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  • chaks7
    01-20 11:24 AM
    My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.





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  • sixburgh
    08-13 10:46 AM
    History:
    - My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
    - Wife had entered USA on H4 (2005)
    - In July 2007, we both got a chance to apply for 485, EAD and AP
    - Since then I switched to EAD, wife too started working on EAD
    - But my company also kept renewing my H1
    - During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
    - We both received our h1 and h4 notices.
    - Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
    - This is what I did, I got a stamp and entered USA now on H1.
    - Note that my wife continued to remain in USA and worked on EAD.
    - Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
    - Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
    - But once wife gets EAD, she will continue to use it to work.

    Question for fellow IV members :
    By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

    (My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
    (I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

    Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

    Can someone shed some light on this: Am I right or wrong?
    Does this affect her or mine, pending 485/AOS ?





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  • gatsat
    10-08 03:23 PM
    No. Is there any way to get it delayed till my marriage ?





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  • ps57002
    09-09 02:37 PM
    Please advise.

    Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.

    Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.

    I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.

    What should I do now? Please advise what i can submit to correct this?

    *Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?

    *Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.

    *As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.


    Please help as I'm very stressed about this....

    Thanks.



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  • smuggymba
    03-07 02:15 PM
    Hi Smuggymba, very sorry to see you in such a situation...



    These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.





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  • pezz77
    05-24 10:02 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.

    Thanks for answering the question Sravani... that's all I was looking for: opinion on wether or not it was best to wait or not. Have a good one.



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  • vin13
    01-06 03:19 PM
    The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.





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  • venky08
    07-28 04:59 PM
    guys...

    don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...

    Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!



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  • veni001
    11-08 01:32 PM
    hello

    work for decent size company (1500 employees).i am the only non citizen/non gc holder

    applied eb3 and stuck since 2003.gained masters in 2006

    planning to apply to EB2 with different title .

    my employer is requesting to apply eb2 for masters with 7 years of experience as requirement

    in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that

    does that mean its guaranteed audit like that meaning do they question or is it possible

    any experiences who ported are appreciated

    thanks

    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)





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  • SlipperyGC
    05-22 10:20 AM
    No mention on incompetence on part of DOL?



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  • pt326bc
    10-02 03:54 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks
    That's the fundamental idea behind the green card process; Green Card is for a "future job".
    There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
    There is also no legal requirement you even be in US (ever) before the process is initiated.
    The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
    Regards.





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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.



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  • indianabacklog
    10-28 11:03 AM
    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne





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  • eb3retro
    12-25 01:23 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD



    for god sake, let us know the name of the employer. that will save a soul or two. thanks.



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  • dfwhunt
    05-22 11:54 AM
    Yes, if they can file their 485 after June10..there will be certainely some more movement of PDs...





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  • suratvoice
    12-17 10:46 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?



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  • lostinbeta
    10-03 01:19 PM
    HEY.......YOU CAN'T DO THAT!!!!!!!!!!

    Well fine, if you want to play like that.....

    SPAM*(INFINITY*(INFINITY+1)*(INFINITY^INFINITY))

    :::Runs and ducks behind a building in a dark alley, gets mugged by some thugs:::

    :::evil chuckle is still heard, but is much fainter than before:::





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  • DUNBAR
    09-22 12:48 PM
    My labor was filed in 2008, got the Audit in filed month 2009,responded and got cleared in filed month 2010.





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  • a_yaja
    03-15 12:07 PM
    This topic seems to be gray for H1B holders. What is allowed and what is not.

    * What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".

    Accepting $200 for an article in the above scenario should be OK. However, if you are going to make a career out of it (writting articles for the sole purpose of generating income) - they you have crossed the line for "passive income" definition. Similarly, selling stuff on auction sites is OK as long as you are diposing off your stuff. But if you are going to go around your neighbourhood looking for stuff that you can sell on auction sites, then again you have crossed the line.

    All said and done, this is definitely a grey area for people who do this often - for example, who decides the number of aricles that you can write before the hobby turns into profession:D ?





    PALLO
    04-22 12:05 PM
    thanks again





    kiranvahaja
    07-17 02:46 PM
    hey guys

    my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.

    Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?

    Any advice is appreciated!!!

    Kiran



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