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  • radhagd
    03-09 04:21 PM
    Your EB3 application is still safe. You can use your current EAD.




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  • rheoretro
    09-25 05:20 PM
    This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
    As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.

    I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.

    And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!




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  • gc_check
    06-26 03:23 PM
    trying go get an answer if any one can give some insight?

    Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.

    Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.




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  • feedfront
    10-05 03:17 PM
    I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
    The web site clearly says that you should be a citizen or a green card to open an account

    Did anyone opened it recently.

    Drop by to local branch and you should not have any issue. Most of institutions have GC or citizens only for opening a/c ONLINE (even CitiBank NRI used to have issue, I'm not sure of it now). It works if you drop by to the local office. I'd also had issue w/ eTrade and Scottrade's online but it worked when I walked-in to local office.



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  • Hermione
    09-27 10:07 AM
    The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."

    I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.


    This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.




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  • santb1975
    02-17 01:02 PM
    We look forward to seeing everyone there



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  • sriramkalyan
    01-02 11:19 AM
    !!! Canada!!!




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  • Templarian
    11-30 12:42 AM
    why would flash people move on to flex ? That makes no sense at all.
    Because Flash is equivalent to hell from a development standpoint. :evil:

    Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:



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  • radhay
    05-15 11:57 AM
    Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.

    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?




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  • GC_2007
    12-22 12:09 PM
    http://www.immigration.com/newsletter1/h1bguidextn6yr.pdf



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  • jonty_11
    01-16 04:43 PM
    Yes , I am planning to take the test too......




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  • eastindia
    08-20 12:06 PM
    Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:

    * The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
    * The new tax only applies to companies that have:
    o 50 or more full and part time employees in the US; and
    o At least 50% of those employees hold H1B or L status.
    * If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
    * The new tax only applies to new H filings (including change of employer filings)
    * The new tax DOES NOT apply to extensions or amendments
    * The total new tax is $2,000, not the higher amount originally feared
    * The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
    * Both full and part time employees count toward the 50 employee threshold
    * Any L2 employees, working using an EAD, also count toward the total
    * The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
    * The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
    * DO NOT send checks to the CIS for the additional fee until you receive an RFE.
    * New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
    * Best practice, use a separate check for the new fee.



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  • GC_1000Watt
    12-03 02:43 AM
    Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.

    Many congratulations. I will appreciate if you can share your experience in detail.
    1)The documents you carried along with you.
    2)Hotel where you stayed
    3)Did you have the tourist visa for mexico?
    4)Did you get H1B for 3 years or less?
    5)Questions VO asked.

    Thanks.




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  • centaur
    02-09 11:09 AM
    Excellent idea.

    Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
    grounds for a law suit!!



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  • kevinkris
    07-21 06:11 PM
    Open this thread in case if you get it..


    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far




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  • dingudi
    06-08 11:16 PM
    Hi Dingudi,

    The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.

    The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.

    I understand your problem. All I was saying is to make sure any response you provide includes that your work during 1999-2000 was legal as per F1 on-campus regulations. And I hope the attorney you hire should be able to do that. If you do not have Tax returns , then you don't. Like someone said earlier , your W2 along with IRS letter that they do not keep records older than 7 years maybe enough but again your attorney should make this decision wisely.



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  • graylensman
    11-25 02:15 PM
    * Due to my mistake, graylensman's votes weren't counted in the final poll.

    For what it's worth, four of my five selections did indeed make it into the final balloting.




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  • Pagal
    03-18 07:40 AM
    Hello,

    My 2-cents:

    1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
    2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

    As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

    This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

    However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)




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  • wandmaker
    11-04 01:49 PM
    You will not be able to get a original document from lawyer/company. if you have maintained a good relationship with the lawyer/company, you can request a copy of it.

    Guru's
    My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?




    knnmbd
    07-14 01:48 PM
    EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.

    2 to 3 years is just wishful thinking. This is a permanent problem that we are faced with. Not to mention all the delays at the AOS stage including FBI checks and all that jazz. The only hope is the SKIL bill. WE NEED THIS MORE THAN ANY THING ELSE. I think we are at the cross-roads and this bill will well determine our future in this country




    Aah_GC
    07-16 04:01 PM
    I agree. These days I freak out when I go to Murthy's website. All that verbose is just a sneeze's worth of what you read in this site. I am almost allergic of murthy.com.

    You've got to hand it to these attorneys. They have a way of writing a lot without saying anything.

    Sheela Murthy excels in this art. In this situation, should we still file for 485 or not? She will write a whole page on this and finally say you have to make that decision yourself.

    Thank you, but I already know that one!



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