Wednesday, June 8, 2011

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  • GCSOON-Ihope
    11-04 05:32 PM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,
    pan123

    Of ourse you can always find a new employer!
    However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
    Whenever you want to switch jobs, you have to apply for a whole new H1.
    Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
    what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
    In your situation, just file a new H1 with a new employer, that's it.





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  • vsuri
    02-15 09:49 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.

    Federal Trade Commission [FTC] indicates at:
    Mortgage Discrimination (http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea08.shtm)
    that:
    "[A lender cannot] consider your sex, race, or national origin, although you will be asked to disclose this information voluntarily to help federal agencies enforce anti-discrimination laws. A creditor may consider your immigration status and whether you have the right to remain in the country long enough to repay the debt. "

    The above information is relevant to Mortgage loans, but other loans may be subject to similar anti-discrimination statutes.

    Follow the "If You Suspect Discrimination" section of the above web page to file a complaint.





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  • nrk
    06-04 08:32 AM
    Hi Guys,

    This is my second job on EAD and never filed AC21. Do we need file one (Is it mandatory or optional)





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  • masti_Gai
    01-05 12:50 PM
    He needs to find a consultant who can sponsor a H1B for him. But H1B for this fiscal year is over he might have to wait for the fiscal year of 2008



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  • glus
    10-15 11:16 AM
    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.


    The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.





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  • NELLAIKUMAR
    08-14 11:20 PM
    I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.



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  • gcwait2007
    12-26 10:16 AM
    Once again Thanks, Bestin.

    I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.

    I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.

    I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?

    ^^^bump^^^^

    any answer please? When I am working on H1-B, why should I keep my EAD current?





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  • detroit2009
    07-11 03:48 PM
    THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.


    My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).

    My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.

    What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)



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  • sri1309
    04-11 10:43 PM
    Gator,

    I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
    485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
    I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
    Sri.





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  • frostrated
    10-26 02:03 PM
    "NO right turn on Red" can be thought of as an image. Whenever we read anything, we do not actually read the spelling of the word, but we look at the image the words form. That is the reason we sometimes have difficult when the letters are not legible as the image does not map to anything in our permanent memory. humans or any animals recognize through visual stimulii, not reading. Think more on this, it is interesting to the solutions that come out of it.



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  • kpchal2
    03-17 10:34 PM
    HI
    I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation

    company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.

    Changed company to Company B in May 2006.

    Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.

    Changed company to Company C in Jan 2007.

    Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.

    I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.

    Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.

    Thanks





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  • factoryman
    06-14 05:57 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.



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  • gcnirvana
    04-30 12:37 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!





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  • bugsbunny
    05-20 03:44 PM
    What exactly does "OP" stand for?
    Original Poster or something similar :p



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  • desi3933
    02-23 03:20 PM
    .....
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
    ........

    No.


    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?

    Refer to my previous post on this thread.


    _________________
    Not a legal advice





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  • rameshvaid
    08-07 03:07 PM
    I did the same with my family in 05. Pretty simple. Go for it. Good Luck. Make sure MARK YES to the question of Your Status in Canada as Permanent Landed Immigrant while filling up the form for H1 intervies at American Embassy.



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  • dreeft
    10-28 10:43 PM
    Sounds complicated. I don't want to rain on your parade, but having more than one person in a freelance "business" (a business is anything that earns money) is very complicated. You have to work out tax and wages.

    I'd suggest starting alone and then getting someone to help you, or share work with some else in a similar situation.





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  • theMan
    01-12 09:16 AM
    If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.

    Evaluate the odds of 485 denial and then take a decision (H1/EAD). Just don't get into analysis/paralysis mode.





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  • atlgc
    11-12 11:49 AM
    hello

    i am applying for german airport transit visa

    i am travelling from chicago-frankfurt-bangalore on nov 30th and returung on dec20th bangalore-frankfurt -chicago

    in the application there is a question for date of arrival/departures

    do i need to palce nov3oth and dec20th


    any help/experiences are appreciated





    Leo07
    02-17 04:06 PM
    Upgrade is any day a better option.

    But, given your Dec 2001 PD the number of EB3 applications before you is less than 1100.
    Source:http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    I'm thinking that you'd get your GC before your EB2 PERM can get cleared.

    My 2 cents...





    stucklabor
    07-12 09:24 AM
    EADchallenged, please check your PM.



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