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  • needhelp!
    10-05 04:51 PM
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  • freedom_fighter
    06-23 09:51 PM
    Hi,

    I've read conflicting information on whether one is eligible to receive unemployment benefits.
    Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.

    So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?

    thanks




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  • gcformeornot
    12-03 10:20 PM
    Sorry for off topic post but I need some help. I am applying for INDIAN passport for my daughter born in India. We are sending application via mail.

    There is a mention of Consent letter from parents on CG NY website. If anybody has format/template for consent letters by parents, can you please share the format?

    Thanks.




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  • martinvisalaw
    06-29 10:38 AM
    There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.

    The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.



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  • bowbow
    08-16 09:43 AM
    I hate IT consultancy Business. I don't want to cheat hard working people.
    I wanted to start something good that i can work by my self and not cheating others.




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  • YetAnotherDesi
    09-04 04:35 PM
    Friends,

    I have the following situation, any help/pointers is much appreciated:
    - Have EAD (expired Sep 2010). H1B expires Dec 20, 2009.
    - I was informed sometime back that I am going to be laid off mid September (next week)
    - I am expecting another job offer (interview went well and most likely will get the job) and plan to start at that job late September / eraly October 2009.
    - The new offer that I am expecting to get is for the position of Senior Software Engineer, whereas my previous position (where I will be laid off from) was Software Engineer.

    So, my questions are:
    1. Is it still possible to transfer my H1B visa even though I expect a gap of atleast 2 weeks between the two jobs, or is it better to switch over to the EAD?
    2. Will it be a problem for my pending 485 application if my position changes to Senior Software Engr? (although the responsibilities in both positions are about 95% similar, few more responsibilities as a Senior Eng, thats all)
    3. If I end up changing over to EAD, what next steps should I do (wrt keeping my 485 applicationb alive and to inform USCIS that I have switched over to EAD).
    4. A few months before I got the notice of layoff, I got engaged to a woman in India. I would have preferred to get married by end of the year (would have applied for 1yr extension of H1b) so that my wife could have come over on H4 visa. Now, if I switch over to EAD, what are the options of bringing my (to be) wife over? Is this going to be a problem?



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  • pappu
    06-25 11:05 AM
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  • gc_dedo
    09-09 07:30 PM
    I just sent un-notarized copies
    I have the original.



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  • reno_john
    06-20 11:54 PM
    Mailed in June 1 EB2 concurrent to NSC but transferred to Texas
    Package received date June 4
    Receipt date : June 13
    Check cashed June 18




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  • kumarc123
    05-04 01:13 PM
    I agree ..I wonder what kind of effect will swine flu have ..it certainly gives the anti-immigrants a huge advantage (as predicted by pat buchanan) ...

    Will this bill contain a merit based sytem? I know Obama was the the key author of a bill based upon merit based in 2007.


    Has anyone of you come across any type of information which reflects on Merit based immigration system this year?



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  • xbohdpukc
    04-21 08:17 PM
    Surely won't fly.
    I-140 doesn't belong to the employee. Period.




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  • GotGC??
    11-27 04:40 PM
    May I ask how you know this? Do you have some visibility to the internal processes, or have a credible source?

    I'm not questioning your comment - just checking if it's more than hearsay.

    Once every check is completed it goes into a queue and then every month a list goes to an officer based on the priority date and visa availability

    The best thing is to call them as soon as the processing dates go past your application date. Call them to find out about ur case. At that time they are open about ur case. They will let you know exactly if your name check is cleared.

    They also mentioned that once everything is in place the files goes to the office and then it might take up to 90 days for the officer to make a decision.



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  • gcpool
    05-17 01:45 PM
    Contact a good lawyer to do so. You can use EB3 priority date in EB2




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  • HappySnap
    February 10th, 2006, 08:08 PM
    RAW 2
    TIFF 2
    JPG L 2
    JPG S 3

    I almost always shoot in RAW unless I need high speed, but I know that I was getting 6 frames in the buffer with RAW - for at least the first 2 years.

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  • carlos.torres
    02-02 07:11 AM
    My fianc�e lives in Mexico and I live in the United States. We are planning on getting married this summer. As soon as I return, I'm planning on beginning the process so that my future wife could come to the United States to live with me. We plan on getting married in the Catholic Church, but we have doubts if that type of marriage is a valid one for this specific situation. We just don't want a delay in the process simply because it was a religious marriage and we want to be with each other as soon as possible. My question is: Is a religious marriage valid for this situation? Which one would you recommend: Having a civil marriage or a religious marriage in Mexico?




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  • vivekm1309
    07-05 12:44 PM
    My friends in Oracle have informed a similar move from Oracle too.

    I donot have a URL to post ...to confrm it.

    VM



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  • ItIsNotFunny
    10-31 04:28 PM
    Is It Not Funny? It is not funny ItIsFunny!

    I hope you sent mails.




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  • freedom_fighter
    06-23 09:51 PM
    Hi,

    I've read conflicting information on whether one is eligible to receive unemployment benefits.
    Specifically, i understand as a primary applicant in AOS status, one can not claim such benefits. But how about a derivative spouse, working on EAD , who lost her job? Can she claim such benefits as unemployment insurance. I've read that unemployment insurance should NOT be construed as a public charge, since its paid by the employer , when the employee is working.

    So is it safe to get the basic unemployment benefits for a derivative spouse working in AOS status?

    thanks




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  • veeru123
    05-05 03:08 PM
    My perm from May-09 went to audit & was approved in April-11. I noticed the dates for audited cases are moving forward quickly & jumped 9 months from March-09 to December-09. As your date falls in the March-December range, I would wait until the end of this month and then contact the DOL. My reasoning is that your application is sitting on someones table (waiting to be approved). Good luck to you.




    delax
    07-17 02:32 PM
    AILF's Legal Action Center has a class action lawsuit completed and ready to file against the Department of Homeland Security and the Department of State for their unlawful actions in the I-485 / Visa Bulletin mess. The government improperly denied tens of thousands of intending immigrants the opportunity to apply for employment-based visas known as "green cards."

    Rumors continue today that the Administration will be announcing a decision regarding their proposal to resolve the crisis. The most recent rumors indicate that the announcement will be made today. However, there are widely varying reports on what the proposed solution will be.

    AILF will review any proposals by the Administration to resolve this issue, and will determine the best course of action in light of those proposals. While we remain hopeful that the Administration will take the actions necessary to avoid the filing of the lawsuit, further delays or incomplete solutions will compel us to move forward with litigation.

    We thank the hundreds of people - intending immigrants and their lawyers - who have contacted us to be plaintiffs and support the litigation. We received emails and calls from more than 500 people in the last two weeks. Your efforts have enabled us to prepare a very strong challenge to the government's actions.

    We will post more information as soon as it is available.




    goel_ar
    01-07 11:01 AM
    Could Anyone pl. reply?



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  • wandmaker
    05-07 09:10 AM
    So in this case, the person should send the documents from India, correct? One of the requirement was I-94 card. How will we provide that if you are out of the country? What to say for Last Entry?

    Q10 - Alien Registration Number (A-Number) or I-94 Number (if any)
    Q12 - Provide your last date of entry
    Q13 - Provide your last place of entry

    It is not necessary that one should remain in the US to apply for EAD renewal.




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  • Kodi
    03-10 04:06 PM
    My experiance.... My 6th year on H1 expired beg Dec 2007. I applied for H4 Mid November 07 and haven't received a response yet. My attorney said as long as you file H4 before your H1 expire you're in status.




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  • greenmonster
    03-26 02:37 PM
    Hello,

    I need your advice / opinion on the below scenario...

    I and my wife are both employed at the same company, currently on H1.
    I am the primary for our GC processing; my wife is dependent on me with regards to GC.
    We both got our EAD and AP. 140 approved in May 2007, 485 Filed in Aug 2007.

    I have submitted I-9 to the company in order to be on EAD status.

    I am planning to have my Wife resign from the current employer and work for a diff company/vendor by using EAD.

    Questions: 1.Does the above scenario bring up any issues with regards to our work status or any other issues with the current employer or to the GC process?

    2. Can I work on a part time project?

    Please advice




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  • Kumbakonam
    11-09 09:22 PM
    You are asked to assume the position of President of USA and given power to do ONE immigration reform. What will be your reform?

    My attempt:
    Issue Green Card to anyone who have worked legally in USA for five years and abolish Labor, I-140 and I-485 processes. :D



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  • chetansharma703
    10-20 06:58 AM
    Hello,

    I got here on K-1 visa on 05/03/2010. Got married 07/03/2010. Got my SSN and applied for I-485, I-765 within the timeline. Received RFE for co-sponsor as my wife's salary wasn't enough. Her dad was suppose to do it but stepped back. When we filed I 485 & I 765 we also sent the I864A form which is a contract between the household member and the sponsor. But now we did not send it cuz we have moved out. She lost her job just one day before we responded to RFE but we still sent her work documents cuz they were already in motion as when we applied for it we sent her work info. My friend co-sponsored and we responded to RFE within the timeline. Received an update that the decesion will be made in 60 days. Not sure they will approve it because my co-sponsor's salary is only $24,000 per annum. The question is, if they deny then we will apply for MTR and they deny that too then do I have to leave from USA because I can't leave my wife like that cuz she has nobody after me here as she already got seperated from her family too as I did. We are very young. I am 23 and she is 19. We got married to have a dream to live together forever. I can't take her back with me to India cuz she is highly lactose intolerance person, doctors said she might die if she goes there cuz our food is 99% dairy. Please help...




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  • sac-r-ten
    01-14 03:12 PM
    I hope you are not been adjudicated under the new memo passed few days ago.
    Are you working at employer location or client side? Third party vendor etc?

    All the best my friend.



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  • folse
    05-10 01:51 PM
    Dear friends,

    I have an EB3 pending for years, and I submitted a marriage based green card application a couple of months ago.

    I had the interview recently. The office said she requested the EB3 file, but the office that was processing it wouldn't release it to her. She said a person could have only 2 pending 485s, so the 2 applications should consolidate, either the EB3 file comes to her office or this marriage based green card application goes to the office that process the EB3 file. And she said she wouldn't want to release the marriage based file to that office. So we are stuck.

    She went ahead and validated that our marriage is real, but she couldn't process the 485 because she needed all of my files. She didn't seem to be familiar with cases that have previous pending 485s. She had me signed a letter saying I'd like to withdraw my EB3 application and she'll send the letter with my EB3 485 receipt notice to the other office, hoping they'll cancel the EB3 green card application and release the file to her. She didn't seem to be certain that would do the job. She wasn't sure how long it would take and it's possible someone else will take over my case.

    It's been a week and there's no updates online. I'm now scare that if anything goes wrong, I might lose my EB3 application and get stuck in the bureaucracy. I'm worried and would like to ask whether it was a typical way to handle cases like mine. Thank you very much!




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  • sisya
    01-05 04:53 PM
    good idea....



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  • VivekAhuja
    05-22 03:52 PM
    Send copies of ALL I-94s.

    Do NOT travel with expired/non-renewed documents.

    It's simple!




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  • tdasara
    03-28 08:29 AM
    Since Senate passed the CIR bill last year, is it necessary for the Senate to pass a bill again this year?

    If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?



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  • zeorist123
    03-11 02:39 PM
    My am in eb-3 category with a PD jan 2007.
    I applied my i-485 to NSC and it was transferred to NBC in 2009.
    NBC arranged an interview with the local immigration office in April 2009.
    The Immigration Offer issued a welcome notice even though my PD was not current.
    I still have not received the GREEN CARD.
    In March of 2011 I received an email saying that my case has been transferred to TSC "to speed up processing"
    So I dont know if this is a good thing or a bad thing.
    Please respond.

    FYI: I have NOT changed my Job, my employer or my address.




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  • vivienne77
    03-17 06:00 AM
    Hello everyone,

    Can anyone define who (what) are the nonprofit organization that would be the exempts for the regular H1-B Cap?

    USIS's website says they are the "institutions of higher education or a related or affiliated nonprofit entity" or "a nonprofit research organization or a governmental research organization."

    I understand colleges and governmental organization are included, but what else qualifies for this category? I mean there are millions of nonprofit orgs...from the one that does important research for a state to the one that helps promoting the US. film industry to the one that cleans up streets for free....I'm just so confused.

    Any little help would be most appreciated.
    Thanks!!



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  • rajenk
    10-12 11:12 AM
    No that is wrong assumption. H1B can be extended only based on the beneficiary's self I-140 not spouse's

    Consult his/your attorney and renew H1B. At least start GC process to be eligible for H1 extension after 6 years




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  • ivjobs
    09-05 10:06 AM
    It is better to spread the awareness about swine flu as it is projected to strike back in the end of September and peak by the end of October. Every one thinks that it is not of their concern but some one is getting affected till it contracts them. So before that happens let us spread the awareness about this deadly flu virus. In India it is still worse. People are ignorant about this and are being succumbed to death (www.Indianswineflu.com (http://www.Indianswineflu.com)) Spread the word to your near and dear about this flu and also let them take all the necessary precautions.

    There is a comprehensive article in Times of India (http://timesofindia.indiatimes.com/articleshow/4875349.cms) and American CDC (http://www.cdc.gov/h1n1flu/?s_cid=h1n1Flu_outbreak_016)website has a ton of good information about the various aspects of the Flu and precautions to be taken.



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  • visacase
    07-10 02:40 PM
    Hi,

    Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.




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  • vedicman
    06-15 10:21 AM
    Did you know that more than 1 million green cards were issued in 2009 and less than 60,000 went to actual high skilled immigrants??



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  • Waitingnvain
    07-31 05:58 AM
    If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.




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  • smalgin
    04-17 02:14 PM
    Hello everybody,

    My wife who is on H4 was denied admission to a masters in accounting program due to lack of work experience. Other factors (GPA/GMAT scores) were allright according to a professor at the university! Does anybody know how/where she can get some experience (voluntary/unpaid/intership). We have already looked at craigslist job listing in the non-profit sector and not many people are looking to hire even if its unpaid:eek: We reside in Raleigh/NC and was wondering if someone in this forum has some insight as to how we can move forward.

    :confused:
    Skark

    Please understand that by law they can hire you ONLY if a position presumes volunteer work. If there are other similar positions that ARE PAID, you are out of luck.
    My wife is a chemist. That's even worse.

    Best wishes!




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  • Roni
    06-11 10:43 PM
    My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.

    Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.

    They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.

    Thank you so much for your help.




    AreWeThereYet
    08-09 04:32 PM
    From what I know, it is not mandatory to file AC-21 but if you think your previous employer who filed for your I-140 can create problems for you, it's safe to file AC-21. Although, your previous employer can not withdraw your I-140 by law, some employees attempt to withdraw/cancel I-140. Sometimes, USCIS behaves in an un-expected manner and they might issues a NOID on your 485. If that happens, you will have to appoint an attorney who fights for you to repeal USCIS decision. You will win in the end, but you will go through some unwanted stress and will loose some money to the attorneys. In such cases, if you have filed for AC-21, it acts as another strong point to your fight against a erroneous decision from UCSIS.




    Dhundhun
    05-03 10:44 PM
    Every employer does not do it. My employer does not do that.

    Keeping H1 also has some advantages.
    ... If I485 is rejected
    ... Freedom to travel, heard that AP is just for emergency travel (at least intent)



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  • immi2006
    07-22 02:23 AM
    Given the fact that we have a sum total of all Applications in the system :
    We should have a pretty good idea soon how the PD would stand.

    We should be able to fill in a quick poll to see how the numbers get split up with our members to get a rough idea of the % age wait. The goal is, most folks now are aware of IV and atleast visit IV frequently. They should be able to add 1 unit to the count, so we have a rough idea of the wait times to calculate to understand realistically How long to wait for the GC Visa # allotment.

    We have waited long enough on BEC

    Myself : Same Employer since 1998 till now :
    BEC - EB2 Dec 2000, (Recd on June 18 2007)
    PERM EB2 Dec 2006 (Recd on June 1 2007)
    Filed 140 + 485 on July 2 2007

    Associate Prof :
    Wife : EB2 - Jan 2003 (BEC )
    We are filing each as Primary but adding each other as dependents.
    Filed 140 + 485 on July 2 2007

    India : EB 2
    --------------------------------------
    2001 - BEC ---- Approx
    2002 - BEC ---- Approx
    2003 - BEC ---- Approx
    2004 - BEC ---- Approx
    2005 - BEC ---- Approx
    2005 - PERM ----
    2006 - PERM ---- Approx
    2007 - PERM ----




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  • chanduv23
    08-25 11:00 AM
    I was pleased to learn about this web site. Here's how DHS describes the TRIP program: The Department of Homeland Security�s Travel Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs--like airports and train stations--or crossing U.S. borders, including: denied or delayed airline boarding denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint continuously referred to additional (secondary) screening Why DHS TRIP? DHS TRIP is a central gateway to address...

    More... (http://blogs.ilw.com/gregsiskind/2009/08/dhs-provides-online-complaint-system-for-travelers-experiencing-entry-problems.html)

    They are atleast doing something to address this.




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  • heidy12
    01-06 10:05 PM
    hi...
    There is no problem in getting the H-1B approved by Co. B, and the position meet all the H-1B requirements.
    thanks:)




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  • addsf345
    08-21 01:15 PM
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  • radhagd
    04-11 02:23 PM
    Hi,

    I have a EB3 labor and 140 approved with PD->12/2002. By 12/2002 I do have 5yrs experience but now (2007) I do have 5yrs experience and I am eligible for EB2.

    My question to the gurus is can I use my EB3 PD for EB2 with new employer and can apply for 485 which is current for 12/2002?

    yes you can apply EB2 if you have 5 yeas experience as of 2007 and can port PD.

    Also, while during this transistion/waiting for EB2 labor and 140 with the new company what happens that my previous employer cancels my GC application? Can I still use that PD ?

    According to Rajiv khanna and other lawyers it is possible. But to be on safe side do not join new company and convince new company to file labour and I140 as future employer and can join at I485 stageThanks in advance!

    radhagd




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  • afordham
    07-09 01:37 PM
    I'm possibly in the same situation - if the company I work for gets bought and the company name changes does this complicate the process? I would hold the same job, title and everything else? This is a real possibility we already made 1/3 of the workforce redundant last week..

    Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?

    What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??



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  • andymajumder
    09-26 07:11 PM
    My wife's and mine EAD renewal was applied on the 23rd of July (company lawyer delayed filing). I received mine in 30 days but my wife's case is still pending, though I am working on my H1 and don't need it. My wife's current EAD expires today, is there anything we can do to get the process to move faster or get her case expediated other than just wait till 90 days. There are lots of people I know who received their EADs even though their applications were sent much later. If the discontinuity is long, my wife may loose her job.

    Please help. Many thanks.




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  • lsgv1
    09-28 08:12 PM
    Hi,
    I am a july 21 filer and received I-485 notices on Sept 26. I am required to join my job on Oct 8 and i want to use the EAD for that.

    My question is, if i see the status as "card ordered" before Oct 8, then can i call USCIS to get the EAD number before joining the job. OR does the employer need to be shown the EAD card before joining.



    It looks like it is taking 1 week from notice date to see the status change to "Card Ordered" and another 7-10 days or more to get the card.

    thanks,



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  • waitingnwaiting
    12-23 01:18 PM
    Why so quiet today?

    Where is the holiday spirit?

    Not even any joke?




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  • gcwait2007
    09-30 01:18 PM
    LUD = somebody 'looked' at your case for something ...
    On the positive side it means that the app is not lost

    Suppose I call the USCIS Phone service 1-800 number, then will it show as LUD?



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  • applejelly
    11-18 10:53 AM
    lol! I see what you mean




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  • sands
    01-22 07:06 PM
    would the local office give you the generated no if you have not received the SSN card in the mail?
    Yes, thats what they told me and I did get the number when I visited the office.



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  • AllVNeedGcPc
    09-18 10:39 PM
    ... and ideally it should be copy of your approved labor.

    I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.




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  • WaitingUnlimited
    09-23 01:18 AM
    Any advice on this?

    Thanks!



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  • Pasquale
    01-20 05:52 AM
    That's really pretty!!




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  • vin69
    02-10 10:07 PM
    Thanks raj2007 and ras for your response



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  • Santosh_gc
    01-25 05:14 PM
    Please e-mail CSC and ask them to look into it.




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  • manja
    05-24 07:57 AM
    Alright. Thanks for the clarification :)




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  • kanshul
    12-16 09:03 PM
    1. Can he own a coroporation while his status on OPT? I know one can own a corporation if his/her status is on H1B.
    Yes


    2. If he own corporation with his current status (OPT) and if he files his H1B in year 2010; what issue might he face?
    If the H1B is filled by his company it will be rejected. If it is filled by another company then there are no issues.


    3. Are there any legal obligations to own a corporation while his status on OPT? Or does he require to take any extra measures / precautions to own this coporation?
    Yes, just make sure that you file all forms and pay all taxes :( even if you are not in US.



    Note: He just wants own this company and not plan to do anything much to it until he settles down and he wanted utilize this oppertunity.




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    HV000
    02-15 02:38 PM
    Too bad that Mr. resigned.
    What's the point of talking to a dead wall??