Friday, June 10, 2011

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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

    Questions:

    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.





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  • nlssubbu
    01-10 01:29 PM
    My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
    I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
    http://www.murthy.com/news/UDnewins.html
    "An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."

    Can some one please throw some light.

    Thanks

    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks





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  • valuablehurdle
    01-18 10:37 AM
    Ria,

    This not correct. if you are on H visa in USA, you can definitely apply for Canadian Landed Immigration. In order to maintain your immigration in Canada, you have to stay atleast 2 years in Canada in a 5 year period.
    Moreover, in order to fulfill your citizenship requirement, you have to be physically present in Canada for atleast 3 years.

    I hope this helps.

    A Canadian Citizen.

    ---------------------------------------------





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  • deardar
    09-14 03:41 PM
    i meant the quality was like, that perhaps my computer is messing it up



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  • cableching
    07-18 06:14 PM
    USCIS Looks at I-94 you entered on the I-485 application.
    You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.

    That's the basis for them to track your status in US.





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  • BharatPremi
    04-16 04:34 PM
    What is an "MTR"?



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  • monkeyman
    10-17 01:51 PM
    Do women have to fill in the DS 157?
    It shows up as a required to fill form for my wife?

    Yes - now its based on age. You do not require DS-157 for children and seniors. Everyone else requires that.





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  • uma001
    05-24 10:14 AM
    you may get 100 points it does not matter, We are still going to have country caps ...

    How can i get 100 points, i dont have TOEFEL score and no relatives in US.



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  • soni7007
    09-15 04:18 PM
    Can you present this idea to pappu, Administrator and gsc999 via private message, please?

    I do like the idea and if it has the support of IV Core, we should implement it. Please present to them so that we can have their direction.

    Thanks,
    Nola

    Yes, i will definitely do that.





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  • NWISE
    03-31 02:59 PM
    If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
    And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
    Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
    P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
    My 2 cents.



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  • priti8888
    08-16 11:09 AM
    Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.





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  • Humhongekamyab
    08-21 11:24 AM
    once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.

    Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?



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  • aristotle
    07-11 10:59 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS

    Congratulations!! Why didn't you do Concurrent filing in June?





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  • akhilmahajan
    09-14 03:22 PM
    Please if you at home and can listen to it that will be great. Is there a way to record it up?

    Being at work cant listen to it. I would have loved to listen to a dedicated and devoted personality.

    Cheers.



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  • gc28262
    12-19 12:03 PM
    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

    Practice what you preach.
    BTW myself and majority of members on this forum hasn't replaced any American worker.





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  • bfadlia
    05-27 08:09 AM
    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.



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  • singhsa3
    07-12 09:18 AM
    Thats not the fact! and could be easily argued against.
    "We continue to pay for Your Social Security
    But the presidency gives illegals over legals more priority"





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  • needhelp!
    10-10 09:41 AM
    join hands to work with IV





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  • cox
    June 18th, 2005, 01:50 PM
    Do you have a lens that will let you get in closer? I'd like to see a portrait style shot of one of the birds with the odd bills.

    Thanks for the suggestions guys. Nik, I was actually using a 600mm + 1.4x for the birds since Avocets and Stilts are pretty shy. These are just small versions, though. Ask and ye shall receive; here's a portrait cropped from another shot. For the full size (a little bigger, 1200x1200) go to my gallery :)

    http://www.dphoto.us/forumphotos/data/887/medium/Avocet_call_C_crop_Nik.jpg (javascript:;)





    senthil
    08-23 05:21 PM
    on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.

    For a safe bet its good to have the EAD/AP with you. has foll advantage

    - worst case you can change employment using EAD
    - travel issues - esp you can avoid visa related appointment hassle using AP

    one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.

    may be many folks here already have real time experiances on this subject, i guess
    hope it helps. -- my2c.

    all these are my personal views. im not an attorney
    thanks





    yganreddy
    09-01 12:01 AM
    They would have been happy with their half loaf.



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