Monday, June 20, 2011

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  • add78
    08-20 12:48 PM
    Here are the answers -

    To begin with first, there are two different things
    1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
    2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).

    You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.

    You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.

    You exit USA, You return to USA using AP.

    Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"

    Your Work Authorization for SAME (continuing) employer is H1-B
    A.K.A. NO NEED to use EAD.

    There is NO SUCH THING as H1-B Transfer
    Every H1-B filing is a new one, USCIS checks if
    1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
    2) You have been counted against the H1-B before in the last 6 years or not.

    So now after I-94 says "Parolee/Pending AOS", You CAN
    A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
    OR
    B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
    OR
    C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.

    in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
    in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
    in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.

    Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.

    between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.

    Hope This Helps.





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  • sdrblr
    09-15 09:40 AM
    I believe it was last year(not sure exactly) when USCIS started this new initiative where the AILA members can send an email and "Remind" them that a particular case is current. Basically you will send an email with the subject

    EB I-485/SEPT or EB I-485/OCT or EB I-485/DEC (Month of the VB when you will be current)


    and the body will have just the A #s

    A123456789, A987654321


    Note if you have multiple A#s (self, spouse etc) seperate it by comma.

    send it to
    streamline.tsc@dhs.gov OR streamline.nsc@dhs.gov

    You will get an automated reply with in minutes

    I not sure whether this works...but hey who cares all that you are doing is sending an email.





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  • mallu
    03-13 02:19 PM
    I was wondering how many are in the pipeline with PD up to Nov.2003 ?





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  • GCwaitforever
    06-07 12:27 PM
    So you guys are saying that because you are on a H1B you are working harder than others? Let me tell you that working hard does not guarantee your job. I have seen hard workers laid off left and right, be it US citizens, green card holders or H1Bs. In fact one of my GC friends said that it is a constant fear for him to be employed at all times, he was unemployed for 10 months after the dot com bust. That changed him completely, he said what will I do with my GC, can I feed my kids with a GC? I need a job. So it is everyone's perspective. I look at him and say at least you have a GC, he says at least you have a job. :)

    Probably most of you are aware of these things. So, let me say this advice is for newbies in the job. Lay-offs are done for business reasons and cost considerations. An American friend of mine lost his managerial job after 18 years of loyalty and experience. Company did not see the reason to continue to be in that business and the entire division related to the business was laid off. So working hard is good. Definitely a deserved trait. Do it for self-satisfaction, but not out of fear of loosing the job. At the same time, we should not be cloistered within the company working long hours. There are other things imprtant in life apart from the eight hours we spend at the office. I tend to my hobbies to keep my sanity after work. I look out for business indicators/news regarding how my company is doing. Good financial planning mandates savings around 6-12 months of living expenses which would lessen the impact of lay-off.;)



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  • javadeveloper
    11-25 08:10 AM
    What are the steps to follow to switch over to EAD, do i have to fill out some form and how do i i nform uscis ?

    Use EAD for working by filling I-9 form with your employer.Informing USCIS is optional.





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  • indianindian2006
    12-09 10:21 AM
    Can somebody please explain what does LUD stand for ? Thanks in advance.
    lud--last updated date



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  • mysticpine
    08-19 08:35 PM
    http://www.brillig.com/debt_clock
    Enjoy

    Finally I am a US citizen after being 10+ years in this country. This is one of my biggest fulfillments and it means everything to me. US is just not home anymore for me, it is my country.





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  • ilikekilo
    04-02 11:43 PM
    your profile says that your application is pending with NSC? I was asking about TSC. Please clarify. Anyone else??

    My bad , mine is from NSC...I just chose your post to quote..sorry for hte mix up..



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  • snathan
    04-26 03:13 PM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm

    But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."

    I posted my commnets on thiss....did you.





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  • inskrish
    01-30 05:23 PM
    Voted.



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  • prinive
    07-14 07:24 PM
    Done. :mad: :mad:





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  • CreatedToday
    04-19 03:48 PM
    but please do let us know once you talk to a lawyer and get it evaluated.

    thanks
    Sheila

    Looks like this Sheila is in her new avatar, from 3 year degree people trying to make $$$ in others troubles! She threatened to sue IVians for exposing her tricks when she tried to advt her service in her posts, as friendly posts.

    USCIS does not buy her evaluation anymore. Go to her and lose your valuable time and few thousand dollars in addition to your I-140.



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  • srikondoji
    07-18 03:29 PM
    Summarizing all the opinions and posts, it is clear that.....
    a) If you haven't heard anything about your rejections, then you can consider it that your application is in.
    b) Rejectiosn if any would have known by now.





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  • rvr_jcop
    03-26 04:50 PM
    I got an LUD on 485 when i got AP approved.

    Dont even try to rationalise how the f*** those systems are inter connected and how they roll :o

    Same with me. I applied for AP and got it approved on Feb9th. On Feb10th, I got soft LUD on mine and my wife's 485. I was hoping thats pre-adjudication, but I have my doubts now. They just probably are checking my 485 at the time of AP approval. :(



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  • Refugee_New
    08-25 02:25 PM
    I initiated the transfer on 19th and they delivered it today i.e 3 working days after (which is two days less than there norms). Also the rate is 43.35 today as per the calculator and they show a rate of 43.01 for my transfer. ICICI is a known thief. That is how the company is made. Its like "there is a CRIme after every successful company".

    Can you believe these ICICI crooks remitted the money on saturday? They gave only 42.90 for saturday. For today its 43.01. Stealing close to 30 to 40 paise per dollar.

    These are the same people who send gundas to collect money(debt) from their clients.





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  • espoir
    07-19 02:53 PM
    I will continue to contribute to IV even I get my GC in few months (highly unlikely) until the goals of IV are met. Also salutations and big thanks to the spouses and families of IV core. Their contribution and sacrifice is unsung, but in my opinion their sacrifice of their loved ones time and spending all savings for good cause is remarkable in itself. A big applause to the families of IV core for being so understanding.



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  • qasleuth
    05-14 12:21 PM
    and one more point, we are never going to get treated with respect and equality, just get used to it. every American knows we left our country to come to his. he is always gonna look down upon us. Immigrants are never treated with love, respect and dignity, no matter which country they go to. Case in point, Bangladeshi and Nepali migrant workers in India. We treat them like dirt back home, so discrimination against immigrants is part of immigration process. hopefully our ABCD offspring's will face less of it


    Excuse me ?? Why did you leave your country and come here ? Your motivations maybe totally different than mine, so don't assume they are the same. For the reason I came over here, why would any 'American' treat me like dirt ? Many countries in Asia are not lands of the immigrant like USA. So your anology of treating migrant workers like 'dirt' to folks over here the same way is totally wrong. Please for heaven sake do some reading before you open your mouth again...you are talking nonsense man....people who are encouraging you are perhaps doing it to see you make a bigger fool of yourself...get off the forums do some reading.





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  • dagabaaj
    02-05 05:38 PM
    EVERY SINGLE ITEM on our goals benefits H4 spouses indirectly. Including the short term goals of IV.

    Well what eb3_nepa and me are eluding to has no intention of superseeding the main agenda nor is it in anyway a distraction, it just the germination of an idea out of circumstantial frustration. Also if we truly belive what we are doing is right then there is no question of leaving this forum.

    We all support the main agenda and also have a very positive attitude that we will see the light of a bright new day very soon. God willing we all will have our GC in 2 years or so.





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  • ivgclive
    01-18 03:24 PM
    H1 - Permanant (inUSCIS terms, my sponsor has direct control over my day to day job)

    But I believe it is going to affect everyone soon, whether you are in H1/L1/EAD, decided to fight.

    I will contribute what I can at my best.





    walker15
    08-25 04:18 PM
    If citibank is good, all should move to citibank if they are fair in runinng business.
    Before closing account with ICICI we all should send an mail with similar message why we are closing account through ICICI website after login.

    They should be aware how fast they loose customers because of bad customer services especially when they cheat.

    Thanks to internet and forums sharing good and bad.





    msp1976
    02-13 03:22 PM
    Logiclife...
    Thank you for the update....



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