Wednesday, June 15, 2011

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  • gimme Green!!
    01-02 03:43 PM
    Thanks Sam

    Yes, as per the new guidelines time spent on H4 does not count towards H1.




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  • chanduv23
    01-14 05:06 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks

    A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.




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  • zeta7
    03-25 06:55 PM
    Sorry to hear about your luck. Like Skalra mentioned, I too would look into using your AP to re-enter. You said that you had already received your EAD, so I'm assuming you applied for AP too? Otherwise I think you'll just have to weather it out. Based on other posts here I think it'll take 4-6 weeks to get verification done.

    And can they really just hold your passport at the embassy? Can't you request to have it returned, if for example, you want to use the AP option? Perhaps some other scholars here can answer that question.




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  • TeddyKoochu
    12-28 12:21 PM
    Does the I-9 need to be refreshed each year?

    I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).

    Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.

    I don't know how often the I9 has to be refreshed but it maybe 6 months to a year when I came back last time my employer asked for the I94 for I9 filing so they may most likely have your I94#. The I94 is the one that determines our legal status. The I102 process is long and not worth it, try talking to the local customs and immigration folks I know it may sound scary but most likely if they cannot issue you a replacement one they won't prevent you from travelling. As long as they are able to create a departure record for you for the 29th that should be ok, normally that is what happens with the I94, the airline staff submits it to these folks who would scan and enter in the system. To make things easy the best way is if you can get the I94# in anyway or you can just choose to travel nothing should stop you, but its always good to be honest and report things to the concerned agencies. All the best and good luck.



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  • sdrblr
    08-21 02:33 PM
    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.


    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.




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  • immigrationvoice1
    04-09 12:14 PM
    Planning to use AC21 Portability and work on EAD.

    If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.

    Thanks in advance for your reply.

    I do not think one can continue working if the existing EAD has expired and the renewal has not arrived.Though, one is still in AOS but simply cannot work till he renewed EAD arrives.

    This is what I gathered from various websites so far but would like to see some comments from the experts here.



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  • hankles
    12-09 05:35 PM
    O*Net Online website has a useful tool to learn which other occupations relate to one's present occupation. Simply enter your O*Net/SOC code and go to "Related Occupations".

    This may prove useful for inidividuals searching for jobs in "similar" occupations. Altough this information can be very handy it goes without saying that every case is different and one should not solely rely on this.




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  • saileshdude
    10-06 05:06 PM
    We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

    PD: Feb 14, 2005.

    I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

    Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

    Please help! :(

    Do you know why your case got transfered to VSC. Do you live in Vermont or NH?



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  • chintals
    11-05 06:29 PM
    No FP yet!




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  • Immi_Chant
    07-28 05:01 PM
    Thanks roseball and kriskris for your responses.

    -Immi_Chant



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  • JeffDG
    02-15 03:50 PM
    While this may seem "out there", it's not really.

    US Immigration Law recognizes some administrative divisions within countries. Take Northern Ireland as the classic example. You cannot apply for the DV Lottery if you are from the UK, except if you are from Northern Ireland, yet Northern Ireland is firmly part of the United Kingdom. I'm sure there are others as well that are recognized.




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  • JoeSixpack
    09-04 07:45 PM
    It seems I spoke too soon about having that bold problem tucked away. It does work like I mentioned. However if upon opening the window i first click the bold button then click in the textbox, the bold button will return to its unClicked state. It is only if i first click the bold button and begin typing without clicking in the textbox before typing that it retains its isChecked state and the text is bold.

    (This is how it is working after adding the MainRichTextBox.Focus to the cs file.)



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  • sledge_hammer
    06-25 11:07 AM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.




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  • mbawa2574
    07-07 07:53 PM
    I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.



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  • blondhenge
    08-31 09:15 AM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.

    However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.




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  • gettinthere
    01-08 10:50 AM
    Hi

    I have copies of my Labor certification and I-140 approval notices

    If I change job under AC21 portability, do I need to have originals to be on the safer side, or copies are equally fine?

    Thanks



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  • lazycis
    04-16 10:00 AM
    When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.

    Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.




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  • ski_dude12
    05-04 02:34 PM
    Thanks for the reply.




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  • bpratap
    02-04 03:36 PM
    My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

    I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

    I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


    its the same co. which filed my I-140 & I-485.




    gsc999
    02-09 01:25 AM
    I went to usa on h4 one yr back.h1 is approved on nov2007.Before approval i faced one query because my employer assaign she is going to work on particular location,he mentioned city of USA also.So they raised query why only that place.My employer replyed that query and after few months i received I-797B form in the place of I-797A approval notice.That says i am not applied h1 from USA.In that time we mentioned, we are applied from USA.In that situation i have to go for stamping .But I have other option,we amended that h1 I-797B.We did premium process.With in one month i got h1 approval notice in nov2007.
    I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
    Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
    Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
    Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
    In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
    Need Advice pls.
    --
    To attract responses you will need to reframe your question in a simple language. I hope you will do that.

    On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.

    See below for more details:
    https://www.vfs-usa.co.in/Home.aspx




    retropain
    08-24 06:05 PM
    greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...



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