Tuesday, June 7, 2011

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  • texcan
    09-14 05:22 PM
    hi there,

    How about giving others some perpective about case timeline etc, so that they can answer question better.

    Please update your signature with case details.

    Just a suggestion, dont be offended.





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  • kumar26fl
    09-22 11:53 PM
    "Word-of-Mouth" seems to be the most effective way of campaigning! I had sent mails, and left voice to couple of my friends some time back. They became aware of IV, but not yet registered. Talked to them today, and got both of them registered. (kasas & aksrao).

    Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".

    Thanks





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  • neerajkandhari
    07-27 05:04 PM
    Once i use my EAD can i work accepting 10/99 (contractor) with same or some other employer I am on H1b

    Can my wife work as contractor she is on H4





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  • thomachan72
    09-07 09:46 AM
    Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
    I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
    There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
    Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.



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  • CCC2006
    09-12 10:06 AM
    A friend of mine sent me this link to find ur status after the 45 day letter.

    http://www.pbls.doleta.gov/pbls_pds.cfm

    The site says : The backlog public disclosure system only accepts Case numbers beginning with either a D or P.
    Please enter the case number with all dashes.
    Where the # represents a number
    (e.g. P-#####-##### OR D-#####-##### ).

    Unfortunately I dont have the number and the lawyer is not giving it to me. If this can help u guyz please do use it.





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  • chanduv23
    03-04 11:36 AM
    The answer could be
    "I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]

    Employment can ask for valid employment authorization, but not for kind of employment authorization.

    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
    [From the link]
    The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.



    ________________________
    Not a legal advice.
    US citizen of Indian origin


    Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.

    If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.

    Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.



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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

    HTH





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  • meridiani.planum
    06-02 12:13 PM
    Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

    In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

    Here is a posting I found from a while ago on this..

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341

    afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).



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  • rockstart
    07-16 09:07 AM
    Regarding first point,
    I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .

    HTH
    GCCovet

    I will not recommend Marriage Pics. I would say supplimental documentation like Joint Income Tax return, Lease Papers for Apartment, Insurance papers will be better than marriage picture. But then there is no harm in sending them as well. Perhaps can provide some entertainment to IO who might be bored looking at documents all the time.





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  • StuckInTheMuck
    07-11 12:27 PM
    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify?
    You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.



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  • Bimmer740i
    07-10 07:39 PM
    http://www.ilbsg.com

    They charge $600 for H-1B





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  • jscris
    July 15th, 2004, 12:39 PM
    Excellent shot! Looks like they're ready to fly. Which lens?

    Right now the temperature makes me happy to find anything I can shoot from the comfort of the car or close (heat indices over 100).



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  • aranya
    07-03 05:30 PM
    Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.

    If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.

    You might have had a different experience and these forums are for sharing our experiences to help each other :)





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  • gparr
    July 15th, 2004, 12:06 PM
    Outstanding! Nice capture.
    Gary



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  • narimmigration
    08-13 02:45 PM
    When my spouse started working using EAD, my employer told us that they cannot renew her H4 since she had already started using her EAD; also my employer renewed only my H1 and H4 for my minor son.

    I suggest you to contact a good attorney to know what you should do now.

    Good luck.





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  • jkays94
    05-03 11:20 AM
    We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests

    Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.


    We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.

    Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.



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  • onemorecame
    03-26 01:09 PM
    I Wish "C" for all category





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  • cool_desi_gc
    11-15 07:32 AM
    My name was misspelt on my FP notice as well.when i went for FP couple of weeks back, they could not make the change there.I told them about the name misspelt, they informed that I have to call the 1-800 number and get it changed.





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  • satyakb
    03-21 09:32 PM
    We would like to Thank every onefor providing detailed advices - considering various aspects of life.

    Will surely update the thread when we make a final decision.





    wandmaker
    12-11 02:57 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

    You can renew your EAD even after it expires. BTW, if you have used your EAD for work, you can not work until you received the EAD on hand.





    vsuri
    09-10 08:26 PM
    I had no experience with a prior employer when my employer applied for PERM in January 2007.
    Education: MS
    PERM Category: EB2
    Company Sector: Finance
    Job Profile: Technology

    PERM & I140 were approved by DoL & USCIS respectively without any RFEs. I485 pending since Aug 2007.

    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....



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