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  • max714
    04-09 10:48 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.


    A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.




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  • WillIBLucky
    05-30 01:39 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.




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  • Libra
    10-24 10:08 AM
    yeah it took almost a year to send an RFE that too after repeated calls to CIS.

    Libra,

    Congrats!!! Did it take an year for the RFE itself???

    Romesh and naresh,

    Any updates?

    thanks,
    Sampath




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  • gc_on_demand
    06-16 09:33 AM
    Please call lawmakers. We have full commitee hearing on 23rd and then soon we will on floor for voting. If we wont call then it may not make it to floor. For details go to home page.



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  • CCC
    07-05 02:19 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.




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  • FinalGC
    12-02 01:21 PM
    If your company is paying for GC, then go ahead and apply for GC and hope 140 will be approved, so that u can apply for H1.

    Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.

    1. Go back to India after 6year expires
    2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
    3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status

    hope that helps



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  • cox
    November 2nd, 2005, 12:31 AM
    Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't...

    Yeah, but I respect the opinions of the web-browsing advisor more... :)

    Need some urgent help [Archive] - Immigration Voice

    View Full Version : Need some urgent help





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  • LostInGCProcess
    09-18 05:31 PM
    LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

    AOS can only be use after his I140 is approved.

    Thx

    That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.



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  • jonty_11
    07-05 04:41 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
    there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...




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  • TheCanadian
    11-25 03:16 AM
    You probably noticed, but that's what he is doing. :dilbert:
    No I sure didn`t :thumb2:



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  • ARUNRAMANATHAN
    06-12 07:24 AM
    immigration1111

    Please confirm this .... couple of things USCIS grants for professional with this situvation

    1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )

    2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware

    3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....

    Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee

    Hope this helps and Good Luck to him !

    Arun




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  • Mahatma
    08-15 09:56 AM
    Welcome VDL Rao and continue to bless us through your wisdom.

    Sorry if somebody offended you knowingly or unknowingly.

    The best parameter of your recognition is: so many people wait to hear your words.

    Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.

    I am pledging to double my recurring contribution for next 3 years.

    Regards.



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  • fromnaija
    07-20 04:34 PM
    You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......

    Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)




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  • snram4
    01-19 09:42 PM
    People voted Obama just for economy and jobs. I remember when Paulin was announced GOP was leading for 2 weeks. When Stock market started tanking with demise of Lehmen GOP started losing. Imstead of not concentrating on economy he started working on healthcare. So democrats lost. In this situation he will realise now and he will take economy as first priority and immigration will be last 10th priority. Immigration group may have defend many anti immigrant bills and memos in this year. But nothing will be passed either for or against immigrants. Status quo will continue for 2010. This nov Election results will decide CIR 20111

    Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!



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  • abhatti
    07-16 02:56 PM
    where do you all see/consult for updates or news on USCIS activities?




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  • guyfromsg
    07-17 11:09 PM
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    Thanks for the link. My lawyer didn't explain clearly why he filed in Texas. This document says even though direct filing is effective July 30th you can still file to the appropriate service center. I reside in GA and so TSC is the right one. Thanks again.



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  • TeddyKoochu
    10-26 01:49 PM
    is this what you are asking for?

    http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf

    This one looks like is pre Sep 2009 Approvals, we are looking for the updated one which should show very few numbers for EB2 - I, 2003 and 2004.




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  • leoindiano
    07-09 01:45 PM
    Buddy,
    Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.

    GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
    Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:

    Needless to respond...but cant stay calm....

    We were trying to track what is going on? 15 days was the published deadline. Priority date of mine is Nov 2004. You can check my previous posts. You are the one who was harsh to start with. Now you are talking about english. You got the boomarang.. good luck




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  • ilikekilo
    07-17 08:42 PM
    I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.

    Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.

    Thanks for your understanding


    so what is your point? ?

    FYI ksirh its noth how much u contributed? its the way u ask! pl wake up




    xbohdpukc
    03-26 07:30 PM
    Well... thanks for your reply but maybe you are one of the lucky ones who never been scr... up by the lawyers in the past. Well.. I have and others as well. Just becuase the lawyer says "it can be done" (read: pay now and we will see what USCIS will say later) I am not necessarily going to believe in that ...

    CIRcus is in the early stages of the show so hopefully it will pick up the steam soon I will not need to go through the EB2/EB3 pains ....

    It was done well in my case. Takes a lawyer who knows what s/he is doing though. Gluck.




    santb1975
    02-14 08:01 PM
    ^^

    For the same reason, please help yourself to the NORCAL thread;)



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