Thursday, June 30, 2011

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  • karthkc
    03-17 05:02 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.

    AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...

    If this is not true and there is a discussion on this forum clarifying that, I would like to know too...

    Anyone?

    Thanks!




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  • uscisc
    09-10 05:56 PM
    You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

    But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

    In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.




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  • number30
    03-12 11:09 AM
    Gurus,

    My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents

    Duration to be covered
    2004-2008

    My docs ready for the duration:
    W2s ( 2004 - 2008)
    Tax returns ( 2004 - 2007)
    Paystubs ( recent )

    Company docs ready:
    Tax returns: 2004 - 2007

    However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.

    However deadline for filing RFE response is this Wednesday ( 03/11/2009)

    My questions:

    1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
    2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?

    I appreciate your inputs.


    You can send the certfied statements along with bank statements along with explaination. But they will not consider that. But you have send for the heck of sending them




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  • Rayner
    11-23 06:59 AM
    A thousand a year is a trickle. My friend has moved to California on an EB5, and found it very easy. For the average Brit with property in the UK the 500,000 Dollar investment is not too onerous. In fact it's probably the easiest way in.

    See my friends experince at EB5i (http://www.eb5i.com)

    Rayner



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  • tosca_travels
    09-27 03:51 PM
    I am fine with abandoning the current H1-B extension process. My question is if there will be any problems leaving the country on an expired I-94 even though I am still technically in status.

    My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.




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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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  • gcseeker2002
    02-07 05:52 PM
    Thanks for the information
    Please boycott these countries that ask for transit visa, they need to be taught a lesson the hard way, fly nonstop or through friendly countries.




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  • casinoroyale
    07-01 11:39 AM
    Is PD porting allowed without ever working for the future employer who got I-140 approved? Is this still possible if the future employer revokes the I-140 because employee does not intend to join them?



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  • JazzByTheBay
    09-07 11:32 AM
    Here are a couple of videos from the Milpitas meeting.

    It's really important that we all make our best efforts to attend the DC rally. Our life, and those of our children and families, depend on this.

    Are you prepared to live for the next 10-15 years on EADs and AP? Ready to renew those every year? Limit your career growth and job prospects? Limit what you can and cannot do? Limit the raises you can get?

    There's no reason to be scared to attend the rally. Leading immigration attorney Sheila Murthy supports IV and the DC rally, and encourages all those who are affected to attend.

    Here's more:
    http://morejazzbythebay.wordpress.com/

    cheers!
    jazz




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  • martinvisalaw
    02-10 02:42 PM
    Hi ,

    I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll

    1. Which location i need to mentioned as primary ,home or where company located?

    The LCA should list the job location as your home address.

    2. Which state should the payroll runs where i live or where my seat is located?
    It doesn't matter for immigration purposes.



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  • Queen Josephine
    September 4th, 2005, 09:35 AM
    Ok, you know I love your pictures, so I played with curves and masking. Since I've been on the coast many times, I know those cliffs have a lot more detail than your photo, so I wanted to bring them out. I went for subtlety and not intensity in the color version. I don't know if it looked like this or not, but this is what I imagine it to be. Layering and adjusting curves can significantly change the "feel" of the picture to more closely emulate what you saw.

    Also, I really like the BW version for dramatic feel. Michael Michael Michael.... you do such nice work... there's always a jewel in the center with a bit of tweakin... that's what I love about your work! Many possibilities with one pic! :)




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  • tish
    06-26 05:37 PM
    question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?

    Doesn't matter as long it is in SEVIS system



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  • gcgc2005
    12-17 10:37 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    "
    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
    "




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  • gc_in_30_yrs
    07-27 04:20 PM
    Hi, I know this question is being asked by many people. I am sorry, but still confused. My situation is:

    EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
    EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.

    Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?

    Gurus, Please advise.

    Thanks.



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  • Blog Feeds
    11-18 03:00 PM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W.

    The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to determine the traveler’s eligibility and whether such travel poses a security risk. The ESTA application provides basic biographical, travel, and eligibility information and must be submitted online prior to traveling. There are currently 35 countries eligible to travel to the United States under the VWP. Travelers under this program may enter the U.S. for either business or tourism for up to 90 days without obtaining a visa.

    To view the list of VWP countries please visit the CBP website at www.cbp.gov (http://www.cbp.gov).





    More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/pilot-program-for-travelers-on-flight-6.php)




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  • Appu
    05-25 11:21 AM
    Depends on where you are going and the route you are taking. You have to clarify transit visa issues. Many airlines will require a transit visa if you don't have the green card.



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  • pmat
    12-17 02:10 PM
    You can transfer your status from H1 to F1 using a "change of status" form. The main issue is getting the F1 visa stamp. In the visa application form, there is a question which asks whether anybody has filed an immigrant petition on your behalf. As I-140 has been applied/approved, you will have to answer yes for that question. This will show immigrant-intent: but F1 visa is strictly non-immigrant intent - you have to show that you are not planning to stay in US. <--- You will have issues proving this.

    I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.




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  • LostInGCProcess
    02-05 02:50 PM
    I meant to ask about a turks & caicos visa. It is a british overseas territory but doesn't seem to require a visa from anyone.

    You may not need a visa to visit those British territories....but, you need a visa or AP or GC to enter US. Once you have gone there for visiting (or any other purpose), you have crossed the international border of US.




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  • itsmesabby
    09-17 12:51 PM
    Was this your first H1 stamping..
    Any questions asked at the counslate..
    Which counslate was it ..




    desi3933
    08-08 02:17 PM
    Why don't you file a lawsuit? :)


    Good one. :D




    continuedProgress
    03-25 04:10 PM
    In my opinion - with a Apr10 AP expiry date, getting a Schengen until Apr20 may not be possible. Unless the consulate wants to be nice to you! :)



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