Monday, 20 June 2011

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  • abhijitp
    10-30 05:35 PM
    If it is the first time, they might ask for a birth certificate

    We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.




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  • coolpal
    04-28 03:37 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)




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  • villamonte6100
    08-10 05:20 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    When you get approved, does it mean that you have to go for an interview?




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  • godbless
    04-16 11:41 AM
    Bump.



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  • dwhuser
    09-14 05:11 PM
    Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?




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  • anilsal
    01-07 08:42 AM
    When someone lashes out, suddenly these guys think their original decision was misunderstood. Who are u trying to fool?

    Glad the lawyers made an issue out of this.



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  • whattodo
    12-26 08:20 PM
    Well said, Kumar1. It seems like you have done PhD on immigration matters. :)

    H1/H4/L1/L2... - Non-Permanent Resident Alien
    F1/F2 - Non-Permanent Non-resident Alien.
    Green Card - Permanent Resident Alien.
    Citizen - Naturalized citizen

    Resident and Non-resident make a difference in taxation.

    Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

    Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

    Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

    Let me know if I am wrong anywhere. Thanks




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  • immi_2006
    10-08 06:24 PM
    Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?



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  • harsh
    12-22 09:55 AM
    Any other bama residents? I am sure there are more people stuck in retro in alabama. Signup other alabama residents...




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  • sunny26
    03-10 10:37 AM
    if its for education then consult with ur lawyer whether its possible to file for eb3 with same labour.if not file for appeal and get some time.apply new labour



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  • Maverick_2008
    04-07 05:59 PM
    Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.

    Maverick_2008



    Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
    Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.




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  • itsmesabby
    07-06 02:57 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.



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  • th5000th
    07-10 05:51 PM
    On June 9th, CIS provided the required data to VO. ????

    a1b2c3....hang in there.....Sept might bring more good news.......

    Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)




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  • satishku_2000
    08-01 01:53 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..



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  • chandrajp
    08-15 03:56 PM
    Did you use AC21? how long ago you applied for 485?

    Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year




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  • gc101
    07-20 06:01 PM
    Hi,

    What does 'RIP' Labor Substitution mean. Pardon my ignorance.

    gc101.



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  • dealsnet
    07-16 09:52 AM
    According to the law, you are not liable to pay it. They can't force you to pay. But if you are out of project and desperate, just agree for the clause and get that job.

    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R




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  • sunny1000
    06-26 09:56 PM
    Thanx once again Ms. Sen for you so valuable response. Is there anyways, you could tell me the email address. It will be then easy for me to talk to him when I have all the information. Another question, has the email to be sent out only by the lawyer, or the company can directly do that?

    Thanx once again...

    It is:

    streamline.tsc@dhs.gov

    There is a specific format to send this email. Here is the link to the PDF:

    http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf

    Here is the original post:
    http://immigrationvoice.org/forum/visa-bulletin-status-tracker-processing-times/22849-tsc-streamline-processing.html




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  • AmericanInSpain
    04-08 11:46 AM
    I have a similar situation and I want to hear more about working remotely using a non-work resident visa...

    - I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.

    - I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.

    - My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.

    My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!

    I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!

    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.




    pbuckeye
    09-02 02:04 PM
    [B]

    I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.



    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.




    danonline2110
    01-22 02:56 PM
    Hello,

    I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.

    I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)

    They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).

    I want to be prepared for that scenario with assistance of experts to know where I could go from there.

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?

    I would appreciate any expertise on that matter.

    Thanks!
    Daniel



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