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  • gc_chahiye
    09-17 02:35 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25

    you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).

    In the meantime you can do whatever you want at company B, either on H1 or on EAD.





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  • wam4wam
    03-06 12:38 PM
    i contacted Senator dewine, urging him to back the PACE act
    here is the reply i got

    keep ur fingers crossed:)


    Dear xxxxxx

    Thank you for contacting me regarding illegal immigration. I agree
    that
    illegal immigration is a very serious problem and appreciate knowing
    your
    views.

    Currently, there are approximately 11 million undocumented immigrants
    in
    the United States, with close to 1 million more arriving every year.
    Yet,
    our current immigration system is broken. It is a system that is not
    good
    for American security, particularly during our fight to combat
    international terrorism. It is not good for American workers and
    businesses. And, it is not good for the immigrants, themselves.

    To tackle this problem, we must have a comprehensive immigration plan
    that
    toughens our borders, documents illegal immigrants, and provides for
    American labor needs. The Senate Judiciary Committee, of which I am a
    member, is set to take up immigration reform soon. In fact, several
    immigration bills are currently pending before the Committee, including
    a
    border protection bill passed by the House of Representatives in
    December
    2005. As the Judiciary and the full Senate debate immigration reform,
    I
    will be certain to keep your views in mind.

    Again, thank you for contacting me. If you have any additional
    concerns,
    please feel free to contact me anytime.

    Very respectfully yours,
    MIKE DeWINE
    United States Senator

    RMD/bf

    Disclaimer: The email account that this message originated from does
    not
    accept inbound messages, therefore please send all electronic
    correspondence through our webform located at:
    http://dewine.senate.gov.





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  • sweet_jungle
    10-21 01:12 PM
    Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email

    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.





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  • nixstor
    02-13 10:58 AM
    i spent around 3000$ for studies, could get only 2000$ under lifetime...

    is there anyway i can claim the entire 3000?

    Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help

    http://www.irs.gov/publications/p970/ch06.html#d0e5975



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  • gc_bulgaria
    02-12 08:50 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.

    We have used it. I don't see any negative effects to green card. You are resident for tax purposes.





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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.



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  • GCnew
    06-13 03:30 PM
    I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).

    My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.

    Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)

    Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.





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  • FrankZulu
    08-15 05:01 AM
    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
    Thanks.

    You have to enter US once at least in 6 months & not 1 year.



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  • jsb
    11-14 11:51 AM
    EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.





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  • chanduv23
    09-03 10:13 PM
    My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend

    Let me know


    Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it



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  • dan19
    08-28 03:16 PM
    My lawyer is arguing that a MS degree in CS would be sufficient evenif I don't have a BS CS degree.

    I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.


    Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.





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  • chandupatla
    02-25 10:35 AM
    Is it required SSN... I am on H4..I don't having the SSN... I search the MVA site but they asking SSN..Is it necessary?



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  • wandmaker
    04-02 01:03 AM
    If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.

    The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.





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  • lelica32
    08-06 06:15 PM
    140 LUD on 7/27/2008 Sunday



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  • GCAmigo
    12-21 12:36 PM
    >>>How about setting up your own consulting company?

    Nothing prevents you from doing it while on H1!





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  • gcdesirer
    02-04 02:30 PM
    I have a close friend who has floated a company to pursue an entrepreneurial dream.
    My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.

    My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..

    Appreciate your help in advance.



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  • eb3_nepa
    02-24 04:41 PM
    Everyone, any idea where Sunil Joshi is these days? Havent seen a post from him in a while. Is his handle different?





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  • ysramu
    03-27 10:21 PM
    You apply for H1 transfer before you join new company. Once u get the H1 receipt (2 weeks) then u can be in their payroll. Then file for AC21. If all goes well this is my plan in June 08.

    My question is my wife has her EAD expiring 10/10/2008, AP on 11/19/08. She wants to travel to india in May and return in november. is it ok if I change employer while she is in india, my concern is when she comes back in november her EAD is expired, will it affect our 485 status?





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  • mrajatish
    01-22 10:36 PM
    Definitely there is a plan. Let me put it this way -
    1. There is a lot of work to create a non-profit org. and the initial founders of this org. has achieved that.
    2. Once you set up a non-profit org., you are audited by IRS to make sure that none of the funds are used for personal expenses. So, there will be no misappropriation of funds.
    3. I think it is pretty clear that a large part of the money will go towards lobbying.
    4. People are spending money to go to Washington DC from all across US - that is where they are making the plan.
    5. Please call the number on the website for a couple of minutes to find more details.

    Remember this organization can be a huge factor in deciding how long you will have to wait for your GC.
    Thanks,
    Raj





    zico123
    06-16 09:28 PM
    I have my I-20 from University X, but I don't have the I-20 form from University Y.
    Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.

    Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.





    sanju
    03-02 11:32 AM
    This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.

    I suggest you delete this thread as no wants to look at this.


    .