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  • lvaka
    05-02 07:36 PM
    Can anyone please help me with the EFile of EAD. I am applying for my first renewal.

    1. Question: Have u ever applied for EAD? if Yes, Date for application:
    Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?

    2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?

    3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?

    4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..

    I would appreciate if anyone can help me with this info.





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  • cchaitu
    10-03 01:32 PM
    Somebody please help me...

    Do I see any update in online status of my I485, If USCIS sends me FP notice. Filling date is July 10th. I received everything else (Receipts, AP, EAD) but FP notice. If I call USCIS, do they help me find my FP notice status??? Please help...
    Thanks





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  • gcformeornot
    02-28 09:30 PM
    about your situation, but what I heard if you want to keep your H1b you need to find new job in 2-3 weeks.....





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  • glus
    01-22 12:12 PM
    Consulare processing means, you have to go out of the country to your home country and over there you have an interview for an immigrant visa. If approved you come to the states with that visa and receive GC here. If denied, consular processing CANNOT be appealed. The decision is usually final. When you do I485, whcih is adjustment of status, you stay in the US and if gets denied you CAN appeal the decision. To be eligible for adjustment of status in the U.S. one must show he/she never violated non-immigrant status until the I485 was filed(since last entry).

    If you file I140 while being on F1, that could be taken as "violation of non-immigrant" status. It is advisable to change to a dual intent visa before filing for I485. Such visas are H1 and L1.

    I am not attorney so don't take my answers for granted.

    G



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  • zCool
    04-02 11:16 AM
    all of them and then some..!
    Luckily I work for a genuine american company..
    In org chart there was just 1 non-white sounding name.. mine:)





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  • factoryman
    02-08 07:59 PM
    Berkeleybee is a gal.

    should we believe someone who justs says he/she has insider information? Who is this guy berkeleybee anyway?



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  • zCool
    04-10 08:26 AM
    There are 2 separate issues here..
    1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
    2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.

    I agree with other commentors here, you should move on. In your case, moving on would need,
    1. Make sure you got paid for actual time you were on the contract.
    2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
    3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,

    Basiically don't be scared, don't get mad, get even..

    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
    to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday





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  • WeldonSprings
    06-07 10:06 AM
    Same here. I appled on 14th. April and still waitting.



    I efiled my EAD in NSC on April 16th and Still I am waiting.



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  • Green06
    11-19 11:01 AM
    Congrats man!!. Thats the best holiday gift.





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  • Marphad
    04-03 12:04 PM
    IV community is noting but you and me. IV is a friend. IV is there to help people.

    Folks - one must also realize that talking to administration and getting things dione costs a lot of money through advocacy and IV needs a lot of money.

    So please be generous enough to contribute to IV - we need a lot of funds in these times when we really needs help

    Completely agreed with Chandu. As recently said by him, we have enough split: H1 vs GC, EB2 vs. EB3. Lets not create one more: Donor vs. Non-Donor.



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  • sixburgh
    08-04 07:17 AM
    I thought that I will share my recent experience.

    I arrived in USA in 2003 on a L1 visa.
    It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
    Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
    I changed my employer later using H1 transfer and they kept renewing my H1 petition.
    My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
    Since then I have been working with the same employer on EAD.
    After a long time I wanted to visit India, so applied and got my AP.
    Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
    This is because EAD is taking too long for renewal.
    I went to India, visited Mumbai Consulate, they did not ask me a single document.
    They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
    No other questions asked.
    I got my h1 stamp in 2-3 days.
    Planning to reenter USA on that stamp.
    Once I return my company will switch me from EAD to H1.
    Hopefully EAD will arrive after that.
    I will just keep that handy.
    If I move to another employer, I will have a choice, use H1 or EAD.
    I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
    I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
    Wife will continue to work on EAD.
    H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
    Plus I don't have to pay the crazy AP fees each time.
    Please do comment if you find this information useful or any issues in my plans stated above.
    I will update this post when I arrive back in USA.

    Update : 8/12/2010
    I entered USA on H1 through IAD airport with ZERO questions asked.





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  • GCmaniac
    03-27 10:56 AM
    Hi Breddy2000,
    Was your attorney from your company very much expert or you hired top rated attorney like Murthy or someother same category lawyer?

    I am in same disstress as you were, please respond ASAP, becaue I am not getting the feel from my company lawyer, so thinking of not to take a chance and go for high-end attorney.

    Thanks In advance



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  • dvb
    10-12 12:01 PM
    Unfortunately, we are left trying to fix things ... based on these forums, I probably now know more about immigration law than some of the USCIS people. :D





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  • krishnam70
    08-14 04:33 PM
    I have applied for Advanced parole at the end of July 2007. My H1B visa is expired, but my H1B petition is still valid. Should I just take the risk of traveling and try to get H1B visa renewed to re-enter ?

    OR should I just keep waiting for Advanced Parole to be approved ? I can wait until end of November 2007. But I am not sure whether I should plan to travel in Dec 2007 or not. I dont know how long its going to take to get the approved AP.

    Any thoughts ?? Do any of the July filers who have filed for AP know what time frame should we expect for approval of I-131 (AP) ?


    :confused:

    Thanks in advance

    You should be very careful of what you plan to do.

    Your 797 validity has nothing to do with your ability to enter the US. Its your passport visa stamp that is examined at POE, i am sure you are aware of it. So if you wish to travel on your H1 and enter back then make sure your visa stamp is valid or make plans to get a visa stamp from your home country.

    No second guesses on when your approved AP might come, so if you are ok with renewal of visa then go for it. Its your call.

    good luck



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  • eager_immi
    01-25 07:30 AM
    Don't u think that if X has contributed $1,000 and I have contributed $20/$0 I might be temped to rethink that I need to contribute more. It is not comparing $100 vs $200.

    Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.





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  • Leo07
    05-29 12:09 PM
    sam_hoosier,

    You are correct to the 'could' part.

    Let me begin my explanation by stating my position on debt default:It is bad, it' NOT worth it and don't ever do it. With the explanation that I will be providing below, I don't want to sound like I'm encouraging debt defaulting, which I'm absolutely NOT. There are severe consequences for your credit, if you default a debt.

    So, with that accusation out of my way :), let me explain the logic behind why I think OP is ok. Only thing that is in OP's favor is statutory time-limits, he had dodged the debt bullet for 5 years,afaik, creditors including the collection agencies lose their right to take him to court for a debt older than 5 years from the first date of default. Unless, OP makes some kind of partial payment now, which will bring the debt to current. At this point it will be a mistake for OP to do that. Collection agencies force him to do that mistake with all kinds of scary tactics -- He got to have a thick skin to settle the debt with whatever he can afford once for all.
    Secondly, collection agencies buy debt in bulk, like 1000 defaults at a time. Collection agencies go through a rigorous screening processes, including threatening phone calls, attorney-letter-head notifications etc, for each debt, even before they can take it to court. When they could not talk to him or trace him or find any utility bills of him for 5 years, they would just consider him as MIA. Unless this guy is a rich dude with Hummers parked outside his mansion all the time Or has couple of rental properties on his name, they will not risk further investment on this particular debt.

    Like always, my 2 cents.

    I stand by my suggestion that OP must seek help from a Govt or a not-for-profit Debt Help or the best thing is to seek Attorney's help if you can afford. Don't go to the collection agency or to any of your debtors first.

    Best!
    Your comment is factually incorrect.

    The creditor (or collection agency) can take you to court. If you don’t show up,the judge rules in favor of the creditor and against you. However, this judgment is just an acknowledgement that you owe the money.

    In order to collect another court date must be assigned to perform a ‘writ of execution’. If they summon you for this, and you don’t appear, they may issue a bench warrant for your arrest.

    If the amount is small enough, the creditor may just write it off (with impact to your credit history). But if its big enough they could go down the legal route.



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  • sguntaka
    03-31 12:16 PM
    Done. Thanks !!!





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  • telekinesis
    05-24 12:51 PM
    Sounds good. Almost done with mine!

    By the way, the title at the top of the browser assumes I'm graphicslash.





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  • HV000
    04-03 02:23 PM
    nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.

    For instance see:
    http://www.murthy.com/news/n_porret.html
    Salary Considerations for the New Job
    �MurthyDotCom
    Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.

    From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).

    Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...

    Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?





    dwhuser
    10-02 12:07 PM
    Right now we don't have any savings, paid off the car as of Oct 30th. I was trying to figure about the money which we are going to save from here on...I will take all your advice, sounds so logical and keep the emergency fund for 6 months aside.
    Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.

    Thanks all for your time and advice. Let's keep it coming...





    admin
    04-08 09:05 PM
    Great work Alok in getting this endorsement from AAPI and Dr Koli. This goes to prove that we are getting more and more broad based support.

    IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx



    AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.

    Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.

    Our cause is strengthened by Dr Koli and AAPI & their blessings!