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  • gg_ny
    07-31 09:54 PM
    gg_ny/others,


    1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


    2) gg-ny, can you eloborate on this please?

    (have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


    Thanks for your responses.



    Sendil
    Hi,

    I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
    1) unless you USE your EAD, H1 or H4 status wouldn't be affected
    2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
    3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
    4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
    applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
    5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
    it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
    6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
    7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

    Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.





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  • chrisa
    November 16th, 2007, 12:26 AM
    Arctic Butterfly works great. I picked one up in Toronto at Henry's after shooting some photos of the CN Tower. Noticed I had a few spots and sure enough they were on the high pass filter. I did attempt to blow the particles off but they were not budging. I decided to deploy the butterfly and it worked just fine. After two passes the dust was gone. I didn't find it a difficult or stressful task and never felt as if I was "at risk" of damaging my camera. My two cents.

    Used AP successfully with pending H1B visa stamping at Mumbai [Archive] - Immigration Voice

    View Full Version : Used AP successfully with pending H1B visa stamping at Mumbai






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  • Dhundhun
    03-18 02:10 PM
    Thanks. I'll try SSN based on AOS. If they refuse, I'll get EAD for my wife.

    SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.





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    03-04 12:09 PM
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  • VivekAhuja
    11-25 11:27 PM
    CIR must be defeated. It has no benefits for legal immigrants but only for illegal immigrants. Worksite enforcement must be increased to make it impossible for illegal immigrants to make a living in the USA. If not, USA will become like Mexico and USA will lose it's magnet for attracting the world's best!

    The economic basis for CIR is stupid. Illegals can still pay taxes using a TIN number. Most illegals make minimum wage - some might not even fall under the preview of the US tax law.

    CIR is only a way for hispanic politicians to gain ground in the US. 90% of US problems are because of illegal immigration. Imagine if we have 15 million illegals legal - now, they are no longer doing jobs tha Americans want to do but they feel (and are probably going get fast track) like they are American citizens and demand non-farm American jobs. The whole cycle is stupid.





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  • eb3retro
    07-16 01:27 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

    1. Join the new company (the client of your current company)

    2. Have them file labor certification.

    3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

    That is all it takes. This is a standard process.

    Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

    Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

    Hope this clears your hold up.

    PM me if you need further clarification.

    Good luck on your new job.

    -Raj:)



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  • dc2007
    07-05 10:28 PM
    Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.

    My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
    But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).

    Go for full coverage and add your wife to your insurance. This is my suggestion.

    Good Luck





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  • joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.



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  • Canadian_Dream
    09-19 06:33 PM
    Before this discussion thread grows bigger and hopes get inflated, I thought I should quote logiclife's post on "Order to Lie on the Table", that was discussed sometime ago for a different amendment. Enjoy the logic and humor.


    That's why there is a saying that you should never watch sausages and laws being made.

    The Cantwell amendment and Lieberman amendment will fail to pass the vote. It doesnt matter whether its ordered to lie on table or whether its ordered to take a nap on the table or have some lemonade on the table. And it doesnt matter what any of those "Motion to... " means.

    Both of those amendments, if debated, will fail. It will take 10 seconds for Bernie Sanders, Ted Kennedy and Dick Durbin to scream on top of their lungs and kill it. And the reason is very simple. There is a massive H1B exemption ON TOP OF 180,000 QUOTA. People who have been so successful this year so far in restricting H1 and employment based GCs are not going to miss that nice little H1 exemption at the bottom of both these amendments. So stop scratching your heads over what the "lying on table" means, because whatever is lying on table is unpassable if it somehow awakes from the table and starts dancing in the well of the senate floor.





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  • TomPlate
    01-09 04:04 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))
    It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.

    All EB priority dates are current.



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  • digitalrain
    06-25 06:50 PM
    The link below describes where and how to apply for humanitarian parole.


    USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)

    Thank you.
    Should I apply for my kid,or put his name, as if he's applying for himself?
    I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
    Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
    Thank you





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  • IV2007
    06-25 12:06 PM
    Guys,

    My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

    What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

    We have planned for H1 stamping back in India while she's on vacation.

    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree



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  • Michael chertoff
    04-07 07:33 PM
    Hmm. Another kela. Don't worry MC, your time will come.

    Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.





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  • desi3933
    03-03 12:30 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Its not even for ENTIRE employment based category either.

    As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

    PD can NOT be ported for EB-4 and EB-5 either.

    __________________
    Not a legal advice.



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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.





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  • admin
    05-21 10:46 PM
    eb3india,

    Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.

    A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.



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  • raj2007
    06-21 03:52 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.





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  • gcseeker2002
    05-29 03:50 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?





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  • gsc999
    01-19 02:35 PM
    Bump





    amitpan007
    06-29 03:21 PM
    Paying little extra for few months is better than remaining uninsured. Check with your employer and health insurance if there is a pre-existing condition clause for maternity. Usually, there is none and in that case you can take a cheaper individual plan for now to cover for office visits (and pay discounted rates for those as most of them will count against deductible in any decently priced plan you choose) and later shift to employer plan as delivery time gets closer. But one thing to keep in mind is that usually depending on employer size and health insurance company you choose, declaring current status as pregnant may add more premium later.





    walking_dude
    12-21 09:39 AM
    First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.

    ( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)

    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.



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