Sunday, July 3, 2011

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  • jessie1981
    08-02 11:14 AM
    Did anyone get I485 based EAD before the first FP? Thank you!





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  • ameryki
    03-17 04:53 PM
    i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.





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  • yagw
    06-13 12:45 AM
    Hi,

    My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.

    Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.

    Please advise.

    Thanks,
    Nid

    In EAD, you can have as many jobs as you can (using 1099 etc).

    DISCLAIMER: I am not an attorney and this is not a legal advice.





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  • eb2_immigrant
    12-11 01:04 PM
    EB2/Dec 2005/Texas -2yrs EAD



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  • bank_king2003
    04-23 06:32 PM
    I have an h1b and EAD. i am employee of company A. currently i am working for a client(a startup company) in project through company A.. now this client wants to give me some equity(shares) of his company. i will keep on working as company A's consultant with this client.

    my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.

    just wanted to make sure taking equity wont hurt my h1b ??

    Any Advice ??

    Thanks...





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  • kevnss
    04-01 02:01 PM
    If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.

    If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.

    The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.

    So that means I can switch based on EB3 and AC21.



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  • vrbest
    12-16 08:49 AM
    This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues


    You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.





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  • crazyghoda
    05-27 03:48 PM
    There is no reason to start celebrating since this does not make a case of legal immigration in any way.

    Accenture never was a US incorporated company in the first place. They were incorporated in Bermuda which has no taxes so that they do not have to pay taxes on worldwide income. Over the years there was increasing criticism about incorporating in a tax haven which is why they have decided to change the country of incorporation to Ireland. Ireland has low taxes, a tax treaty with the US and is a part of the EU which is why the decision was taken to move to Ireland.

    What would have made it real sweet was if they had decided to change the place of incorporation to India saying given the number of people it employs in India.



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  • jsb
    11-27 04:31 PM
    Thank you wandmaker. This helps.

    - But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

    - Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?

    The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.

    Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.





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  • waitingimmigrant
    11-09 11:05 PM
    hi friends,

    some time ago i contact my senator through this site

    http://www.opencongress.org/bill/111-s1085/show

    and wrote to him about plight of workers in limbo for years
    if not decades ... following is response i recieved... request
    all those stuck in GC limbo to contact their senators...

    -----------------------------------------------------------------------------
    U.S. immigration policy is based on four underlying principles: reunification of families, admissions of immigrants with needed skills, protection of refugees, and diversity of admission by country of origin. The Immigration and Nationality Act specifies priorities for permanent immigration using a complex set of numerical limits and preference categories. Immediate relatives, defined as spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older, have been given priority in the immigration process.

    Senator Robert Menendez (D-NJ) introduced S.1085 on May 20, 2009. This legislation seeks to reduce current immigration backlogs by classifying lawful permanent resident (LPR) spouses and children as "immediate relatives." Currently, spouses and children of LPRs must obtain visas through the Family Second Preference category. This can lead to a waiting period of several years. Among other things, this bill would allow unused and unclaimed visas from 1992-2007 to be placed back in the pool of current available visas for families, and would establish a �roll over� system for unused and unclaimed visas in the future. This bill has been referred to the Senate Committee on the Judiciary, where it awaits further review.

    I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation�s immigration problems. I will keep your thoughts in mind should S.1085, or any similar legislation, come before me in the full Senate.



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  • solaris27
    02-03 10:03 AM
    you can do it yourself or take help from any tax consultant .





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  • snathan
    08-10 10:25 PM
    Hello

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Questions:
    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.

    Thanks!

    You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.



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  • nc14
    08-13 02:57 PM
    I am from Cincinnati Ohio and would like to be a part of the effort.





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  • vivek_k
    05-07 03:25 PM
    Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?



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  • MOONNLIGHT
    12-09 06:34 PM
    Citizen of India





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  • nousername
    11-12 01:17 PM
    Group,

    This morning I saw a commercial (California Group Blames Immigrants for Climate Change) (http://www.triplepundit.com/2009/11/california-group-blames-immigrants-for-climate-change/)on the local Bay Area channel and was simply surprised, I mean out of words surprised.

    I cannot believe how low these anti-immigrant groups can and will go to push their point, which obviously is nothing but full of BS, but it certainly adds fuel to the fire.



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  • chanduv23
    10-19 09:32 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)

    Thanks

    Yes, it is possible if you qualify for eb2 in the same company, lawyers can help you with it if you qualify.





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  • gc_on_demand
    03-10 03:29 PM
    Hello Every one

    As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.

    How to update Profile :

    (1) Login into IV site
    (2) Click on Forum from Top Navigation
    (3) Click on My User Profile from Drop down
    (4) Click on Edit Your Details on Left side navigation. Please enter correct GC details

    Post confirmation message once you are done so you can verify details of your profile in your post.

    As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.





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  • suryamnb
    11-15 04:36 PM
    Does any one got "AP" approved, who applied in the month of august?from NSC.

    Hi,

    I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
    EAD card received on Nov 9, AP travel doc received on Nov 14th.
    FP Notice received on Oct 30, scheduled for Nov 27.


    Thanks!





    paystubissue
    03-16 12:27 AM
    Hi all,

    Please help me with the following questions.

    I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?

    I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.

    Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.

    please let me know your thoughts

    Regards





    chanduv23
    09-20 11:33 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.

    HTH,

    I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.

    I did not have any issues anywhere.

    For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return



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