sanjeev_2004
10-11 05:39 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
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latbsol
10-01 06:03 PM
Hi guys,
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
kirupa
10-06 05:33 PM
No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.
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damit
04-07 10:02 AM
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
more...
walking_dude
12-05 02:10 PM
I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.
danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
more...
freeskier89
02-09 03:22 PM
Ooooh my bad. Sorry about that. It's kind of like joking about bombs in an airport lol. Its kind of an edgy subject. Anyways, congrats!
2010 Funny Quote: Love is that
pappu
08-23 06:35 PM
I tried to educate some of the university students( MS) about our issue. They dont
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
even care! Its seems like, they think, somebody else will take care of this
Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.
thanks again for at least trying.
more...
gparr
February 2nd, 2004, 07:17 AM
Thanks to all for your feedback. All very helpful. I should have mentioned that I captured this image during a break at a trade show and, since I'm from Illinois and any flower is appealing at this time of year, I couldn't just let them go.
Russell hit the point I was trying to get to, but apparently didn't explain very well. In this kind of shot there, by default, is not focal point in the scene and, as Russell has demonstrated, you have to create something that isn't there from the human eye perspective. He was able to achieve the necessary composition in PS and it works quite nicely. The dilemma I face with these shots is that the visual impact is the planter full of blooming flowers and attractive foliage. One option is to have the planter be the focal point of a larger scene, but in this case, the larger scene was the grounds of the Anaheim Convention Center. Not a scene I want to capture. So the image becomes what's in the planter and then the problem is, what part of what's in the planter. Obviously, I could have gone for a macro shot of one cluster of flowers, but it was the collection of flowers that was attractive. From what Russell has demonstrated, the solution seems to be a semi-macro shot. To achieve that in the camera requires a narrow DOF and placement of the chosen flower cluster at one of the "rule of thirds" points. I guess, in the final analysis, there's no real good way to get a captivating image that shows a portion of the planter with as many flowers in focus as possible. (Of course, I could carry a small cherub figurine with me on business trips to plop into planters such as this as a focal point. Plus, it would be a good conversation piece at the airport security check in. ;) ) Thanks again to jliechty, lecter, and Russell. Additional comments appreciated.
Gary
Russell hit the point I was trying to get to, but apparently didn't explain very well. In this kind of shot there, by default, is not focal point in the scene and, as Russell has demonstrated, you have to create something that isn't there from the human eye perspective. He was able to achieve the necessary composition in PS and it works quite nicely. The dilemma I face with these shots is that the visual impact is the planter full of blooming flowers and attractive foliage. One option is to have the planter be the focal point of a larger scene, but in this case, the larger scene was the grounds of the Anaheim Convention Center. Not a scene I want to capture. So the image becomes what's in the planter and then the problem is, what part of what's in the planter. Obviously, I could have gone for a macro shot of one cluster of flowers, but it was the collection of flowers that was attractive. From what Russell has demonstrated, the solution seems to be a semi-macro shot. To achieve that in the camera requires a narrow DOF and placement of the chosen flower cluster at one of the "rule of thirds" points. I guess, in the final analysis, there's no real good way to get a captivating image that shows a portion of the planter with as many flowers in focus as possible. (Of course, I could carry a small cherub figurine with me on business trips to plop into planters such as this as a focal point. Plus, it would be a good conversation piece at the airport security check in. ;) ) Thanks again to jliechty, lecter, and Russell. Additional comments appreciated.
Gary
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psaxena
10-07 03:18 PM
Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
more...
Lisap
08-28 12:18 PM
Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!
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acecupid
07-12 02:18 PM
Guys, Arnie may just decide to terminate us.:D I think we was completely against immigrants (mexicans) and received a lot of flak for his statements against the hispanic community. He had to take back his statements to please the community. Some commedians made fun of this statements saying "I'm in, now close the door" (referring to the wall on the border)
fyi.. arnie is a austrian immigrant.
fyi.. arnie is a austrian immigrant.
more...
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shantanup
10-15 11:17 AM
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
Can anybody list the states that check immigration status to renew / issue a driver's license?
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imh1b
05-19 09:40 AM
Canadian Immigration is easy. You can do it yourself.
more...
pictures Funny 500 - Famous Quotes
nefrateedi
08-29 12:03 PM
Could someone please, help me with the following situation; HERE IS MY EXPLANATION:
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
When were your applications filed? If it was before July 30, your I-485 could be filed at either Nebraska or Texas.
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grajesh2000
05-02 10:32 AM
Count me in
more...
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Junky
10-24 11:21 AM
Dear Friends - I have a question and would appreciate your thoughts.
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)
My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?
Yes, you can file him as dependent & you do not need his SSN. You have everything (notarized passport etc.), you have to file for ITIN number with IRS. I know lot of my friends did it (not of their own but they went through tax attorney)
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paskal
02-14 07:49 PM
I wished too :), though i am happy helping Paskal in his efforts now :)
the immediate task at hand is to collect letters for the admin. reform campaign
legislation will happen at it's own pace as we all know by now.
http://www.helpniloufer.org/
this wonderful blog created by needhelp! will make it easy..find a template, addresses to mail and oodles of inspiration!!
the immediate task at hand is to collect letters for the admin. reform campaign
legislation will happen at it's own pace as we all know by now.
http://www.helpniloufer.org/
this wonderful blog created by needhelp! will make it easy..find a template, addresses to mail and oodles of inspiration!!
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pa_arora
07-02 12:09 PM
Read that again..they said it right..."All numbers available to these categories under the FY-2007 annual numerical limitation" have been made available.
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
northstar1
07-15 08:54 PM
Guy's,
Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.
http://digg.com/politics/The_Gandhi_Protest
Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.
http://digg.com/politics/The_Gandhi_Protest
LondonTown
05-25 08:03 AM
Sent the fax.. going to call...
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