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  • saraiks
    10-31 03:41 PM
    Can Some one on EAD claim Earned Income credit?

    Yes, you can.. at least in CA we had no problem receiving it after my wife got laid off.





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  • WeShallOvercome
    07-26 02:58 PM
    Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.


    Same thing here. Even the notice will go to the lawyer's office and they won't bother telling me unless asked a few times.

    Other than the physical notice, I guess we can get the receipt numbers by calling them once we see a substantial number of members getting the numbers/notices.





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  • Bezzer
    09-07 08:38 AM
    yeah i thought the older one was better... but hey do what u want...
    :)





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  • bluekayal
    11-01 05:35 PM
    I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!



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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.





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  • 485Mbe4001
    11-18 07:28 PM
    I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.

    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?

    2. How long does it take if to process it using EB2? I am from Russia.

    3. Is it possible to switch to EB2 somehow?

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    5. At what step of GC processing can I change a compamy that I work for?

    Thank you
    Michael



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  • veerkar
    10-02 01:37 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.





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  • insbaby
    11-12 07:56 PM
    The site appears to be latest. And here is the content

    ------------------------------------------------------
    Who Can Apply in Mexico

    * Applicants seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if the initial visa was issued in the applicant's home country or at one of the border posts in the past few years.

    I guess, if your first visa was issued in the home country, you should be ok to renew before it expires

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States. Every effort will be made to expedite these procedures; however, it is not possible to guarantee completion of this process by a particular date.

    PIMS !!!

    ------------------------------------------------------

    Who Cannot Apply in Mexico:

    * Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
    * Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category

    I guess, this may be the visas expired, continuing on valid I-797 and trying to get new visa on the same category, I am not sure, difficult to interpret

    * Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.

    I guess, if you change from F to H, you may be in this category, I am not sure, difficult to interpret

    * Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
    * Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
    * Applicants who obtained their current visa in a country other than that of their legal residence.
    * PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.

    *TCN Visa Renewals– Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days in Mexico while their visa is being processed.
    ------------------------------------------------------



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  • eb2dec2005
    02-23 10:59 PM
    Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

    Please share your views.





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  • payal_nag
    10-25 02:57 PM
    my husband's I-140 just got approved in a week's time. We were still waiting for the receipt number, instead the lawyer said she had received the approval paperwork!



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  • rajivkumarverma
    10-16 07:16 PM
    Whats the reason for the denial ?

    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates





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  • ryan
    05-28 05:21 PM
    Hi,

    I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?

    I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.

    Thanks,
    Akshay

    The fact you work for a Canadian firm and you're a Canadian resident holder (or a Citizen) is irrelevant. As a full time employee in the United States, you require a work visa - and shall be subject to H1 or other work visa codes. I'm Canadian, and work for a Canadian firm's operations in the US. I require a TN or H1 work visa to work in the US. Hope that clarifies.



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  • mrsahaayam
    09-02 01:10 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you





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  • Tantra
    07-13 09:26 AM
    Or yesterday... we really want to make it a voice of 50k members (to start with!).



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  • WillIWin?
    04-07 10:01 AM
    There is no need for you to have an actual copy of the I-140. I am assuming that you want to have the documents to prevent the current employer doing any 'harm' - intentional or otherwise to your case.
    AC21 states that as long as the 140 has been certified, the current employer cannot do any thing if the employee leaves.
    I am NOT sure about this next point, but even if the 140 is revoked by the employer the LC and PD stay valid.
    Make sure you have the receipt #s, and check the status on the USCIS website. Once 140 is certified, you are golden.
    Hope this helps.





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  • waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • jthomas
    03-16 06:49 PM
    I have a h1B and a EAD. I was laid off one week back. Will there will be a problem if i take 6 months vacation, get a master degree, Try doing a business. Do i need to immediately find a job. I will be getting unemployment benifits and i think my H1B won't be valid since i lost my job and my next job would be on EAD.

    Any suggestions, I am waiting for an answer from my attorney too.


    Thanks Fittan. I am waiting for an answer from my attorney.





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  • nirenjoshi
    05-25 09:51 AM
    Several things to consider before making any decisions.
    1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into.
    2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt.
    3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc.
    4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion.
    5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts.
    6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies.
    7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you.
    All the Best!





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  • hpandey
    07-29 08:31 AM
    Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
    Just want to confirm that.

    We got a 2 year EAD for me and my wife and our I-140 is still pending .





    chintals
    10-23 03:58 PM
    Just got email from USCIS saying EAD cards were ordered.

    Please see details in my signature.





    jsb
    08-13 09:26 PM
    EB2 India
    PD 5/2004
    I-140 approved 6/2006 TSC
    I-485 delivered Jul 2, NSC
    LUD on I-140 7/28/2007
    No receipts or check cashing yet



    Hi,

    My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????

    So I guess the LUD change is nothing relevant to I-485 filing.

    Thanks & Regds
    MV



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