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  • Positive
    04-30 09:10 AM
    For any reasonable immigration reform to pass, politicians need an urgency to act. That urgency comes only from an imminent threat to their sitting offices - beyond party lines.

    People who are stuck in the immigration process should do a better job in uniting and in working with registered voters so that the issue of immigration reform is a concern for any incumbent elected official.

    No one approach is perfect but undocumented workers do a better job in connecting with their community and letting their voices heard than so called "skilled immigrant" community. Our silence makes CIR amnesty and will be dead on arrival.





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  • sdas
    12-02 10:28 PM
    but, the title of your thread sure sounded like an AD. You could have titled it as "Need advice on H2-B non immigrant visa" or something like that..





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  • jackisback
    05-04 12:08 PM
    Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.

    Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?

    This should be coming from USCIS or the attorney's offices...





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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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  • desi3933
    03-19 01:21 PM
    .... once your 6 years cap is over and AOS is denied you cannot get extensions. ...

    Correct.





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  • spgtopper
    02-03 09:09 AM
    Seems like a step in the right direction....

    S.



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  • kart2007
    01-17 10:34 AM
    All the metros are crowded in India. Bangalore & Pune have more IT opportunities and have good schools.

    I second that. Pune has great education and not as crowded as Bangalore, but you can't go wrong with either place.





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  • HRPRO
    02-10 09:29 AM
    Dude Really?

    LA and Bay Area in the same county?



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  • waitnwatch
    07-16 02:38 PM
    Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.

    Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.

    I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.

    I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position

    But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules





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  • sunny1000
    05-04 01:41 AM
    Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.

    I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.

    My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?

    Thanks

    Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".

    It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.

    Good luck with your trip!



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  • gmail
    12-21 12:47 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.





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  • gcpadmavyuh
    10-07 11:08 PM
    Hi Parimmigv:

    Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

    If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

    If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

    485 iteslf is a separate status called the adjustee or parolee status.

    Now to your questions:

    1. what status am I on right now ?
    Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

    No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

    3. How to move to EAD as I don't want to pay payroll fees ?.
    Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

    BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
    attorney. I'm 99.99% sure of this.

    good luck!
    Hello:
    Can some please help me here ?.

    Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

    I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

    1. what status am I on right now ?
    2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
    3. How to move to EAD as I don't want to pay payroll fees ?.

    Thanks,



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  • Libra
    08-22 08:05 PM
    dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.





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  • funny
    08-13 12:41 PM
    Hi Folks

    I have 2 Approved I140's.

    EB3-I PD oct 10, 2003 - Approved - TSC
    EB2-I PD July 6th 2006 - Approved - NSC

    I filed my 485 on july 2nd 2007 - TSC

    RD July 2 2007
    ND Aug 16th 2007.

    My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.

    I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.

    Thanks



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  • hebron
    10-11 06:56 PM
    That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?


    Yes, They will take you seriously. Just complain to DOL.





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  • aries22
    07-18 10:15 AM
    I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!

    I've never heard of it.Can you pls post if you find it?



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  • theconfused
    03-18 05:08 AM
    Dear All,

    My history has be read at -

    http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553

    Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.

    On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).

    On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.

    The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?

    I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.

    Do you guys have any idea what is likely to happen when i submit my passport?





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  • never_giveup
    11-05 02:26 PM
    I find it difficult to digest that parents ship their infant children to someone else to raise.
    Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
    A debate on this is probably not warranted, as its subjective to every individual's situation.

    And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.





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  • Green Card Aspirant
    03-24 07:23 PM
    I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??

    Thanks in advance





    go_guy123
    07-14 09:51 AM
    easy way out :) mexico to san diego

    Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.





    kirupa
    01-17 09:22 PM
    Added!