Tuesday, June 14, 2011

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  • gc_check
    07-21 07:27 AM
    Thanks all for the updates. Also the loan agent I am working seems to understand, the underwriter is the one causing issue. I-140 approval has already been submitted along with EAD copy and I-485 receipt, Still they need the visa copy, which is expired in my case.
    Will try talking to them again. I have sent an email to Bank of America customer service wiith details and hope fully they respond back.




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  • chanduv23
    11-20 08:54 PM
    I can understand attorney's thinking: H1B is good to have. If there is no reason for its revocation (i.e applicant is still working for H1 sponsor), then there is some level of protection for you. Another aspect is a legal status. While EAD gives you an opportunity to continue work legally if I-485 is denied, it does not protect your legal status (accumulate more than 180 days of unlawful presence and you lose eligibility to adjust status and are a subject to re-entry ban). Having H1B gives you a protection in this case. But if H1B is revoked, I-485 is denied and a person does not have EAD, then there is no escape. It's nice to have both, but maintaining EAD should be the priority.

    Typically, if someone is doing a AC21 jump + H1b transfer, it means that the h1b gets transferred to the new employer and the new employer is the h1b petitioner. If the h1b is based on an approved 140 - the beneficiary gets it for 3 years and unless the person is completing his 3 years with the new employer when the 140 revoke happens, the h1b is still valid unless the new employer decides he will cancel it or the person is layed off and thats when the person is in deep trouble because he/she does not have EAD. Correct me if I am wrong. H1b revocation by ex employer may not affect the candidate because candidate already did a transfer




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  • HawaldarNaik
    03-04 03:45 PM
    for all ya mumbai brothers out there:

    "ron gotcha-rkar" ka kya hai .. uppar wala mu diya ... to bolegayich. uske to naam me bhi gotcha .. aur kaamme bhi gotcha

    one more..

    Kya hawaldar saab .. toom bhi wo khajoor gotcharkar ke baaton me aa gaye .... chalo mil ke usko kopche me in leke kharcha pani dete hai.

    [translation: native mumbai rambling about how ron gotcher has no data to back it up and should be censured for his quotes without source]

    Arre Bhai....2 good...bole to...ekdum JHAKAAAS dialogues mara....lekin kya karega....Asha is hope.....abhe bole to market ekdum tight...kharcha paneee kaisa dega...? but 2 good sahebji...




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  • indio0617
    03-09 09:52 AM
    Here is the link to the full markup. SJC is going in the order of the titles. Our sections are predominantly from Title 5 but some are in 4 too.

    http://immigrationvoice.org/forum/attachment.php?attachmentid=23&d=1140888843


    Still talk about illegal aliens... Hope we (legal) dont get drowned amid these arguments



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  • pd_recapturing
    11-24 05:21 PM
    I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
    One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??




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  • polapragada
    09-14 12:14 PM
    On you are so wrong. PD porting is legal, and there is nothing unethical about it. The only thing we need to put a cork on is to your brain, which, along with the surrounding matter, currently is in the part which expels bodily waste.

    If Substution labor was ethical, PD porting from EB3 to EB2 is ethical.
    Ithink PD Porting might be legal at this time but not ETHICAL.



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  • avis
    01-05 11:46 AM
    My PD is Dec 2002. Still waiting for the 45 day letter.
    Dallas Backlog Center




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  • gcisadawg
    02-09 12:47 AM
    Did I even say this? What are you saying? Go see a shrink :D

    Read first what I said.

    OOPS! mea culpa! It is a case of bad negation! It should have read as "How come it is not 'stupid' when a girl spends husband's money to support her parents?"



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  • addsf345
    11-10 02:27 PM
    Chandu,

    Thank you for taking time writing the blog. People like you make this website so much helpful and valuable.

    I found one very detailed thread on Ron Gotcher's website. He mentioned that cancellation or revocation of I-140 doesn't automatically revokes EAD.

    this is quite interesting and a big relief if true.

    Click to read yourself (http://immigration-information.com/forums/showpost.php?p=18946&postcount=28)

    I would suggest to read this thread completely to anyone who is AOS candidate. Even if you are not thinking of changing your job, during current economy, anyone should be prepared to use AC21 if needed.

    "An EAD remains valid until it expires or is explicitly revoked. Since most AOS denials flow from I-140 problems, an EAD card is not going to get revoked immediately. If nothing else, they have to wait until the interval for an I-140 appeal has lapsed - even if you don't appeal."

    Good find desi485, gave you green!

    Can any one else confirm this? Is there anyone who have discussed this with their own attorneys? or have first hand experience? Please share with rest of the IV community. I am specifically worried over if I will be able to continue working for new employer on EAD in above unfortunate scenario????

    I am planning to join govt agency which is not ready to file for H1B, and also going on unpaid leaves may not be an option as well. Should I take this risk?




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  • knnmbd
    04-26 12:39 PM
    Guys ,

    We have to stick to immigration reform..
    Let's not get into the medicare/social security/income tax issues.
    That would open a complete new front on which the immigration refrom opponents can attack you...

    Our organization has to steer clear of the landmine issues like Medicare, Social Security reform. Those issues have sank many political careers in washington...These issues are tar pits..swamps...

    We are threading a needle here...the thicker your thread gets..the less likely it would get through the needle hole..
    We have to maintain focus and not get carried away.

    Guys,
    I agree with msp1976 on this. We need to focus on only the retrogression issue; everything else is great for time pass till the 27th when the SJC reconvenes.



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  • americandesi
    06-25 05:35 PM
    I agree with mpadapa,albertpinto and other folks.

    US is going to gain something.

    - We are staying in the apartment more than 8-9 years, we want to live in the own house but we cannot buy a house.

    - We have some idea and we want to implement it but we cannot do it.

    - We want to send our kids in the private school but we are sending in the public school and charted school.

    - We want to go for MBA/Higher education on own expense but we cannot do it.

    - We want to buy 57-60 inch LCD TV and other luxorious items but We cannot buy it.

    - We want to go on the Vacation/Home country but we cannot go.(Visa restriction for people whose H1 is expired or working on the EAD)


    Money is required for all above items. Each item will give at least micro level boost up to the US economy. But without GC we cannot spend/invest our hard earned money. Because we don't know what is going to happen of our status tomorrow.

    Another most important things, when we came to this country most of us were mid twenties and now most of us are mid thirties. We earned money but we gave best of time of our life to this country.

    I would like to share some real life experiences from my friends so that we can debate the questionable topic of what America is losing by prolonging immigration benefits.

    1) Friend A – (Current status - H1B) Came to US in 1999 for his higher education and later joined a Fortune 500 company on H1b. In early 2006, he quit and started a consulting company with his GC friend and transferred his H1 to the same company. He applied for his I-140+I-485 during the July fiasco and got his I-140 approved in May 2008. Currently there are 15 employees working for his company and the annual revenues stand at around $1 million. He is also planning to start offshore operations in the near future.

    2) Friend B – (Currently in India) – Came to US during the Y2K era and later joined a Fortune 500 company as a consultant on H1B and immediately purchased a 3 bedroom home. He stayed in one of the rooms and leased the other 2 rooms to his friends and used the rental income towards mortgage payment. Four years later he sold his home for a hefty profit, left for India and started an offshore consulting company.

    3) Friend C – (Current Status - TN) – Came to US during the Y2K era on L1 through a top MNC from India. Since his employer wasn’t sponsoring his GC, he applied for Canadian PR and got the same by 2003. He relocated to Canada, got his citizenship and joined a Fortune 500 company in US on TN visa. He’s not bothered about US GC at all as his Canadian passport provides unrestricted visa free access to 125 countries around the world.

    4) Friend D – (Current Status – H1B) – Currently works for a Fortune 500 company as a consultant on H1B. He lives in a posh apartment and drives a Mercedes C class sport sedan though his GC process is not even initiated.

    5) Friend E - (Current Status - US GC holder) - Came to US during the Y2K era and got his GC in 2003. Currently lives in a single bedroom apartment with his wife/kids and is known for frugal life style in spite of living in US for almost 10 years. So much is his frugality that he postponed purchasing a $500 worth laptop for many months so that he could save money towards his India trip. He still drives a late 90’s run down Honda Civic.

    6) Friend F - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. Currently earns close to $100K, but still lives in a single bedroom apartment with a frugal life style. As far as I know he had never washed his car (late 90’s Honda) and avoids eating out.

    7) Friend G - (Current Status - US Citizen) - Came to US during the Y2K era and got his GC in 2002 and US citizenship in 2007. He purchased a 3 bedroom home even when his I-485 was pending and currently lives a normal life style just like many of us and plans to retire in India.

    Hence the underlying fact is that, there’s no relationship between a person’s immigration status and his/her contribution to America and it’s crazy to believe that people will go on a spending spree or start companies as soon as they receive GC’s.

    BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)




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  • priti8888
    07-23 06:34 PM
    I think you are unnecessarily suspecting her posting. Retrogression kicked in Oct 2005 bulletin. So it is possible for her to apply in Feb 2005. I know for sure some people got their GC with similar priority dates. I think this whole immigration crap is turning everyone into cynical.

    Thx!

    Correction:-
    My RD IS DEC 04 and I got Ead in feb 05...Mixed up the dates-Sorry!



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  • srikondoji
    08-13 04:02 PM
    congrats.
    This is the first receipt i am noticing for an application received on July 2nd at 7:55AM and signed by R. Williams.
    All other recipts so far were either received at 9 AM or 10:25 Am or so (july 2nd, 3rd, 5th etc) but none of them were at 7:55 AM.

    Signature has all relevant information.




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  • eb3_2004
    03-11 10:07 AM
    Hi Channj,
    I am facing issues with re-financing with EAD thru Suntrust...Is there a way I can quote u to make the underwriter understand my EAD status....



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  • gova123
    08-02 05:33 PM
    Bumping ^^^^^^^^^^




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  • Jimi_Hendrix
    12-12 07:13 PM
    We are in successful talk with an Associated Press reporter who is interested in writing about our problems. I am planning to schedule a meeting with this reporter in firsts week of January based on her availability.

    It is a small win.



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  • priderock
    06-01 03:31 PM
    I may be wrong but this is just an omission in the language of the bill. The effective date was stated as the date the bill is introduced, I guess it will change to some thin like when it is signed in to law or sixty days or 180 days from that date. As I said I could be wrong, but it seemed unfair and not right to make it effective retroactively.

    Note : this is for 140s only and not for AOS.




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  • amits
    07-23 11:37 PM
    Superb! I am going to try this in my company...




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  • glus
    07-06 01:09 PM
    chertoff will be the one who will be questioning/grilling/waterboarding USCIS....not resigning....

    OK, so , let his loose some nerves like we did. Let him have a few weeks of sleepless nights and then he will understand.....:mad:




    sparklinks
    07-14 01:18 PM
    Done




    miracles
    08-09 12:09 AM
    any updates on the bridge bill for schedule A Nurses.

    The congress are on break for 4weeks this August, so expect none will happen till September.:cool:



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