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Written By muthmmuuuaaanniish on Saturday, June 11, 2011 | 8:22 PM

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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.





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  • DSLStart
    07-15 10:03 AM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?





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  • lacrossegc
    12-13 12:12 PM
    Somebody please shut down/delete this thread





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  • rajeshalex
    09-20 01:31 AM
    Hi Modi,

    If u plan in 3 months prior and if u dont travel during the peak times you should get a good deal from anyone. Peak time is when school closes in US and Dec 10 to Jan 20.

    And get quotes from one or 2 agents and check the airline website. This should give u a good starting point

    Rajesh



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  • yabayaba
    08-19 11:28 AM
    Hi,

    I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?

    Thanks,
    Raj

    Yes...You could....





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  • raysaikat
    03-28 06:53 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:


    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?

    Yes.


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

    You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

    If you can get CPT approved by your school, then you can work for the employer during the summer months.


    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


    You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

    If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

    If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.



    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


    Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

    Thank you very much for your help.



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  • Blog Feeds
    04-26 11:30 AM
    AILA Leadership Has Just Posted the Following:



    All eyes are on Governor Jan Brewer today.

    On her desk is SB 1070, an anti-immigrant bill which would effectively make all Latinos the target of arrest or interrogation, whether or not they are U.S. citizens, lawful immigrants, or undocumented foreign nationals. Indeed, such a hate-motivated bill may well compel all Latinos to pack up and leave the state. Brewer's choice is clear to anyone who cherishes freedom and democracy�veto SB 1070, and toss it into the dust bin of history where it belongs, together with Jim Crow, the Nazi Nuremberg laws, and South African Apartheid.

    But, believe it or not, the Governor is actually considering signing this venomous bill into law. Last night, in yet another surreal Arizona moment Governor Brewer addressed the 41st annual Chicanos Por La Causa anniversary dinner amid calls in the audience for her to veto SB 1070 and surrounded by protesters that chanted and marched outside the Sheraton Phoenix Downtown Hotel where the dinner was held. At the dinner, organization board chairwoman Erica Gonzalez-Melendez urged Brewer to veto "the most hateful piece of legislation directed at Latinos" aptly pointing out that SB 1070 will do nothing to fix our broken immigration system and only "panders to the racist fear mongers of our state." But, Governor Brewer refused to say what she would do, invoking political-speak instead, "I am not prepared to announce a decision on Senate Bill 1070," she said. "What I decide will be based on what's right for Arizona." http://bit.ly/96KJlT. (Note to reader: there have been several surreal moments in Arizona this week. On Monday Senator John McCain, who once described himself as a "maverick" and champion of comprehensive immigration reform, told Fox News host Bill O'Reilly that "the drivers of cars with illegals in it ... are intentionally causing accidents on the freeway." Then on Tuesday an Arizona state House committee approved a measure which would force President Obama to show his birth certificate if he runs for re-election. http://huff.to/9bfpzg)

    What is right for Arizona is for Governor Brewer to jealously protect the rights of all its citizens and follow the U.S. Constitution, not turn Arizona into the Fourth Reich. Let's be frank, by passing SB 1070 lawmakers have sold out Arizona taxpayers in a cynical effort to garner votes and look tough. The bill does nothing to build a functional immigration system, secure the border nor rid the state of dangerous criminals. Nor does it protect the wages and working conditions of US workers. Instead, it targets day laborers and ordinary citizens whose appearance might raise "reasonable suspicion" of unlawful immigration status in the mind of a police officer. If Governor Brewer signs SB 1070, people in Arizona with foreign sounding accents or who don't "look American" had better not run into the wrong cop (or even the right cop) because the law mandates they prove they are here legally.

    SB 1070 is not the product thoughtful policy making; it is hate speech masquerading as legislation. This sounds extreme until you read SB 1070 which is a hodgepodge of mean spirited provisions that will effectively transform Arizona into a police state for anyone whose skin is a shade other than white. The bill's effect may very well be to make Arizona "Latino Free" and force those who stay behind�U.S. citizens included�to feel like hunted criminals. Frankly, there is no other way to describe SB 1070 which would make not having immigration documents a state crime, allow law enforcement officers to arrest anyone who could not immediately prove they were in the U.S. legally, and subject a brown-skinned person who leaves home without a wallet to arrest. Cardinal Roger Mahony of Los Angeles was hardly exaggerating when he compared SB 1070 to "German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation." http://bit.ly/9ZIQ9K.

    SB 1070's outright decimation of civil liberties and American values aside, Governor Brewer's signature on the bill will likely reek economic devastation on Arizona, costing its taxpayers billions in lost revenue. The Immigration Policy Center (IPC) reported this week that "if significant numbers of immigrants and Latinos are actually persuaded to leave the state because of this new law, they will take their tax dollars, businesses, and purchasing power with them. The University of Arizona's Udall Center for Studies in Public Policy estimates that the total economic output attributable to Arizona's immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. Furthermore, over 35,000 businesses in Arizona are Latino-owned and had sales and receipts of $4.3 billion and employed 39,363 people in 2002, the last year for which data is available. The Perryman Group estimates that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs, even accounting for adequate market adjustment time. Putting economic contributions of this magnitude at risk during a time of recession would not serve Arizona well." And this loss of revenue to the hard working taxpayers of Arizona does not take into account the cost of defending the inevitable lawsuits that will be brought against the state for civil rights and other violations. According to the IPC, "Arizona would probably face a costly slew of lawsuits on behalf of legal immigrants and native-born Latinos who feel they have been unjustly targeted" leading to millions of dollars in expenditures. http://bit.ly/dbguDK.

    As I wrote previously on this blog, SB 1070 is not the problem. It is an awful symptom of the failure of the Administration and Congress to enact immigration reform. In the void, local and state authorities have run roughshod over the civil liberties we cherish as a nation. What we see today is a perfect storm of crises�ICE's neglect and abuse of immigrant detainees which has culminated in 107 deaths in immigration detention since 2003, the serious civil rights abuses in the notorious 287(g) program which is administered by ICE and "deputizes" state and local law enforcement agencies to enforce immigration law, and an immigration bureaucracy that thumbs its nose at the needs of American business and families. As a nation we must demand that Congress and the Administration put politics aside and get to the hard work of building a safe, orderly, fair, and functional immigration policy designed to protect civil liberties and serve the needs of all Americans.

    As for today, Governor Brewer has a choice. She can succumb to hatred and fear by signing SB 1070 or allowing it to become law without her signature (it is hard to say which would be more cowardly). Or she can show uncommon political courage and veto the bill, thereby drawing a line in the Arizona desert over which racism, intolerance, and injustice dare not cross.
    https://blogger.googleusercontent.com/tracker/186823568153827945-3162775922361590244?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/04/arizona-governor-jan-brewers-choice.html)





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  • BMS1
    09-10 11:08 AM
    Among other things, one important change for H1-b program would be to make H1-B transfer easier for folks that are laid off or had to resign abruptly due to various reasons by providing some legal leg room to land a new job. The current rule for laid off / abruptly resigning people is to pack up and leave the very next day of separation for their country of origin and start the H1B process again if they need to maintain a clean legal record. That is not always pracitcally possible due to ticket availability, disposing of residence lease etc. This is very much acknowledged by USCIS by overlooking some minor gaps between employments for H1-B transfer. So provision of some gap (60 days?) between job changes for H1B transfer will provide some legal/legislative back-up to the procedures currently being followed by USCIS as a matter of practicality.



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  • RandyK
    02-16 10:57 AM
    How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?





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  • americandesi
    03-13 04:32 PM
    Here�s how it works. Suppose there are 78 pending GC applications each with a proffered wage of 80K/annum, then the employer should prove at least one of the following to prove �Ability to Pay� for all the applications to go through.

    1) Company�s net profit exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
    (or)
    2) Company�s net assets exceeds or equals 78 x 80K = $6,240,000 per annum since the establishment of their Priority Dates
    (or)
    3) The company paid >= 80K in salary to all the 78 beneficiaries since the establishment of their Priority Dates
    (or)
    4) The company paid < 80K (say 70K) in salary to all the 78 beneficiaries since the establishment of their Priority Dates but the difference (10K) was matched by Company�s net profit or net assets (10K x 78 = 7,80,000)

    Now let�s assume that the company sponsors GC for 79th employee, then the company should replace 78 with 79 in the conditions specified above and they can�t use the same old figures anymore to prove �ability to pay�.

    In your case, I�m afraid that your employer didn�t even meet the condition specified for 78 employees and that resulted in your colleagues I-140 denial. In such situations, USCIS might even revoke previously approved I-140�s because the employer�s financials doesn�t support all the pending GC applications.

    Refer http://immigrationvoice.org/forum/showthread.php?t=15993



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  • krishjack
    03-25 12:56 PM
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents





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  • ashkam
    03-24 11:26 AM
    AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.

    Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.



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  • hsingh82
    10-12 05:33 PM
    I saw this article about eliminating the diversity visa program and using those numbers for EB categories.

    Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)

    Will this do us any good?

    Thanks

    I doubt that it will go anywhere but if does it would be really good for us.





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  • eyeswe
    06-03 04:00 PM
    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*



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  • WillIBLucky
    06-19 02:09 PM
    Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
    The usual thumb rule for USCIS is 6 months in advance for any renewal or extensions.





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  • gccovet
    11-24 01:24 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    bnk96,
    Sorry to hear that, could you please PM pd_recapturing?
    Thank you.

    GCCovet



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  • GCNaseeb
    10-17 11:03 PM
    What's going on?





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  • .soulty
    04-29 01:34 PM
    Great work guys !! :!: All are really good , but i still like Ironikart the most out of all of them. The way you gave the robot a humours characteristics with eyes and eyebrows won me over, great character building skills :)





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  • sunny1000
    01-09 02:44 PM
    I would agree.

    it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.





    rtarar
    03-24 08:19 AM
    I just got approved for my 3 year extension I am on my 7 th year now.
    I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.

    So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.

    Here are the important points:
    0. Total amount is like $3K.
    1. 50% owed after 1 year
    2. 0% owed after two years of service.
    3. 100% owed when employment is terminated by either party :-0
    4. 10% per annum interest after the 31st day of termination.

    Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
    I dont care about the money, but I think this is borderline harassment.

    Note:This is not a desi consulting co.


    -R





    karthik_may
    07-18 04:43 PM
    Called again to find the same response of Denied.

    The attorney's office is trying to get in touch with USCIS and find more info.

    Meanwhile, planning to use InfoPass to meet with IO.

    Why notice to deny was not sent to me is puzzling me. No RFE's.

    I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).



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