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  • hibworker
    03-08 03:23 PM
    thats what gist of it i was not there
    the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.

    As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.

    Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.





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  • Lollerskater
    10-30 02:33 PM
    Look guys, I'm a J.Barret 10:25am NSC case. I've already gotten my receipt, but my heart really goes out to all of you. I understand your pain firsthand.

    What I want to say to you is, don't just sit here complaining. Do something! There are many other threads with advice as to what might be relevant to your case. Look around for CADude's posts. His information is very useful. I also posted my own experiences and solutions.

    Read everything. Find out exactly what the hell is going on. Figure out all the factors. Understand the situation. An old movie had the saying "Chance favors the prepared mind." It's true.

    I pray you will get out of this rut asap.





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  • superdude
    07-27 03:46 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
    My lawyer sends each and every piece of information. They sent 9089 for review,797 for labor also. They sent me the original approved labor certificate for my signature to file for 140. and also 797 copy for 140.

    Though the employer processes labor and 140, Employee should ensure the accuracy of the information on all the applications. Employer should not deny for this.

    These employers that abuse employees need to learn some lessons on how to treat their employees.

    I think IV needs to take an inititave on these small scale body shopping employers who are not treating their employers with respect and the dignity they deserve.





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  • h1techSlave
    03-17 04:22 PM
    Some lenders do not lend to H1/EAD. So if the cheapest lender happens to not accept H1/EAD, then you did not get the cheapest rate.

    In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.

    I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.

    When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.

    I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.

    good luck



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  • jnraajan
    03-14 02:04 PM
    Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

    Good luck with your job hunt.





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  • shruthii_1210@yahoo.com
    09-30 12:07 PM
    Hi,
    I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).

    Now i have the following questions.

    1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?

    2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?

    3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?

    4) I cannot get the LC copy also from my employer if at all i want ti use ac21?

    Advance Thanks for your replies ...

    Thanks
    karthik



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  • gc_check
    03-10 07:55 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.

    Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.





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  • Berkeleybee
    05-31 01:31 PM
    Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.

    Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)

    But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.

    What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.

    best,
    Berkeleybee



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  • GCwaitforever
    04-11 11:47 AM
    Congratulations on getting GC. You are out of this hellhole.





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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved



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  • ksarin1
    01-13 01:52 PM
    I understand what you're saying.

    I just want to know what should be done moving forward.





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  • aadimanav
    10-19 11:27 PM
    Processing Time Upated

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC



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  • pxu7728
    07-20 07:32 PM
    cut paste from website : murthy

    http://www.murthy.com/news/n_intead.html


    Interim EAD Procedure
    Posted Feb 23, 2007
    �MurthyDotCom
    The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
    �MurthyDotCom
    The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
    �MurthyDotCom
    The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
    �MurthyDotCom
    This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.





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  • gauravsh
    03-28 12:26 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Thanks, but will there be any charges against me for not filing the taxes before.
    WIll it effect my immigration status.



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  • gcforall99
    03-17 10:42 PM
    Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.





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  • number30
    04-04 02:08 PM
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?

    Call SS office they may give SS on phone or just go and ask them they will give you the number based on which you can apply for passport.

    If you apply PIO in person and pick it up in person It will take around week.



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  • ajay_hyd
    01-22 02:27 PM
    i got similar message, but this was for Advance Parole not 485...

    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Document OTHER THAN CARD manufactured and mailed.

    On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.





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  • d15photographer
    August 13th, 2006, 02:31 PM
    on aug 9, nikon anounced the "D80" http://www.dpreview.com/articles/nikond80/

    im thinking about making the jump from my pentax ist ds to nikon... i just started photography and think i sould swich to nikon while i still can. i have a few sd cards and think it would be ether the d50 or d80, would it be wourth spending the extra $200 or $400 on the d80. i like the 10mp, the Multiple-exposures capabilities, 100iso ect.

    any thoughts





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  • asdf123
    10-26 04:09 PM
    Applied at tsc on 2aug card prodn. ordered on 23rd oct. But I have received 3 lud's after that on 485 and 2 on 765, my 140 is still pending at TSC applied on 29 of july.
    can anybody guess what is it for?





    pappu
    07-23 01:28 PM
    How does it matter ? Getting the application delivered is important.





    caforum2
    06-18 04:33 PM
    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.



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