Friday, June 17, 2011

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  • whatamidoinghere
    03-26 10:04 PM
    Hi,

    Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?

    Thanks,
    Andy

    H4 can do volunteer work for non-profit organizations only.




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  • ArunAntonio
    11-22 11:59 AM
    I have just emailed CBS and highlighted the plight of the likes of us. I also made it a point to differnetiate the H1b issue and our issue.

    On another note I wanted to mention that .. We have to take active part in this struggle .. it is out struggle and we need to be at the fore front.... all we are asking for is ..........*FREEDOM*




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  • arihant
    02-14 02:26 PM
    Hi iptel,

    Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.

    http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf

    Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.

    Folks preparing material to present may find some useful statistics here.




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  • kminkeller
    03-09 01:00 PM
    Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.

    I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.

    Now I need to know what are the things that I can do.
    1. Do I need to file PERM, I140 again on EB2?
    2. Do I need to file for H1 again and complete the entire process?
    3. What is and how to do EB3 to EB2 porting? is that all I need to do?

    Please give me some advice. Thanks in advance.

    KM



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  • 123456mg
    07-20 02:59 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.




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  • vishwak
    02-01 01:40 PM
    Congrats....Enjoy.



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  • sunny1000
    06-11 05:35 PM
    Is there reason you say that I cannot port the PD ...? Please explain.

    Arun

    I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.




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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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  • mmrao2007
    07-30 03:14 PM
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
    With the way things are going we never know :)




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  • hebbar77
    03-15 02:14 PM
    First thing is when u have higher salary , u got nothing to worry.
    Next job tittle/description have to be similar in words not only in nature(becos USCIS officers are not tichnical folks, they just match words). Also it has to be in similar job code. This code is in the ETA* form filed during the labor phase by ur current employer.

    But you can do AC21 with EAD or H1. H1 is safer than EAD.



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  • kaarmaa
    01-19 12:43 PM
    Oh God!!

    How can we stop these EB2I - EB3I fights?

    What unites us? Only in our fights for superiority?




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  • sledge_hammer
    04-22 08:41 PM
    You will get zero supportes for your anti-immigration comments on this forum!

    Go back to your own forum to preach hatred!

    So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.



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  • justice4all
    02-25 05:01 PM
    My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.

    Good Luck..

    RV

    Hi rameshvaid,
    Are you sure, H4 qualifies for FAFSA. My wife is on H4 and she doesnt have SSN. I think if one has SSN, it doesnt matter whether they are in H1, H4, F1, EAD .. they can apply for FAFSA. Am I right?

    thanks




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  • perm2gc
    02-09 11:40 AM
    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.



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  • CADude
    11-20 11:53 PM
    I sent too..

    message sent to CBS60 minutes...




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  • WillIBLucky
    12-22 01:18 PM
    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



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  • cox
    October 22nd, 2005, 05:24 PM
    Not my usual thing, this is a first attempt at studio shooting. A friend is starting a preseved flower business and needs some photos to get started. My backdrops consisted of some fabric purchased at the local store, my dining table, and a PVC frame and welding clips to hold them up. :) Any comments/critique welcome.


    http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
    http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)

    http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)




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  • Marphad
    12-03 04:30 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!

    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.




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  • letstalklc
    10-02 01:10 PM
    I could see couple of July PD audited cases has been approved...hopefully you might get some result.

    By the way did your case has been filed by Fragomen Law Firm?




    whoever
    02-07 01:12 PM
    hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671




    gcadream
    02-24 02:52 PM
    Hi myeb2gc ,

    You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?



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