sac-r-ten
06-22 10:27 AM
nothing in advice/suggestion, just wishing you good luck with your endeavour.
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glus
01-25 08:04 AM
As far as I know, starting a PERM application in itself does not amount to an intent to immigrate - it is simply a labor market test for a future position.Remember, the employer can port the LC to a different employee at a later date. I-140, however is an application to immigrate permanently to the US; hence a violation of the F1 visa. You may have a difficult time getting your I-485 approved or have to go in for consular processing. It is best you consult a lawyer on this one; don't count on random opinions on the forum for such a serious issue.
You are correct!
You are correct!
desi3933
03-18 10:56 AM
Best advice? Talk to more than 1 immigration lawyer.
I don't need to talk to Immigration Attorney.
Have a good day!
I don't need to talk to Immigration Attorney.
Have a good day!
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k3GC
06-14 06:52 PM
Just heard on CNN that CIR is back on the Senate floor for sure. They have agreed to some compromise. We need to watch our for what has been agreed to and make sure that our requirements are not missed out, else all we will have for ever is a PENDING 485 APPLICATION
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illusions
01-18 12:05 PM
2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
I've got to agree with you. I was just getting out of college that time as well. I had a job at Best Buy, and trying to find my first break, and all my senoirs were getting laid off. I finally got an internship at a startup company for $2000 a month, and ever since then the market has been doing good. I really hope it will never come to the way it was back then. But as of now things are doing quite well, there is stilll a lot of hiring going on.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
I've got to agree with you. I was just getting out of college that time as well. I had a job at Best Buy, and trying to find my first break, and all my senoirs were getting laid off. I finally got an internship at a startup company for $2000 a month, and ever since then the market has been doing good. I really hope it will never come to the way it was back then. But as of now things are doing quite well, there is stilll a lot of hiring going on.
ashkam
07-20 09:17 AM
Also, consulate-provided certificates cannot be accepted as primary evidence. They can be used as secondary evidence along with school certificates, etc. Primary evidence is either copy of original birth certificate or affidavits or a combination of both.
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jthomas
03-17 11:49 PM
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.
Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.
Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.
Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
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Madhuri
03-31 11:58 AM
Done.
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go_guy123
03-16 01:07 PM
I saw this on an anti immigrant site by a M*****r.
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
Yes, Norman Matloff goes over IV once in a while to know whats the current "in thing", he mentioned this once in his newsletter.
He always goes after H1B, L1 and Eb visa. He never mentions about family based or even illegals because his wife is from China and came via family based visa (marriage).
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
Yes, Norman Matloff goes over IV once in a while to know whats the current "in thing", he mentioned this once in his newsletter.
He always goes after H1B, L1 and Eb visa. He never mentions about family based or even illegals because his wife is from China and came via family based visa (marriage).
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Dhundhun
07-09 06:57 PM
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
With citizens of India, it is full penson benefits, what ever it is (earned based on contributions). You don't get medicare type of thing.
For citizens of countries like Canada, it is limited by windfall limits. People who worked in both US and Canada become elligible for too much retirement benefits and it is curtailed by limits.
So in nutshell, any treaty may worsen benefits of 10 or 10+ Social Security Contributers.
Refer to http://www.ssa.gov/pubs/10137.html
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
With citizens of India, it is full penson benefits, what ever it is (earned based on contributions). You don't get medicare type of thing.
For citizens of countries like Canada, it is limited by windfall limits. People who worked in both US and Canada become elligible for too much retirement benefits and it is curtailed by limits.
So in nutshell, any treaty may worsen benefits of 10 or 10+ Social Security Contributers.
Refer to http://www.ssa.gov/pubs/10137.html
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ntpatil
11-10 06:14 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
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she81
06-10 11:21 PM
If you know about the Pilot Plus Program which is in effect in TSC I believe, you'll know what I mean. It just states that USCIS will process concurrently filed cases together to minimize time to process and achieve efficiency (non-concurrent filings not affected). Hence, only those 485s that fall in the current category get their 140 and 485s processed. Now that EB3 is U - there's no way they'll touch those concurrent cases.
In addition, I've also heard people talk about Ohata Memo - which says the same thing as Pilot Plus Program.
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
In addition, I've also heard people talk about Ohata Memo - which says the same thing as Pilot Plus Program.
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
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ashkam
01-24 04:39 PM
Agree with genscn. Actually, if your wife is not working on-campus, then she doesn't even have to show her EAD. Just send your I-485 receipt copy which proves that she is here under AOS status in which case she can study anywhere she wants and take as many credit hours she wants without being out of status.
Just let the school know that your wife doesn't need to be in F1 status anymore. Let them report whatever they want to the INS.
Just let the school know that your wife doesn't need to be in F1 status anymore. Let them report whatever they want to the INS.
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collkaverill
09-13 10:58 AM
Hello all, I know at least some of you are anxious about EAD. So am I. Starting this thread to see what's going on with it.
This is NOT receipt tracking. Just want to track who got the final EAD card.
Please include:
Date you filed,
Receipt Date,
Service center,
If EAD received, date which you received
If still waiting, Last Update Date
My/My Wife's case:
Date Filed: June 29, 07
Receipt Date: July 25, 07
Nebraska Service Center (not transferred anywhere, I think)
Still Waining, No updates since receipt, stated LUD (Jul 28)
Thanks a lot
This is NOT receipt tracking. Just want to track who got the final EAD card.
Please include:
Date you filed,
Receipt Date,
Service center,
If EAD received, date which you received
If still waiting, Last Update Date
My/My Wife's case:
Date Filed: June 29, 07
Receipt Date: July 25, 07
Nebraska Service Center (not transferred anywhere, I think)
Still Waining, No updates since receipt, stated LUD (Jul 28)
Thanks a lot
more...
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pd_recapturing
10-06 01:03 PM
Still do not know as to how to get a copy of I-140 approval notice from my employer. Can somebody suggest a way to ger it?
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gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
more...
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pponakan
02-15 11:31 PM
bbct :
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
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rb_248
01-07 02:01 PM
Satyam in tamil means truth. However, the company CEO is now known for Fraud......how ironic.
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she81
06-10 11:21 PM
If you know about the Pilot Plus Program which is in effect in TSC I believe, you'll know what I mean. It just states that USCIS will process concurrently filed cases together to minimize time to process and achieve efficiency (non-concurrent filings not affected). Hence, only those 485s that fall in the current category get their 140 and 485s processed. Now that EB3 is U - there's no way they'll touch those concurrent cases.
In addition, I've also heard people talk about Ohata Memo - which says the same thing as Pilot Plus Program.
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
In addition, I've also heard people talk about Ohata Memo - which says the same thing as Pilot Plus Program.
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
glus
10-09 12:56 PM
Get a new passport and when re-entering with the new passport, show the expired passport with an unexpired visa. Unexpired Visa in expired passport is valid and can be used to re-enter.
That's the best way. You have to leave before your current I94 expires.
That's the best way. You have to leave before your current I94 expires.
fittan
03-18 09:35 AM
I don't believe it...did you guys even read the original thread? He is asking about being laid off while on EAD while you went on a tangent about H1B status, buying furniture and rental lease!
Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?
The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.
One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?
The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.
One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
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