måndag 13 juni 2011

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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.




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  • AmitBohra
    04-17 02:19 PM
    i talked to my lawyer and he says you need to withdraw the old 485 and apply for new 485 using marriage. he also said that once i withdraw my 485 based on employment my EAD will be revoked too and till i dont get my EAD through marriage i can work. All this didnt make any sense to me. I think he doesnt know what is he talking.

    I believe more in IV gurus....

    Oh fiancee and finance so damn confusing...I wish i could get some finance...lol




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  • cox
    October 7th, 2005, 02:10 AM
    ...What shutter speed did you get for the geese images?...I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.

    Thanks guys. I used the following for the "good" photo: Focal length:840.0mmExposure time:0.0012 s (1/800)Aperture:f/9.0ISO equiv.:400Metering Mode:spotExposure:aperture priority (semi-auto)
    with the 12mm tube. I have learned the value of stillness in photographing birds and small mammals. In fact, just moving really slowly, like you are doing tai-chi, seems to shorten the spook time before the animals come back.


    Great cardinal, Gary. I've had some problems with the small birds, but I am still trying...




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  • mirage
    04-20 11:31 AM
    Now I have started to feel nothing is going to happen. They all want to show us carrots, but we'll get sticks. I'm feeling down I am writing a very old hindi song sung by ishore Kumar. I feel as if this song was written for for all of us. I'm sorry for writing this here, but I wanted to share this, as I have this CD in my car and whenever I hear it, I feel I need to share with you guys.

    Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
    oh my sad soul do not live where there's no peace.

    dard hamara koi naa jaane aapne garaj ke sab hain diwane
    Nobody feels our pain, everybody here is selfish

    kise aage rona roye des paraya log begane
    infront of whom you are crying, it is an alien country and alien people

    Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
    oh my sad soul do not live where there's no peace.

    apne liye yeh sab hain mele hum hai hurek mele mein akele
    for me all these celeberations are meaningless as I'm alone here

    kya payega isme reh ke jo duniya jeevan se kele
    what will you get living in this word where people play with lives

    Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
    oh my sad soul do not live where there's no peace.



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  • sai_srinivas
    05-31 08:09 AM
    Can someone provide their experience/opinion on this?




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  • FinalGC
    08-15 09:28 AM
    I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.

    I would wait for sometime, until the dust settles in your new B company before you move to C



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  • qualified_trash
    05-31 02:08 PM
    berkeleybee,

    this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.

    thanks.




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  • little_willy
    09-27 01:24 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.



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  • nfinity
    07-17 09:46 AM
    Its I-485 which indicates immigration intent. Its right there in the conference call. Someone asked the same question in relevance to filing for F1.




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  • Redeye
    01-08 04:14 PM
    However I got two sets of EAD and first set AP with second AP approved (latest from this morning). I am also travelling to India, technically I am in the US for both AP approvals. Done both finger printings. Not sure if this will cause a problem down the line.

    My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.



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  • GreenCard4US
    08-21 02:40 PM
    Sorry about the dates, I have corrected them.




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  • gcformeornot
    01-12 09:52 AM
    lots of delays for many applicants. I personally know 2 people waiting. One waiting for more than 2 months. Other one just about a month.....:eek:



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  • rolrblade
    01-11 01:52 PM
    Thanks for suggestion
    if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them

    Heh Sravankand:

    I think I can provide you some help here, but please can you re-explain your situation here. I got lost in the english (and I do not mean this in a bad way). Sometimes, what is very obvious to you is not so clear to someone else.

    It seems from the tone of your reply that you are looking for help, so please rewrite your post explaining a little better and avoiding SMS type english.




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  • reverendflash
    10-21 03:46 AM
    Yeah, if I had anything but a 9pin dot matrix printer I could have made the heart red (lol - it took me a heck of a long time to make it even semi-resemble a heart) :P

    used up 1/2 a ribbon to print... :P

    funny, I hadn't thought of that in years... that was right before the end... :-\

    Rev:elderly:



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  • gc_chahiye
    07-19 01:55 AM
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.




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  • fromnaija
    11-14 11:47 AM
    Unfortunately for renewal and replacement EAD you will have to pay the new fee of $340 and yes your EAD will be valid for only one year.



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  • vegasbaby
    06-04 03:05 PM
    The bill looks good on paper. My problem is that it also contains giving the same rights to 'gays'. I personally am not opposed to that but it should not happen that the conservatives in the house & senate take an objection & eventually defeat this bill.




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  • Devils_Advocate
    03-20 05:24 PM
    Nothing new in this, this is the same Grassley's TARP H-1B amendment thats been on for so long. Its just been released officially by the USCIS now




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  • glus
    09-28 07:31 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!
    The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
    The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
    Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
    You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.




    jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.




    Narend
    10-27 09:17 AM
    Hello,
    Couple of things here.
    You did not tell that even when she got her H1, does she still have valid H4?
    I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.

    She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.

    Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?

    Cheers,



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