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  • max714
    04-09 10:48 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.


    A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.





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  • ultimo
    08-08 08:12 AM
    i134 you can file :)





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  • LostInGCProcess
    11-10 03:56 PM
    Hi forum users,

    My wife is on h4 visa and we have found a volunteering position for a profit company.

    Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.

    You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.

    So that once we get our EAD we can use it to work.

    Does any one have any information about this. Because it is not a non-profit company it is a profit making company.

    The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.

    Thanks.

    The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.

    Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.





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  • arihant
    04-12 05:00 PM
    I whole heartedly agree that labor substitution elimination makes sense. However, the 45 day proposal built into this rule can be disasterous. I just posted my experience with the 45 day letter from BEC in another thread.

    Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.

    If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!



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  • chanduv23
    09-04 04:21 PM
    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.

    yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.





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  • hemanth22
    07-21 09:24 AM
    What you should do immediately.

    If anyone lives in these Senators' jurisdictions, please call their offices and thank them for sponsoring the amendment, and encourage them to keep pushing for this amendment.

    SPONSOR: Senate Amendment 2339 Sen Cornyn, John [TX],

    COSPONSORS(6):

    Sen Enzi, Michael B. [WY]
    Sen Gregg, Judd [NH]
    Sen Smith, Gordon H. [OR]
    Sen Sununu, John E. [NH]
    Sen Coleman, Norm [MN]
    Sen Voinovich, George V. [OH]

    If anyone lives in Senators' jurisdictions who voted yes, please call their offices and thank them for understanding our problems and encourage them to keep pushing for this amendment.

    If you live in the jurisdiction of those who voted against the amendment, please call them and encourage them of the urgent need for similar amendments. Telephone is the best way to make your voice heard. Here is the link to the Senators' phone numbers and contact info.

    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    See comments for the roll call of votes (the YEAS were the people who helped us, the NAYS were the people who hurt us).

    http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

    Grouped by Home State

    Alabama: (R-AL), Nay Shelby (R-AL), Yea
    Alaska: Murkowski (R-AK), Yea Stevens (R-AK), Yea
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Arkansas: Lincoln (D-AR), Nay Pryor (D-AR), Nay
    California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
    Colorado: Allard (R-CO), Yea Salazar (D-CO), Nay
    Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay
    Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
    Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
    Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
    Idaho: Craig (R-ID), Yea Crapo (R-ID), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Indiana: Bayh (D-IN), Yea Lugar (R-IN), Yea
    Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
    Kansas: Brownback (R-KS), Not Voting Roberts (R-KS), Yea
    Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
    Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
    Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
    Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
    Massachusetts: Kennedy (D-MA), Nay Kerry (D-MA), Nay
    Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
    Minnesota: Coleman (R-MN), Yea Klobuchar (D-MN), Yea
    Mississippi: Cochran (R-MS), Yea Lott (R-MS), Not Voting
    Missouri: Bond (R-MO), Yea McCaskill (D-MO), Nay
    Montana: Baucus (D-MT), Yea Tester (D-MT), Nay
    Nebraska: Hagel (R-NE), Yea Nelson (D-NE), Yea
    Nevada: Ensign (R-NV), Yea Reid (D-NV), Nay
    New Hampshire: Gregg (R-NH), Yea Sununu (R-NH), Yea
    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New Mexico: Bingaman (D-NM), Nay Domenici (R-NM), Yea
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    North Carolina: Burr (R-NC), Yea Dole (R-NC), Yea
    North Dakota: Conrad (D-ND), Nay Dorgan (D-ND), Nay
    Ohio: Brown (D-OH), Nay Voinovich (R-OH), Nay
    Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
    Oregon: Smith (R-OR), Yea Wyden (D-OR), Yea
    Pennsylvania: Casey (D-PA), Nay Specter (R-PA), Yea
    Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
    South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
    South Dakota: Johnson (D-SD), Not Voting Thune (R-SD), Yea
    Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
    Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
    Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
    Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
    Virginia: Warner (R-VA), Yea Webb (D-VA), Nay
    Washington: Cantwell (D-WA), Yea Murray (D-WA), Yea
    West Virginia: Byrd (D-WV), Not Voting Rockefeller (D-WV), Nay
    Wisconsin: Feingold (D-WI), Nay Kohl (D-WI), Nay
    Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea



    This is a very unfortunate happening.

    New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
    New York: Clinton (D-NY), Nay Schumer (D-NY), Yea
    Illinois: Durbin (D-IL), Nay Obama (D-IL), Not Voting
    Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
    Delaware: Biden (D-DE), Nay Carper (D-DE), Nay


    Among the senators with presidential ambitions only McCain voted in favor of the bill
    I am for , contacting the local sentators who have voted nay for this bill

    Are there any established methods of doing so



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  • fromnaija
    07-11 03:24 PM
    If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.

    So the options you have are:

    1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.

    2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.

    The choice is yours.





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  • walking_dude
    09-07 02:22 PM
    My apologies if the post was out of context. Didn't want to open yet another thread here.

    I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?


    Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.

    Walking_dude,

    If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.

    Hope you understand what we are trying to say.



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  • alterego
    08-21 07:19 PM
    Congrats. on getting out of the queue!

    Was your a physician HPSA NIW or another type of NIW?





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  • abhijitp
    02-16 11:07 AM
    See you there on Sunday

    This is awesome!
    Gsc999 we promise to do our best here too... we badly need volunteers, though.



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  • Becks
    03-22 07:09 PM
    You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.

    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?





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  • immi_seeker
    09-13 01:22 PM
    What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people

    why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
    1. Capture lost Visa numbers
    2. Get rid of country quota.. how does this country based quota makes sense in EB Category??


    Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).



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  • ashkam
    04-21 02:21 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit

    There's no such strings attached. You can convert from H4 to H1B whenever you want without the quota applying to you, as long as you
    1.> Haven't spent a year outside the US, or
    2.> Have your I-140 approved, in which case (1) won't apply.





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  • Madhuri
    04-09 11:30 AM
    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri



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  • belmontboy
    04-18 11:53 PM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.





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  • dvb
    12-10 11:16 AM
    Hi All,

    Just posting my experience of traveling on AP as a reference for others:

    I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.

    In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.

    The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.

    Simple process, no hassles.

    Enjoy!



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  • snhn
    04-21 12:10 PM
    Hello all,


    it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.


    I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.

    What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.





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  • voldemar
    06-22 11:14 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.





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  • jonty_11
    11-15 01:41 PM
    Yes, I94 is a part of ur new H1 (at teh bottom)...so u can go to Canada Mex using that and enter back into US within 30 days....





    logiclife
    05-14 04:41 PM
    Message from the core group :

    Even though there is a huge movement forward in PDs for EB2 and EB3, the immigration voice core group is not scaling back. We are going to continue our efforts in full speed ahead . For those who are out of the retrogression in June, CONGRATS...we really are happy about the current movement.

    The core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow where Senator Alexander and Senator Bingaman will be present and the event is about high-skills immigration. Aman and Pratik were here last week thursday and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.

    Core group's job is not over until all dates are current and significant other reforms are brought to Greencard process and other related issues.





    jr8rdt
    11-12 05:32 PM
    1) To invoke ac21 do you have to have EAD and ...

    a) I-140 approved and 485 pending 180 days or more OR
    b) I-140 pending and 485 pending 180 days or more


    2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...

    Thanks



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