Tuesday, June 7, 2011

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  • kondur_007
    10-20 09:53 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?



    There are two issues you must consider (at minimum):

    1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

    2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

    Good Luck.

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  • LostInGCProcess
    06-12 06:02 PM
    No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
    1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.

    2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.

    "Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.

    Good luck.


    They have sent me a "Acquisition Notification" letter (pdf file). In which it says "NEW Company has acquired OLD company via 100% stock Purchase."

    Also in the letter it says "NEW company succeeded to the interests and obligation of OLD Company . NEW Company has assumed the liabilities and obligations of the H1B employees of OLD company.

    And its signed by both parties of NEW and OLD company.

    Is this letter sufficient for me to hang on to?
    Should I ask for EVL too?

    I am worried because my last payroll was from the new company...My OLD employer told me otherwise that everything would be same....i mean no company name change etc...apparently he lied to me.

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  • JupiterTransit
    08-26 02:04 PM
    I-140 Premium and I-1485 filed concurrently at NSC on June 29th. Received July 2nd. No clue if checks are encashed.

    PD: Nov 2002.
    H1-B 7th year expiring Dec'07;
    8th year extension filed.

    Any one in the same boat?

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  • gc_seeker_ks
    04-13 04:33 PM
    This bill proposes H1B quota increase over next couple of years and exemption of advance degree holders from EB immigrant numbers. Helpful for sure if passed.


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  • devikas81
    06-16 08:12 PM
    EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
    Pls. advise

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  • kart2007
    11-18 07:55 PM
    its down, so .. so what? how does it matter?

    Did you even read my first post?

    No one would like their documents delivered to a wrong address, sent back and lost in mail etc?


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  • sri@180
    02-08 07:53 AM
    I am waiting for replys.
    But with in one month of my h1 approval of nov2007 i came to India.
    I did one certification(one paper) in one language in november2007.
    I have only one paystub.Do i need my employer 3 yrs tax papers.I am the 1st employee to my employer.Is any other documents needed other than pictures of my employers office,tax papers.Did i have to submit my indian experience or any other documents from indian company.Right now Can i change years of experience in india(Actually i submitted in h1 process 2 +yrs of experience in india,Can i change that to 1 yr exp in india now.Because i missed few documents of india experience).

    In which location is easy for me to stamp delhi|mumbai|chennai.
    Pls post experiences and needed docs.

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  • san3297
    03-25 11:17 AM
    You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.

    Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.


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  • GC_1000Watt
    02-15 02:34 PM
    The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.

    Greenland became an integral part of the Kingdom of Denmark in 1953.

    Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)

    FAM Manual

    Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)

    If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:

    Andaman and Nicobar Islands
    Dadra and Nagar Haveli
    Daman and Diu
    National Capital Territory of Delhi

    So which union territory of India you were born in? ;)

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  • tabletpc
    09-24 10:43 AM
    But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

    I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.


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  • punjabi
    10-19 03:30 PM
    Dear folks:

    Fist of all, a definition of PLEDGE:

    PLEDGE: A solemn promise or agreement to do or refrain from doing something. Example, a pledge of aid; a pledge not to wage war.

    More or less, all of us are aware of the importance of IV.org and how much IV means to us as an organization AND as an entity that strives to help us get out of the gut of current immigration situation.

    We also know that a day will arrive when we (and spouse/kids) will have Green card in our hands.

    If not next month, perhaps in another 6 months for some people. Or perhaps a year or two away and to some people, unfortunately, even longer.

    But we will get it one day.

    IV is a very active organization who is working hard in our best interest and it does not matter how you get the Green Card, IV will have, direct or indirect, contribution to it.

    There was a thread going around few months ago on "how will you celebrate the day you get greened?" Some prefer throwing a party, some prefer vacation, some would overload gallons of alcohol in their body or some would donate money to their respective temples or church.

    These are all good things to do. (OK. May be not the alcohol part) :)

    In addition to the above, I invite you to celebrate that day by flowing some donation to IV. Just as a token of saying THANK YOU. This will help IV to continue to fight for other folks out there.

    I invite you make a sincere pledge TODAY on how much money you would like to donate to IV on the day you get greened.

    Nobody is going to twist your arm if you decide not to donate, but I trust that most of the people takes pride in keeping their word once given.

    Even if 50 people among us get their green cards each month and each one of them decides to donate $100, it will amount to $5,000 to IV and it will help them fight for a cause for rest of the people out there.

    No pressure.

    Just an idea.

    I myself pledge for $250 donation today.

    Others are welcome to participate.

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  • vine93
    01-22 03:12 PM
    Most of the Nationalised bank ( SBI, PNB ) do not charge Pre-payment penalty. Though it clearly mentioned in their policy , you should check while taking the loan. It is negotiated also. I have IDBI loan with facility of no pre-payment penalty.

    Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.


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  • sledge_hammer
    07-17 11:57 AM
    Its very natural to get paranoid about little things like signing the cover letter specially when we are at the mercy of USCIS. But is there an end to how much we can be paranoid about? No. So I suggest you sit tight and let the chips fall where they may.

    Not signing the cover letter is not an issue in my opinion!


    I have filed I-485 application myself for me & my wife on July 5th, 2007.
    I have listed all the documents in the packet on the cover letter, but forgot to sign the at the bottom (both me & my wife) after 'Sincerely'.It has blank in place of my signature and name printed in the brackets.Will it be a problem?
    What should I do now to correct this? Should I send the signed cover letter separately (explaining that I forgot to sign)? Your suggestion is highly appreciated.
    Thank you.

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  • ramus
    06-21 02:55 PM

    Before opening any new thred, please at least take a look and see if there is already any thred on issue that you have...

    There are tons of thred moving everywhere.

    Aren't we making ourself confused with these many threds?


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  • abqguy
    09-24 10:28 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
    Pappu, I can't agree with you more....


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  • pune_guy
    06-05 07:43 PM

    Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).

    We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.

    So here's my question:

    1. Can I skip renewing her EAD and renew just mine?

    2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?

    I'd appreciate your thoughts on this matter.



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  • meridiani.planum
    04-17 12:09 PM
    I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship.

    however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:

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  • abracadabra
    07-06 11:38 AM
    There are about Six theards on washington Post going on currently, the ask question, till someone picks up Thanks

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  • rameshk75
    05-23 02:35 PM
    I have filed 485/EAD/AP in Aug'07 and changed the address online using AR11 followed by the petitions for 485/EAD/AP for my self and the dependant.

    Got confirmation in mail for all the pending petitions after 2 weeks. I have NOT called the USCIS office for the address change.

    Hope this helps !!

    please contribute for the funding drive if you have not yet...help IV to achieve the success for all US !!

    12-03 01:56 PM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

    Hi zoooom

    Did your wife been to India and Came back using H4 or AP ? If she returned did she had any problem @ POE ?

    Please advise, I m in similar situation

    Thanks in advance

    02-21 05:06 PM
    Sorry for the confusion.

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