chantu
09-03 11:44 AM
Yes, u r lawyer is right. It is fine to skip.
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
Hi - I currently have my H1B(H4 for my wife) valid till Mar 2011 and EAD expires on 10/15/08.
Can I skip the renewal process for now and apply for EAD later?
My lawyer says it is OK to skip for now and apply for EAD/AP anytime as long as I-485 is pending.
Please advise.
Thanks,
new2gc
wallpaper Map 2: Texas State
wait4ever
08-08 12:19 PM
Congrats...remember folks are waiting for over 10 years...and still not CARD PROD ORDERED e mail...so be happy and enjoy!!!!
Folks
Appreciate the sentiments - I hope & pray that everyone gets approved very quickly - all on this forum are deserving types without any doubts -
BUT
Could I have an answer to my questions please ?:)
Folks
Appreciate the sentiments - I hope & pray that everyone gets approved very quickly - all on this forum are deserving types without any doubts -
BUT
Could I have an answer to my questions please ?:)
JunRN
10-08 06:29 PM
I don't believe it must be FIFO...just as what I told in the other forum.
It must be:
FIFT - First In, First Touch
and then;
FCFO - First Complete, First out
(Complete: approvable and PD current)
It must be:
FIFT - First In, First Touch
and then;
FCFO - First Complete, First out
(Complete: approvable and PD current)
2011 Regional Map of Texas
dtekkedil
07-05 01:25 PM
Guys inorder for DOS or DHS or USCIS to get the message they will FIRST and FOREMOST have to understand WHO Gandhi is. For that we will have to attach a few pages of documentation about Mahatma Gandhi. By the time the message gets to the correct person's hands AND he/she understands the true meaning of the message, the person will think we insulted them, coz the the flowers will be dead and dried up and STINKY.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
Folks... the flowers are just one part of the campaign. The other part is where we notify every major news media about what we are trying to do (we will mail them on July 9th). That is where we let people know what we are trying to achieve. The flowers are a means to an end. Something to attract the media.
We hope that the media will cover this event since it is so unorthodox.
more...
Lasantha
07-02 09:32 AM
will they throw it out because it reached in July? Oh well, just have to wait and see...
I don't think so. I see lots of posts on this thread where the packages were actually accepted by NSC today. So you should be good. :D
I don't think so. I see lots of posts on this thread where the packages were actually accepted by NSC today. So you should be good. :D
ca_immigrant
02-07 05:54 PM
I think culture vs quality of life is a different thing.
I am not saying that one place is better than the other...
There are many things for which I love living in the US...long list...
there are many things for which I love living in India...I think the list might not be as long as the US one....
2 of the main things I miss in the US.
1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...
Again, I am not saying life is easier or better in one place compared to the other...
If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)
Both are great countries with plus and minus....
Peace !!!
All the best to all my friends here (the ones who stay and the ones who go back ) !!
I am not saying that one place is better than the other...
There are many things for which I love living in the US...long list...
there are many things for which I love living in India...I think the list might not be as long as the US one....
2 of the main things I miss in the US.
1. Parents , Siblings and extended family....I do not know how much time anyone will have for me if I were to go back -:)
2. Culuture...mainly for the kids...here once the kids are 10 or 11 I think you cannot tell them anything much...they have thier own mind and will not listen to you....and might end up making wrong decisions...again not saying that this is 100% safe in India...but agian in India I think the kids listen to you till they are a little older....this helps as they might be a little more mature by then and hopefully will make more wise decisions...
Again, I am not saying life is easier or better in one place compared to the other...
If I were to go back to India (which is what we plan to do in 2 years from now) then it will be becuase of the 2 main reasons above...I really wish there was a work around for the 2 above and I would then stay back -:)
Both are great countries with plus and minus....
Peace !!!
All the best to all my friends here (the ones who stay and the ones who go back ) !!
more...
anilsal
07-20 11:04 PM
Please use this thread to track your TSC EADs (Paper-filed). ****No E-File based filing details here****
* Please do not ask questions about your case.
* Only Paper Based Filings should be tracked on this thread. Please use the other tracker threads.
* Provide details about your filing date, RFEs and approval dates here.
Additionally, do consider the "High Five" Campaign.
http://immigrationvoice.org/forum/sh...ad.php?t=20183 (http://immigrationvoice.org/forum/showthread.php?t=20183)
Other Trackers:
NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
NSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20344 (http://immigrationvoice.org/forum/showthread.php?t=20344)
TSC EAD E-File: http://immigrationvoice.org/forum/showthread.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20347)
NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)
* Please do not ask questions about your case.
* Only Paper Based Filings should be tracked on this thread. Please use the other tracker threads.
* Provide details about your filing date, RFEs and approval dates here.
Additionally, do consider the "High Five" Campaign.
http://immigrationvoice.org/forum/sh...ad.php?t=20183 (http://immigrationvoice.org/forum/showthread.php?t=20183)
Other Trackers:
NSC EAD Paper: http://immigrationvoice.org/forum/showthread.php?t=20345 (http://immigrationvoice.org/forum/showthread.php?t=20344)
NSC EAD E-File: http://immigrationvoice.org/forum/sh...ad.php?t=20344 (http://immigrationvoice.org/forum/showthread.php?t=20344)
TSC EAD E-File: http://immigrationvoice.org/forum/showthread.php?t=20346 (http://immigrationvoice.org/forum/showthread.php?t=20347)
NSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20349 (http://immigrationvoice.org/forum/showthread.php?t=20349)
TSC AP: http://immigrationvoice.org/forum/sh...ad.php?t=20348 (http://immigrationvoice.org/forum/showthread.php?t=20348)
2010 texas map - northeast
conchshell
05-11 08:49 PM
Its amazing how this community reacts to these set backs. For last few months I have been consistently seeing people with EB-3 complaining and pleading to the community to come together and join hands to eliminate the country cap. But most of the words fell of dumb ears. Most of the EB-2 members did read the pleads and requests, but did not bother to take and concrete actions or even comment on it.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
Now that the EB-2 is regrogressed to 2000, suddenly all the EB-2 members jump in. What happened, friends?
This is plain selfishness - on the part for few lil stratured people. They should be ashamed of themselves or even to comment on these forums and come up with ideas.
You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.
more...
hindu_king
05-08 02:28 PM
The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all. I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same...
More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)
I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.
More... (http://blogs.ilw.com/gregsiskind/2009/05/june-visa-bulletin-reveals-terrible-news-for-eb2-indians.html)
I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.
hair Map of Texas Metropolitan
Pineapple
10-26 11:55 AM
Thanks for clarifying. At first glance, the points you propose seem eminently reasonable and cannot be disputed. However, the real issue here is not what we "should" but what we "can".
Re contacting NumbersUSA and FAIRUS, do go ahead but I'm certain there is no chance of them holding hands with us and singing 'Kumbaya'. The discussions and postings on those sites look like they have been written up by "Ed Anger" of the World World News :D
And re toning down immigration bills to our advantage, you have to recognize that the primary issue is not that a bill will be passed which will not be optimal - the issue is whether any bill will be passed at all.
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
Re contacting NumbersUSA and FAIRUS, do go ahead but I'm certain there is no chance of them holding hands with us and singing 'Kumbaya'. The discussions and postings on those sites look like they have been written up by "Ed Anger" of the World World News :D
And re toning down immigration bills to our advantage, you have to recognize that the primary issue is not that a bill will be passed which will not be optimal - the issue is whether any bill will be passed at all.
Hi Pineapple,
That is my favorite fruit !
Very simple.
1. We should focus our resources and lobbying efforts to tone down immigration bills on our behalf. Spending our money to go there and put one more soul to say to Sen. Specter "vote for this bill" does not cut it.
2. We should use our lobbying resources and connections to contact decision makers from NumberUSA, FAIRUS.org and other major organizations and communicate our plans. We should clearly adopt a position against any bill which supports amnesty and offer a sensible, reasonable and fair quantitative increase in Employment Visa numbers. An example of reasonable proposals would be temporary increase of visa numbers, elimination of visa lottery and reallocation of visa numbes to EB, visa number recapture.
Thanks for asking.
The Ombdusman
more...
badluck
07-02 08:36 AM
Fedex sent June 30
hot Texas Regional Map
desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
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house Texas Republican Electoral Map
trd
07-20 10:23 AM
I Pledge $100
tattoo Texas Road Map
modvik
05-02 12:12 AM
If any of these do succeed to make it through the congress, does it mean that the retrogression problem be totally eliminated (at least for the short term)?
more...
pictures File:East Texas map.
caydee
08-31 11:40 AM
Received CPO email 31Aug10:)
dresses Map of Texas
sparklinks
09-05 01:03 PM
sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.
Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.
Good luck.
Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA
Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.
Good luck.
Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA
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makeup View LocationView Map
pyrosleepy
10-30 09:27 AM
Why not we all hope for the best and expect the worse
girlfriend (Click on the map for an
desi3933
06-28 11:37 AM
However if someone takes the company to court based on "Immigration Reform and Control Act of 1986" vs hiring an H1B, how can the company legally defend itself against this law ?
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
on what basis?
You need to show legal ground to file the case. First, read I-9 form.
From legal point of view, Employer has no legal obligation to file H-1B for any job applicant. Infact, employer can chose not to file H-1B extension for current employee.
Why don't put your question in attorney forum?
.
hairstyles Fullsize Texas Map
GC2006TSC
11-17 03:16 PM
Done!!!
asdqwe2k
07-02 03:15 PM
Your greed got you...
h1bmajdoor
07-07 08:57 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
some people say this was because of the Kennedy-Bush bill... to get good press for the bill.
IMO that may be true, but having seen the way US works, i'm willing to bet 25 cents that some high official's bonus depended on ending retrogression. So he did it, for all of 2 weeks.
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