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  • renupond
    10-04 05:02 PM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)





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  • sandy_anand
    01-24 09:38 AM
    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.





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  • get2shailesh
    04-05 03:51 PM
    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

    Thanks!!





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  • newbie2020
    03-21 06:07 AM
    When we had our baby, There was lot of insistence from parents to have the baby born in India. Me and my wife had a discussion and we decided it is best interest of the baby to be born in US. We didn't want him to go through the same pain of H1,H4, EAD, GC etc and opted to have him born in US. Yes i know it is little tough since you need your parents to come and stay for few months once baby is born But i would advise go for having your baby born in US than in India. We always thought this was one of best gifts we were giving to our baby when he was born.

    As far as your case is concerned being on EAD will not help if baby is born in India. You will either need to change your status to H1 and get baby on H4 and subsequently EAD or be prepared to have the baby grow in India until your priority dates become current. So choice is yours.



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  • alkg
    10-18 06:08 PM
    I am in the same boat:::::::::

    July 2nd Filer.
    Reciept notice received on October 11th on Phone.
    Waiting for EAD,AP.
    FP Not Done





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  • loudobbs
    10-09 05:49 PM
    That's my question too...
    :):):):)

    Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.

    http://www.onetcodeconnector.org/ccreport/15-1051.00

    I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.

    Any thougts?



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  • nixstor
    12-07 10:18 AM
    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.

    May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.





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  • nozerd
    02-23 01:24 PM
    Only problem with H4 is they cnt get OPT after finishing the degree. Also they cant get any job on campus like F1's can.



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  • gc_lover
    06-20 12:24 PM
    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.


    Hello,

    I got this from immigration-law.com website

    =======================================


    06/05/2007: I-140 Petitions Ineligible for Premium Processing

    Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
    1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
    2. Labor Certification substitution requests; and
    3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
    It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.


    ===============================================

    You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.

    Yes, you can file without actual LC papers, so don't wait!





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  • kaisersose
    12-07 12:19 PM
    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question

    I have my EAD for a rainy day.

    In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

    The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

    Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.



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  • go_guy123
    09-25 10:53 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Hmmm....more money for USCIS, 2 times filing and double fees.





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  • gcformeornot
    08-16 02:35 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    Most of the companies have clear cut HR policy on who is covered who is not.
    No matter what HR member said they will follow HR policy.



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  • grupak
    08-15 02:08 PM
    Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same

    Thanks. I need to figure out how to start a google group first I guess :)

    IV members from Jackson MS, we need you since you are in the state Capitol.





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  • akhilmahajan
    04-17 12:09 PM
    This topic has been discussed in detail in the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=21556

    You can also find the list of documents you need to renew your passport. Please let me know if you have any questions or post on that thread to get feedback from folks who recently got their passport renewed.



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  • GCard_Dream
    07-09 02:07 AM
    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?





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  • eyeopeners05@yahoo.com
    03-13 10:47 AM
    I have a question.
    How do I contact my senator ?

    I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.


    eyeopeners



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  • rayen
    05-19 12:36 PM
    You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.

    Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
    1. Q 14 - Manner of Last Entry into the U.S.:
    (Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.

    2. What do I mention for this : For (c)(9) eligibility status only
    Please select the location where your
    I-485 is pending:

    Please provide information concerning your eligibility status:

    Thanks,





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  • cram
    08-23 08:34 PM
    On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?





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  • p.guptapost
    06-04 10:20 AM
    Can we get the status of EAD application without receipt numbers?

    pl. let me know. Thanks.





    frostrated
    09-09 04:03 PM
    but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.

    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.





    smidreb
    07-30 01:13 PM
    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution



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