Saturday, June 11, 2011

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  • Leo07
    02-01 11:22 AM
    Sorry, Link was on the first post.

    Here it is again:Organizing for America | | OFA Survey (

    please post a link to this survey

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  • dvb123
    10-05 12:20 AM
    Visit Vizag aka visakhapstnam

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  • sdrblr
    10-08 11:03 PM
    It is all about number game and you(IV or other lobby groups) may not have the # to make lot of noise for that to happen.

    I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.

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  • Dhundhun
    06-26 01:02 PM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

    No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.

    As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.


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  • glus
    11-19 01:06 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.

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  • Pallavi79
    01-11 11:54 AM
    <Quote>Pick your poison!</Quote>
    Good one.


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  • kondur_007
    11-09 02:54 PM
    Dear all,
    Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
    But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
    My quires are.
    1. Do i need to go for stamping in Canada or Mexico
    2. Can i work for company B with my H1B approval
    3. To start my new job, do my employer should change my status
    4. If going for stamping do my dependents also should join me.

    Actually i have very short time to make my plans , please help in finding solutions for all my quires.
    With Regards

    I have an entirely different opinion than what is mentioned above; so please read carefully:

    I understand that you are currently working on L1B visa and want to switch to H1b from Dec 19th. Your H1 petition is already approved.

    1. If your H1 approval notice (form I 797) has I-94 attached to it, that means it came with CHANGE OF STATUS. In that case you can simply start working from the start date mentioned on attached I 94 (will need new I 9 filed with employer; showing the change of status from that date as well).
    Now, your dependents will need to be on H4 status. Was their change of status filed along with your H1? If so and they all have H4 approval notice with attached I 94; they are ok and none of you need to go out of US for visa stamping.
    If you or your family do not have change of status (and therefore no attached I 94), change of status can even be filed now from within US; if that was not filed with original H1 petition; But you must file it before you can start working on H1.
    Another option is to go to Canada or Mexico for stamping for yourself and the family members; this is especially a good option if your education is from within US (something they can verify); if not they can ask you to go back to India to do so.

    So all depends on two things:
    1. Does your H1 approval notice have I 94 attached to it? what is the start date on that I 94?
    2. Do all your family members have H4 approval notice along with I 94 attached?

    If not; you either have to file change of status (and also H4 status for dependents if not already done) from here OR you have to get the visa stamped.

    Good Luck.

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  • sts_seeker
    07-05 04:29 PM
    What do you mean by stop jumping the line.My PD is from 2004


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  • kaisersose
    06-26 09:01 AM

    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?


    If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.

    Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.

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  • GCDream
    07-13 08:50 AM


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  • ingegarcia
    12-13 12:00 PM
    How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
    They usually do not receive a paycheck they receive cash instead :D .

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  • desperatlyinwaiting
    06-15 11:31 PM
    Ouch, that hurt.

    We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.

    Thanks for the advice.


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  • sai
    11-26 04:59 PM
    are you EB1, EB2 or EB3 and which Country?

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  • shortchanged
    08-09 02:04 PM
    For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.

    My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.

    My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.

    I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
    Any way I am not withdrawing these apllications myself,to avoid any confusion.

    Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
    I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.

    My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.

    Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
    I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals


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  • sertasheep
    09-01 03:20 PM
    At this rate, we will need to have 2 more thread/post categories- Humor and Rumors(one for those who speculate the outcome of visa bulletins, etc.,) :) :)

    Relax, and have a good Labor Day weekend

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  • trojan
    05-02 06:45 PM
    You can write a balance-transfer-cheque to your own name (which you can deposit to your checkings account) of amount upto your credit limit on that credit card.
    I had 25k credit limit on my credit card, so i could balance-transfer that much. usually if you have a 3-4 years credit history, you can call up the credit card company and ask them to raise your credit limit.
    Balance transfers - 0% APR are generally good for 9 months to 1 year loan only. So you will have to repay within a year. But you can keep doing that for 2-3 years till you pay off your complete loan.


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  • anilsal
    12-19 10:14 PM
    I think the idea should be to get the callers from IV over zip codes that are dispersed across the country. Plus the calls should be daily from a few of the members. Maybe like 5-10 calls per day till SKIL bill gets cleared?

    What do you think?

    Sen.Cornyn should get to know that his bill is important (of course the tech industry has made its intentions clear by pushing for it). Now if the members of IV also keep calling amidst the negative calling campaign from the anti-imm group, it would do us a world of GOOD.

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  • bkn96
    11-25 12:25 PM
    hi kprgroup,
    congratulation.. I am in same situation. My previous employer withdrawn approved 140, I moved to new employer after 1 year of 485 pending. I didn't filed AC21 papers and currently working on EAD not in H1 staus.

    I left PM to you.

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  • msandhu
    01-12 04:30 PM
    Whether you have used EAD or not is not an issues. You can file renewal anytime. Just send the current copy of your H1 while renewing. Also you don't need to go through lawyer to file EAD or renewal of EAD. I e-filed EAD for myself and my wife on my own the first time. I also filed renewals and got them in about 2 months time.
    Let me know if you need any information on renewal process.

    About AP: Since you have used AP, there is no expiration of I-94. Even when your AP expires, Ur I-94 is valid till you do not get a decision on your PR application.


    11-12 04:07 PM

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    WOW. People ask so many questions!!

    Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.

    Have fun.

    08-05 01:40 PM
    .. h1bs will be naturalized ...

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