.


    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.


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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!


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  • harsh
    03-20 01:10 PM
    sure seems like it. As with L2 visa holders, this would allow H4 spuses to apply for work permit.

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  • potrero
    04-30 08:31 PM
    I am not sure if this question being answered in this forum.
    Need experties if any one have this situation.

    Employer: X (Old Employer)
    Labor - EB2
    PD - Sept , 2006
    I-140 Approved

    Employer : Y (Current)
    Labor : EB3
    PD : May 9 2003I
    1-140 Approved
    I-485 : Pending

    Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
    Q : How is the apeal done considering I-485 is already filled.
    My Attorney says better to file fresh EB2 with current company.

    Please reply with your experties or if being deal with this one.



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  • xu1
    04-10 11:06 AM
    I will send an email after work with details.. Can't use webbased mail right now at work.

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  • meridiani.planum
    04-22 07:58 PM
    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.

    nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.


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  • spicy_guy
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)

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  • anilsal
    07-09 08:54 PM
    nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.

    It would be great if members are able to make it to this event.

    Come on IV members in DC region, show some spine. Do not waste a single moment to be in the limelight. We are skilled immigrant applicants.


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  • gcwaiting17
    10-14 11:55 PM
    still waiting for FP ...

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  • 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.

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  • samrat_bhargava_vihari
    02-11 06:04 PM
    you are screwed, yes seriously

    Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.

    If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.

    I feel this may not be true.

    Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.

    08-20 04:01 PM
    Really nice one. The mouth is perfect. I think with some themes they sort of need an outline though, not all the themes use the default white I don't believe.

    02-16 10:47 AM
    Time for paid membership on this least $5 a month..else, we will these see kind of non-sense discussion threads...waste of time and resources (Including this message)

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