Saturday, June 11, 2011

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  • catchagarwal
    05-04 03:13 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

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  • qualified_trash
    10-17 07:31 AM
    It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.

    While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.

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  • arnet
    08-24 05:56 PM
    Instead of posting questions here, PLEASE send it to the email ( with proper format (as mentioned by IV member "sertasheep" in starting of this thread like name, city/state, question....) so that it will be easier for IV team to compile your questions. Just an idea....

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  • VSS2007
    06-25 10:10 PM

    I am also in the same boat. Looking forward to here some reply.


    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.

    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.

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  • ramana_akp
    12-18 08:37 AM
    thanks again for the feedback.

    I will check if the address of my attorney is correct ...meanwhile can anybody please tell me about the below question?

    Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??



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  • go_guy123
    02-15 01:20 PM
    If each state in India were a country

    There would have been no backlog.

    That is hypothetical thinking, talking from a** etc and a waste of time but yes ROW backlog would have increased instead.

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  • chanduv23
    07-11 12:21 PM
    Ok, Tikka (Rohika) is going - anyone else please join, I am from NYC but work in New Jersey. If I had known earlier I would have made arrangements. I will contact her and see if I can meet her tonight or tomorrow morning


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  • apahilaj
    01-25 07:30 PM
    yes we can just pray

    Not really...

    Stand up for yourself and please mail the letters if you haven't done so.

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  • desigirl
    12-02 09:38 AM
    What are chances of Dream Act?
    What are the chances of including our provisions in the bill?

    What happens if the bill passes without our provisions?
    What happens if the bill fails?



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  • grupak
    12-06 11:15 PM
    From personal experience, both I-485 can be filed and H1-B extended. Have an approved I-140. If I-140 not approved then need labor to be pending for 1 yr I believe.

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  • bajjuri77
    03-27 11:35 AM
    When you get the statement from an India bank, ask them to include the USD amount as of that date. That way you have both USD and INR amount in the statement.


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  • desi3933
    02-18 01:14 PM
    No, it is not legal.

    I just checked and it seems that you are right.

    It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 visa status holders can only do voluntary work.

    Not a legal advice.
    US citizen of Indian origin

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  • arnet
    11-02 12:13 AM
    yes, you need passport size photograph (2x2 inch) for AP/EAD. when you file I-485, you will file EAD/AP and for that you need photographs. you need atleast 2 photographs for EAD and 2 photographs for AP. check the photograph specifications in EAD/AP form instructions or in USCIS website. USCIS is very specific about the photograph, I know couple of friends whose EAD applications are sent back when they did meet their specifications. so pay attention to their specifications.

    check these websites for your reference inaddition to

    Disclaimer: I'm not an immigration attroney so please consult one for your situations as laws/procedures are changing constantly.

    Are passport photographs needed?


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  • willigetgc?
    12-03 09:36 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

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  • RollingStone12
    04-25 02:48 PM

    Take whatever Sh&*t you want...dont forget your son.

    BTW its not 'a' American and its 'an' American.

    Big LOL :)

    P.S: Dont tell your son you have money...:)


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  • GCard_Dream
    07-28 03:59 PM
    I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:

    Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.

    Any help will be very much appreciated.

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  • rkumar28
    10-22 10:32 AM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.

    Hi Prashanthi/Attorneys/Experts,

    I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
    Your advice is helpful.

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  • mjdup
    11-17 03:00 PM
    Welcome to the club achi goro :)

    This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.

    good luck,

    06-26 04:13 AM
    ...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.

    But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
    -- When a person is having vaild H-1B or H4 visa
    -- When a person is already having AP and is returning within the validity existing AP.

    07-12 07:59 PM
    thank you friend

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