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  • validIV
    03-17 08:53 PM
    That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.

    Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.

    Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html

    Always consult a proper immigration attorney





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  • WeShallOvercome
    09-21 12:20 PM
    EAD card production email for my wife received yesterday 9/20.

    I did not apply for EAD for myself.

    I'm a 'NSC only' case

    EB2, India PD : 12/2003
    I-485, EAD/AP RD :7/2/2007





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  • StarSun
    08-16 09:28 AM
    Pappu,
    Do I need to post my question on this thread or I can pass it on before in time to StarSun or you? B'cause posting my GC issue with personal information would not look appropriate on a public forum.
    Let me know.
    If there are personal details that is related to the question, please send the details to IVCOORDINATOR@GMAIL.COM Have the subject line:
    IV Username, Aug 19, Conf call.

    Can we post a question now or only after 8:30PM Thursday?
    You have to be present to ask the question on the call, and therefore we prefer if you posted the questions on Thursday.





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  • Devils_Advocate
    05-26 11:37 PM
    LOL, nice post.:D



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  • go_guy123
    12-14 01:52 PM
    yes job market in canada is not good. Alberta (but ist very cold though) is doing better because of the oil sector (oil prices very high)

    Some use the 3 years stay neeed (for citizenship application ) to do some
    mba etc there that uses up the 2 years. and hang on there for a year
    and with canadian citizenship work in us on TN1 visa.

    otherwise canada is not that great....but is US great on H1B and married with chidlren ? Basically u have to decide between stay in India or Canada taken citizenship for ur family and then move to us.





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  • zoooom
    08-24 10:41 AM
    Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
    To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.

    This is only my experience. For expert advice, always check with a qualified attorney
    My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?



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  • texanguy
    02-08 07:40 AM
    It will answer all your questions below and more...

    http://r2iclubforums.com/





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  • H1bEmployer
    09-16 02:33 PM
    Folks,

    We have a Consulting Firm Run Professionally. Little about me, Have been in the country for past 12 Years. Came up the Ranks via Consulting Firm like many of you.

    Some Facts & Disclosure..

    I am not Here to Hire Folks, just to voice my Opinion. Something that People on H1b should hear from Employers View as well. There is lots of Information to go around, from Consultants, who been here for few years to new folks who come to USA. Mostly its just Bad news for the new comers... Welcome to Bload Sucking Desi Consulting Firm.. Welcome to New Jersey.. or where ever you may land.. You get the point.

    I am not here as Voice of Rest of Employers.. Just Pointing things out as I See it..


    OK.. here we go..

    Most of the employers, HATE doing Percentage bases. Give any employer a choice, between doing working on 70/30 or 80/20 or with a Stright Salary... 99% would be willing to work on Straight Salary Basis. Because that's what is Required by the Law. Simple as that.

    I do Agree that there are lot of employers, who don't pay on Bench. WE DO. Here is what has happened very recently with our employees.. Few of our Employees have QUIT because we refused to do % Basis & these are the guys who came 6 months ago on new H1b. I would understand the Senior Employees Who have been with us for say 2-3 years ask for % basis Pay.
    Now We are in a situation where we have Agree on % Basis Pay as a Company Wide Policy & then offer is to all our employees.. But that puts us on odd with Department of Labor. Which Madates every H1B employee to be on staight Salary basis.

    You tell us what are our Options.. Either we Fire/lose employees who want % Basis pay.. just because their peers are getting it (EVEN If it is ILLEGAL )

    We Don't Charge a Penny for a H1b, We foot the Bill.. Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery.. I Know & Fully Understand that its a Cost of doing Business..
    Now, if we go on % Basis, our whole model changes... Because, There is Cost of Doing business, Managing Employees, Marketing, H1b, Greencard, Full Pay on Bench, & Last but not least Profit.

    So if i have put employees on % Basis, that means We as company are making Hardly anything. Which means, we have to charge new h1bs, for at-least Lawyer fees.. What if it does not get selected, what do we do. Refund the money, Then whats a point of taking the money in the first place.

    We WANT to pay on bench, because most people normally do find a project in 30-45 days, Provided they are Technically sound.
    With Percentage Basis, We can't do that.. Since the Employee has chosen to work on Hourly.. No Work No Pay.

    What should we do for Holidays .. Again No Work- No Pay..

    We have done the Calculations.. Believe me.. There is Hardly any Difference Between % Pay & Straight Salary if you account the following at the end of year...

    -- Medical & Dental Insurance.
    -- Expense of Relocation, Moving your Apt, Car & Staying in Hotel for a week before you find a place to crash
    -- No Bench Pay, No US Holiday Pay, No Sick Leave
    -- No Pay for Vacation, Unless you don't Believe in Vacation.
    -- No Green Card
    -- No H1b Extension.. You would have to foot the bill at the end of your 3 year term on H1b.

    When you account for the above.. you tell me..

    We don't want our employees to take the Above risk.. believe me I have try to make these guys understand & have reasoned with them.. Provided with Financial Calculations..

    What do (Some) of our employees see.... Just a Few Bucks more... Nothing else..


    So I am going to let you guys Answer this Question...

    Who is making us Going on the EVIL-DESI-Consulting-Path ?

    Thanks



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  • rockstart
    06-19 10:05 PM
    Please post it for other people who are not part of state chapter





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  • caydee
    03-07 04:22 PM
    Short answer No. Long answer: it depends on when you will apply for 485. For example: you filed I-140 on Jan 1-st 2006, it was approved on Jan 1-st 2007, so it was pending for 365 days. You are applying for 485 when you child is 21 years and 364 days old - he is covered by CPA (Child protection act) and can file 485 as your dependent. One day later - he is not covered and could not file 485.
    Hope it helps.

    Yes, you have answered my question. Thanks.
    One must consider this before deciding on premium processing. I took the PP route and got I140 approval in 118 days. Dont know if I will have the opportunity to file I485 before my child turns 21 + 117 days.

    Thanks again!!



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  • mirage
    03-16 04:44 PM
    I would put this News letter in one of the 'Most Informative' ones. It clear doubts about maintaining H1B/EAD it talks about changing jobs on AC21. Intresting to see that 3 years EAD/AP thing as well as he mentions about the combined EAD/AP document. Attorney Ron Gotcher is also very proactive on his forums, you can ask specific questions, he usually answers it the same day..





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  • nt07
    11-07 08:04 PM
    I am in a similar situation. My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.

    Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.

    Also, from the previous post I understand that one needs to be present in the US to renew EAD and AP. My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?

    For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?

    Any thoughts will be much appreciated.

    Thanks.



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  • bsbawa10
    09-11 01:35 PM
    My file is also sent to des moines IA. been there since june 08.
    PD is current for a while. no updates yet.

    On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.





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  • getgreensoon
    03-09 09:40 AM
    Here is what I found from Murthy Forum --

    According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
    (1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
    (2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
    (3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
    (4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
    (5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
    Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
    Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.

    (6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
    (7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
    equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
    (8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
    [Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
    Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

    These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.



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  • amitga
    01-28 10:44 AM
    I think Michigan chapter is totally inactive. we need to get organized. I am willing to take the responsibility of organizing the Michigan chapter. Please send me PM/email (amitga@yahoo.com) with your details.
    1) e-mail id
    2) phone number (Optional)
    3) Employer (optional)

    The main agenda will be
    1. How to increase awareness about IV and increase its member base/funding?
    2. How to meet all Congressmen and their Immigration staff?
    3. Get more and more people from Big Employers (Specially big 3)

    I live in Troy MI (20 miles from Detroit). So all the people from Detroit Metro area can meet somewhere in Detroit.

    Amit





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  • sanjeev_2004
    08-27 10:44 AM
    Cool down dude, I can understand OPs frustrations, I am in same boat and see similar cases around, not that ead or ap is anything great, just that someone who applied before feels rejected seeing TSC giving out eads like cookies:)

    When baby cries mom gives milk cup or some time slap. But they like each other. So nothing to cool down here. You need to face argument.

    Even receipt is also not some thing great but for you question should be what is more critical at this time getting receipt or getting ead.

    I guess every one can wait for EAD but every one need receipt first.



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  • ganguteli
    06-25 12:55 PM
    I have added the poll.

    Ganguteli - I told you what I think, its your choice now.

    I am also asking people to think so that they are not taken advantage of.





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  • prem_goel
    08-05 05:22 PM
    Guys, what about July 2007 filer. I filed my 485 then without my wife's name as she somehow could not join me then. I am hoping that as soon as my dates are current, I'll immediately file my wife's 485 on the first day of the month. Hopefully that should include her in my app before its approved.

    Am I thinking right?





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  • axp817
    08-19 10:09 AM
    Background: Current AP expires on Oct 24 2010. I don't have the new AP yet, but I should have it soon, and I expect it to be valid from Oct 25 2010 - Oct 25 2011.

    Question: Am I allowed to leave the US on Oct 20 2010 (during the validity of the old/current AP) and return on Oct 30 2010 (during the validity of the new AP) if I carry both APs with me?

    Thanks!





    JunRN
    08-26 06:02 PM
    Just thinking, is approval of EAD also meant that I-485 is accepted?





    glus
    01-24 07:49 PM
    contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..

    EXACTLY Right GCAmigo!



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