Saturday, June 11, 2011

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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.





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  • pd052009
    09-13 12:31 PM
    No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(





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  • chanduv23
    09-17 02:10 PM
    ^^^^^^^^^^^^





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  • Leo07
    09-16 03:39 PM
    Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.

    So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )

    That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....



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  • mwin
    06-11 08:57 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185





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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!



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  • freddy22
    04-25 12:44 PM
    Send him to your own country. America has its own problems.

    It cant accomodate the theifs like your son.

    People like your son giving wrong impression on the immigrants.

    yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;

    A HOLE





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  • illusions
    07-11 12:39 PM
    Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.



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  • sankap
    07-05 03:36 PM
    "Quote: source/link always.....please"

    The article's source and links are listed in the original post.





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  • puzon23
    02-12 02:05 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.



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  • newbee7
    07-04 05:08 PM
    There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..

    For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
    The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??





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  • Templarian
    08-20 04:01 PM
    Really nice one. The mouth is perfect. I think with some themes they sort of need an outline though, not all the themes use the default white I don't believe.



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  • Kodi
    07-06 01:31 PM
    If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?





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  • irrational
    10-06 04:37 PM
    I am thinking it might be because my employee is based in Virginia. But I have been working in Texas since 2003. So I have no clue what triggered this transfer.

    -Bipin



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  • 485_spouse
    07-20 03:09 PM
    Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.

    The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
    If you wants to study to become a teacher in Illinois you need SSN and autorization to work. My wife is on H4 and not able to study/teach.





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  • transpass
    10-02 12:22 PM
    Whenever there is a tech system upgrade, especially of this magnitude, there are bound to have glitches, problems, etc...I wonder how smoothly the integration will go. Hopefully, all will be well and does not affect the productivity at CIS...The productivity is already so low at CIS...Hoping for the best...



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  • langagadu
    05-01 03:06 PM
    You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
    I think legal stay is counted from the last entry.


    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?





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  • kanshul
    02-14 07:58 PM
    10 year law is not true. However, if your kid turns 21 s/he can sponser your GC with considerable less delay.





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  • nb_des
    09-27 02:31 PM
    According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com

    1. Can you please explain if priority dates can be transferred?
    2. What If I-140 Is Denied?


    A29 1. Sure. Here is the law:
    CHANGING EMPLOYER BEFORE I-140 APPROVAL
    If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
    2. That situation is legally the same as changing employers before I-140 employer.

    CHANGING EMPLOYER AFTER I-140 APPROVAL
    If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

    If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

    We recommend that an applicant keep at least a copy of the I-140 approval notice.





    northstar
    10-09 07:36 PM
    Pretty much in line with what the community was expecting..





    student79
    03-30 03:58 PM
    She will be going to full time dental school, and this course does not have credit system and it is flat 2 year course.

    and for this course there is not in-state fee, fee is same for either for in-state resident or student coming from outsidde, this couse is specially desinged for internation trained dentist.

    and mai reason is I want to change her status on F1 is , if by any reason if I am out of H1B she will be NOT effected and as well she will be eligible for part time work also and more important she will get 1 yr opt option at the end of course.



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