Monday, July 4, 2011

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  • java_jaggu
    01-22 02:54 PM
    Kevin,

    It's no different using the future employment EAD from that of a current employment EAD. However, I would suggest you work for that future employment company for say 6 months before you use AC21 and move on to a different job. This would alleviate the risk of INS considering your case to be fradulent.




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  • rajenk
    10-01 01:04 PM
    Ours got approved approved today 10/01/2010.

    Cheers
    Raj:)




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  • asanghi
    06-22 02:18 PM
    If both I-94s belong to the same person then I think it is normal.

    I entered country last time in 2005. After that I have my H1 renewed twice both times I-94 number stayed the same. Same also goes for my wife. The renewed I-94 always carries the same number as the one you got while entering the country.




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  • morchu
    05-24 01:25 AM
    SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.

    But in a practical scenario she need an SSN to work (see below reasons).

    SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
    Does she need SSN to work on EAD?



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  • starscream
    09-10 09:40 PM
    Friends please see situation below:

    My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.

    I got experience letters from 2 of my previous employers as proof of experience:
    Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
    Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.

    Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.

    There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.

    Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???

    Thanks




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  • bauchermark
    08-19 12:53 AM
    I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?

    Thanks for your help. I pray no one should go thru these type of issues in thier life.



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  • vin13
    05-28 12:47 PM
    IVians,

    Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.

    on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...

    Please advise?

    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.




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  • LostInGCProcess
    11-04 11:07 AM
    Gurus,

    My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
    Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.

    Please let me know

    Thanks and Regards

    I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.



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  • ssg.gcl
    10-12 04:31 PM
    I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.

    My question is does my labor expire, If I dont use it to file 140.

    Thanks for your advice.




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  • sixburgh
    08-04 09:31 PM
    I am also in a similar boat, see my thread at http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599399-sharing-experience-h1-stamping-in-india-while-485-pending.html

    Can a lawyer please comment on this?
    Does using an H1 stamp to re-enter USA create any issues with my pending 485?
    I do have an AP in hand too.
    I too am working for the same employer who are helping me keep my H1 while 485 is pending.



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  • ChainReaction
    02-19 11:02 AM
    As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.

    Thanks for the reply




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  • GoGetGC
    02-19 09:49 AM
    Hello,

    My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.

    I have to visit my home country in May 10 and i wanted to go with my new h1b documents.

    Can you please suggest if i can file now or is there really a timeframe before we file?

    Sorry forgot to mention, I have approved I140.

    Thanks for your time and suggestion!

    GoGetGC



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  • morevilla66
    01-05 04:56 PM
    Hello
    I went through the same and it was fairly easy and not stressing.. you have to have copies of your passport ( the persons applying for extension and copies of the return tickets of the flights back home, you need a form : I-539 and fill it up, print it and send it with all the documentation they require, it would be advisable to have a sponsor or a person who certifies that will be financially in care of her expenses. ( forgot the form number but i think is I-139 ..please check ) and once you got all those requirements send them with 300 $ that costs the application process and in less then 4 weeks you will get a letter with either the aproval or the denial of the stay. If your I-94 expires while you wait for the form do not worry cause you are not going into illegal state while the USICIS is processing your application. GOOD LUCK !! and enjoy your ceremony !!




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  • sbmallik
    07-01 03:40 PM
    Good luck on your H-1B transfer ... in the worst scenario you have 10 days.



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  • carbon
    03-24 09:26 PM
    If you have worked on a H1B that was from the quota and you have
    never left the US for more than 1 year since then.. then you can
    transfer your university H1B to company H1B (without waiting for Oct1)
    I have comfirmed this with one lawyer for my situation.




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  • samrat_bhargava_vihari
    05-27 04:22 PM
    Two weeks is normal. We filed paperbased renewal last month end and it got approved.

    FYI
    though it is difficult to identify the EAC/SRC no in soft copy of check.
    If you can able to print the back side of check you can easily figure out the EAC/SRC no.



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  • vts31
    10-01 10:26 PM
    wacom gives u more for your money. Genius feels really fragile...likes its gonna break easy.




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  • davesmith
    01-28 09:59 AM
    hi,

    Where can i find the Family Based Inventory Information? Same like employment Based ( below link).

    employment based inventory statistics (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)



    Thanks a lot




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  • ItIsNotFunny
    11-11 07:54 AM
    Please send mails to fight AC21 injustice:

    http://immigrationvoice.org/forum/showthread.php?t=22182




    sertha1
    06-22 12:40 PM
    I am in a strange situation. My wife got her H1B approved with petition starting date 10/1/2006 but never worked. She got her SSN on 02/24/2007. I spoke to the attorney and he gave me 3 options:
    1) Change her status to H4 and apply I-485 when she gets the approval notice. But I dont know whether the priority dates would be current then?
    2) Send her back to the home country and get the H4 stamped and come back on legal status. I am afraid what if she is denied H4.
    3) Apply I-485 and only at the time of adjustment of status, the officer can only decide her case to approve or deny. Till then we cannot know.

    What was her status between 10/1/2006 and 2/24/2007 when she didnt had the SSN? Is she considered H1B or H4?

    Is anybody in a similar situation and what are the options?

    Thanks.




    nk2006
    12-11 03:31 PM
    4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.

    Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.

    This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.

    Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.

    Let me know if my understanding is not right above.



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