Wednesday, June 8, 2011

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  • Winner
    04-09 02:36 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.





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  • visafreedom
    07-03 11:15 AM
    Well, here are the thoughts.

    American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

    If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

    Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

    Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.





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  • satyasaich
    05-01 09:54 PM
    nviren

    Any person who can understand the dynamics of US career will never question about tour india trip, as long as
    1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
    2.appropriate supporting documentation from the employer

    Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
    on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation

    Bkarnik,

    I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

    ujjvalkoul, satyasaich,

    About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

    Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?





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  • abhisec
    02-02 07:01 PM
    I'm liking it....how can we show our support? :D



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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .





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  • ilikekilo
    09-07 07:56 AM
    hey who cares, if thats the case..I will certainly not complain...

    who knows something might be brewing up....4 good



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  • pbuckeye
    08-04 08:16 AM
    While the thread was started on a light note, I think this is a serious topic.
    .
    .
    .

    And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.

    Completely agree with your message that - prefer unprocessed food and do everything in moderation.

    However, are you suggesting blue label is healthier than a cheaper whiskey, its funny.

    And - although I agree that some traditional breakfast items could be low on fats/calories .. some of them are not (aalu paratha, pakoda etc), so cereal/oatmeal or egg white is an alternative.





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  • sreedhar
    09-07 09:01 AM
    Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree



    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    -Sree



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  • gg_ny
    10-02 03:26 PM
    I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.


    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.





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  • reachinus
    07-16 06:53 PM
    Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.

    Hi There,

    If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
    So u say that people on H1 should not have wife and children????

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
    You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.


    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
    H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.


    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
    What do you mean by that???



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  • nandakumar
    01-18 12:59 PM
    Bump





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  • simple1
    06-18 01:47 PM
    Recently multiple threads have been created in IV forum about
    * Illegal’s (now conveniently called undocumented immigrants) * their anchor babies * and CIR.

    We should not support Illegal’s and their agenda.

    Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
    We need to oppose CIR till we see such a provision.



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  • sujan_vatrapu
    10-27 02:23 PM
    Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..

    So along with Fox TV what help you are planning for all of our immigration problems?

    first of all, just for putting my point out are u trying to point finger at me? this is exactly what hinders the development, we need a dialogue and not controversy or finger pointing, i am fine with you not agreeing with me, everyone is entitled to their opinion but lets have a conversation, lets put out our opinions and let ppl base their decisions on our conversation,

    regarding my contributions i have attended IV chapter meetings, called senator/congresman offices whenever there is an IV action item, i wont ask ur plans on helping immigrant community (because that's not the point here), but u r already helping others by contributing to this discussion which lets other form an opinion,





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  • vdlrao
    10-18 11:02 AM
    It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.

    Thanks.



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  • akred
    06-03 02:17 PM
    akred,

    I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.

    The disciplines are in the right hand column on that page.

    I think what you are looking for is information classified by degree name. That level of detail is not available.





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  • icc world cup final 2011



  • dionysus
    01-21 05:18 AM
    Are you starting this rumor fresh, or are you passing on a third party rumor?
    :)

    rumour say retrogression may lift on march 2009, is it true????



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    icc world cup final images. icc world cup final 2011
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  • chunky
    07-26 03:21 PM
    We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".

    I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions


    Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."





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  • ks_ls
    01-14 07:11 AM
    Hello,

    My sister is 33 years of age and appeared for visitor's visa with her 3-year old daughter.

    The visa was denied by the Mumbai consulate. Was asked the following questions:

    1. Why do you want to visit the US? --> Tourism
    2. Who will you travel in the US? --> Brother
    3. Is your husband going with you? -- NO
    4. Husband's salary? ---> upwards of 35 lakhs working with an MNC
    5. How long ? two months
    6. Where will you travel ? ---> DC, NY, Chicago, Disney etc
    7. What's the status of your brother? H1-B
    8. Does he have any children? NO

    Sorry your financial condition is not good..rejected!! Not sure what triggered that comment.

    Now, I am thinking of applying for the visa second time in a month or so. I am not sure why they said your financial condition is not good. Sister tried to show the document but the officer would not look at it.

    The guesswork begins. Next time, I am wondering if I should be the sponsor of her application or show that her husband can sponsor the trip.

    Any advice? Any experiences people have?

    Thanks





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  • gg_ny
    07-31 09:54 PM
    gg_ny/others,


    1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


    2) gg-ny, can you eloborate on this please?

    (have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


    Thanks for your responses.



    Sendil
    Hi,

    I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
    1) unless you USE your EAD, H1 or H4 status wouldn't be affected
    2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
    3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
    4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
    applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
    5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
    it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
    6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
    7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

    Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.





    laborfd
    07-27 09:47 AM
    Guys,

    I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
    Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

    Leave a comment at the blog and let me know what else could be improved.
    http://immisearch.blogspot.com/


    -Vikram

    Cool, good job, very useful :)





    STAmisha
    06-20 07:46 AM
    Friends

    Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process



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