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wandmaker

01-02 02:30 AM

1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?

If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck

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ravi.shah

01-06 01:33 PM

As always, lets hope that some or the other bill materializes and provides much needed relief to those waiting in line :)

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zCool

01-30 01:41 PM

Sent email to all the ones below..
Use following list!

editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
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ab2k7

07-05 04:19 PM

Thanks for your response, paisa. Does that mean start over the whole process from LC for GC again? As per this doc there is a difference b/w LCA for H1B and LC for GC. So incase a H1B employee files LC for GC, does he also need to maintain LCA in parallel? This is still not clear to me.


I've found this doc from
www.lawmh.com/practice_areas/pdfs/H-1B%20Visas.pdf

'
Labor Condition Application (“LCA”): This document attests to the DOL that the employer will pay the prevailing wage and that hiring the H-1B worker will not adversely affect the wages and working conditions of U.S. workers. The LCA must be certified by the DOL, and included in the H-1B package. The LCA process is now streamlined with the use of electronic filings. LCAs can be obtained in a matter of seconds. NOTE: The LCA is not the same as Labor Certification for green card purposes. For an LCA in connection with an H-1B, there is no need to advertise the job or to test the labor market
for U.S. workers.
'

Would appreciate if someone can shed some light.

Thanks in advance.

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thepaew

09-24 02:45 PM

Hello Seba

If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.

Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.

I am not an immigration expert - so please seek an attorney's advice.

Wish You the Best

Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.

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dehradoon

11-13 06:08 PM

ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.

Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's

So, The bottom line is if -
I140 approved and 485 pending for more than 180.

START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1

THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.

OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL

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leoindiano

03-17 10:45 AM

and years too...I am talking about cases with india-2004-PD only.

EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...

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needhelp!

06-16 01:23 PM

Thank you rsdang..

No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.


Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.

I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�

Please Please Please pick up that phone and call�

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mita

12-04 04:04 PM

It was in Breaking News.....

http://timesofindia.indiatimes.com/

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mnq1979

12-11 01:19 PM

I have recently completed my MBA(Finance) through online university and tell u guys wat its really nice and tough. so go for it
its devry university with the mba school name KELLER GRADUATE SCHOOL OF MANAGEMENT...make a serach on yahoo n u will get it

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mmandal

06-08 12:18 PM

Chanduv23 wrong on both counts:

"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."

No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.

"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."

No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.

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fortune50

07-17 10:52 PM

You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:

USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485

This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.

what does this mean ? did I file to wrong Service Center?:(

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LostInGCProcess

09-18 04:25 PM

If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?

NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.

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Berkeleybee

04-07 09:03 PM

About the appeasability of Sensenbrenner check out :

http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168

My favorite bit is the one in where the article says about Sensenbrenner

"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."

I very much doubt that he will be swayed by faxes. ;-)

best,
Berkeleybee

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styrum

06-12 03:10 AM

He doesn't need an H1B transfer to be approved to start working for the new employer, just "filed".

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jediknight

09-16 02:05 PM

It's time to tell CNN not to give a platform for racists.

Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)

Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)

"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)

Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.

- JK

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sreedhar

11-06 10:22 AM

I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



Thanks,
Sury

-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER

Recieved EAD Card and FP done.
-------------------------------

Why you worried about PDs...Yours is 2007....have to wait several years.:D

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BeCoolGuy

04-13 08:02 AM

Always speak the truth..!!!

Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.

Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.

Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.

Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...

AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.

Goodluck

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mhtanim

07-21 08:07 PM

In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.

You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.

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MatsP

October 28th, 2005, 10:05 AM

The one with the red roses is a bit too shallow depth of field, both in the first one and the one posted later. It looks like you focused on the central/foreground rose, and the one at the back looks just a little bit too much (or too little) out of focus to me. I know it's not easy to do these things...

--
Mats

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eagerr2i

08-04 03:45 PM

If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!

401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.

Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..

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