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  • perm2gc
    09-01 09:49 AM
    I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
    Please reply its kind of urgent for me.

    Thanks.
    It is always good to wait until you get the Receipt Notice..You never know what will happen..Dont take Chances with USCIS..





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  • chanduv23
    06-03 08:21 AM
    Usually we see IV members posting on this website if there is a pattern and trend. if there is one, some members take initiative and contact their law makers and talk to appropriate authorities.

    Is there such a pattern? Members may post their experiences and hardships on IV.

    DHS does takes measures to control fraud and abuse - but if it is affecting geniune people then genuine people can write about their issues here.





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  • gc_on_demand
    08-06 03:05 PM
    Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

    A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

    Housing assistance
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


    Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

    A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.

    Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.

    I just want to see if some has same or simillar situation..





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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


    _________________
    Not a legal advice



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  • dba9ioracle
    09-22 12:37 PM
    If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..





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  • Ann Ruben
    05-27 05:33 PM
    The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.



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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.





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  • EndlessWait
    04-12 07:12 PM
    Considering, if lobbying with $ is how things work here and it will help the govt. to fund the war, I've a great idea.

    Tell the lawmakers, we legal H1b highly skilled workers are willing to shell out $10K-$20K, if they can have a provision after I-140 to let us get I-485 Premium Processing. This fee, lets call it Premium processing GC fee, can help government in all the good ways.

    Paying this premium processing is giving government funds to support various things namely balance budget, fund the troops in war.

    IV should consider this seriously and debate.

    Say what???
    :-)



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  • ujjvalkoul
    01-30 06:04 PM
    in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....

    We are looking at a big mess folks...

    -----------------------------------------------------------------
    Comment: Commenters said that this provision would be unduly
    burdensome for many individuals who have lawful status for extended
    periods of time, such as F and J visa holders, and specifically
    expressed concern that the rule is eliminating a long-standing
    provision for J-1 participants, who, under State Department
    regulations, are entitled to a thirty-day grace period after completion
    of their programs to travel within the United States One of these
    commenters suggested that States be allowed to use the end dates listed
    on the certificates of eligibility for each of these visa types as the
    ``ending date'' of status for the purpose of obtaining a driver's
    license.
    Response: Again, the determination for lawful status in the United
    States will be made by the SAVE system, not particular documents. SAVE
    takes into account the grace periods to which those in certain F and J
    statuses are generally entitled. It should be noted, however, that
    since F and J non-immigrants are admitted for ``duration of status,''
    which is an indeterminate period, they would normally be issued
    licenses valid for one year.





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  • eastindia
    05-10 01:18 PM
    The delay in the bulletin is definitely a mystery. Some people I know have started thinking about July 2010 fiasco.



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  • gclabor07
    02-12 08:31 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.





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  • drirshad
    05-05 02:23 AM
    USCIS TEXAS SERVICE CENTER EMAIL PILOT INITIATIVE:
    EMPLOYMENT-BASED 1-485 SPECIAL NOTIFICATION PROTOCOL

    April 22, 2010

    PURPOSE: The purpose of the Texas Service Cemer (TSC) employment-based (EB) 1-485 Email Pilot Special Notification Initiative is to prOVide a mechanism by which applicants can facilitate TSC processes relating to speCific EB 1-485 application scenarios through an email address. The email address for this purpose is: EBUPDATE.Tsc@dhs.gov.
    Applicants will receive an automatic reply from TSC stating that the email was received. After submitting infonnation through this pilot email initiative, one follow-up inquiry may be sent if no communication has been received from TSC, such as a decision notice, a request for evidence, or other notice, within 90 days.
    The automatic email reply will proVide further information on how to submit the follow-up inquiry. This email account does not replace general inquiry processes that are in place for users; general inquiries
    received at this email account will not be addressed.

    EB 1-485 CASE IDENTIFICATION PROCEDURES
    1. What is the procedure to notify TSC when an applicant is eligible for porting under AC21?
    I. You should identify only one applicant in a single e-mail. E-mails must pertain to applicants whose 1-485s have been pending for 180 or more days and who are eligible for AC21 porting.
    2. You should send an email to: EBUPDATE.Tsc@dhs.gov
    3. On the subject line, you should write "EB 1-485/AC21." (Example: EB 1-485/AC21).
    4. In the text of the email, you should prOVide: A-number, old employer's name and new employer's name. You should attach a copy of the new employer's letter of employment. The letter must
    identify the follOWing information: the new employer, the letter's author and his/her job title, applicants new job title, start date of new employment, hours per week, salary, and specific description of the duties to be performed.
    5. If the applicant has more than one A-number, you should type them both on the same line separated by a "/". (Example: All 1222333 I A444555666). If there are multiple family members, you should type them all on the same line separated by commas. (Example: AIII222333, A222333444, A444555666). You should also indicate which of the A-numbers is that of the principal 1-485 applicam I 1-140 beneficiary.



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  • va_dude
    05-07 10:38 AM
    Dude... do some research on the forum on AC-21. There's tons of information.

    Anyway, no form to fill out. Whether or not to send info is your choice.

    Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.





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  • clockwork
    09-06 09:42 AM
    3. Internal memo in USCIS not made public about holding visas for EB3 India etc.

    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -



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  • keiryu
    09-25 05:14 PM
    What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.





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  • dtekkedil
    07-02 05:14 PM
    Hello Folks,

    We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!

    I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!

    This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

    So, if people are interested... let us start a send a flower a day campaign!

    Dilip



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  • nvodela
    09-29 02:31 AM
    Check your private message





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  • sbmallik
    04-03 03:35 PM
    No problem, you can apply for Canadian visitor visa: do reveal your current status (AOS) - Canadian immigration will see your ties to the US and they will issue the visa (as per your situation, you are less likely to overstay the visitor visa).





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  • malibuguy007
    10-01 06:33 PM
    1) Check
    The address to mail the checks to is:

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    2) Online Payment through your bank

    Login to your bank account (This is for BoA)
    Go to Bill Pay>>Payees>>Add a Payee

    You will see two options
    1)Pay a company
    2) Pay an Individual

    Click the GO button next to Pay an Individual (without entering any information)

    In the next page

    You will see a small form
    Payee- is the name- in whose favor the check will be made
    Nickname is for your reference
    In Identifying information- you can put your handle
    Rest is obvious

    Payee creation is one time setup

    Once you have created a payee
    Go to Bill Pay>>Overview
    and here you will see an option to make a payment

    3) PayPal

    4) Google Checkout





    samswas
    06-22 12:55 PM
    My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
    My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.

    My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
    Because its start date is 09/24 so do I need to wait till that date before re-entering.

    What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.

    If I'm in your situation, I would do this ----------

    Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.





    sam_hoosier
    11-27 01:34 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!

    EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.



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