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  • leo_loco
    10-14 11:24 AM
    All:

    My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.




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  • a_yaja
    10-05 07:14 PM
    Hi
    Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
    I'm looking for the official page that has some detail on this.

    Looked online did not find anything. A little surprised.
    Let me know if any of you have any relevant links to this info.
    Not looking for hearsay ... something official.
    Thanks
    V

    EAD = Employment Authorization Document. The only restriction it has (for I-485 applicants atleast) is that you I-485 is still pending. If your I-485 is denied/ approved then EAD is no longer valid.

    There is no restriction for what the EAD can be used for as long as it is legal work. Not sure why you think there is a restriction on the kind of work you can do with an EAD.




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  • kanshul
    02-24 08:30 AM
    As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.

    You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.

    If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.




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  • saurav_4096
    06-16 10:00 PM
    How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.


    Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.



    Gurus, if someone knows such please reply.

    Thanks
    Saurav



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  • JK747
    07-16 09:25 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.




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  • san3297
    06-29 03:36 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.



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  • jnraajan
    03-20 10:04 AM
    Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

    So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

    Why we are expecting that something next year? One Word. Politics. The current congress will not do anything now, because, they dont want to alienate 1 particular group during an election year. Now, I am not saying that they will do anything in '09. But, with more lobbying, we might see some success.




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  • sixburgh
    08-13 06:05 PM
    I saw some information somewhere, but don't have the link right away to post here.
    But here is the crux of it.

    Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.

    Now should she force the company to update the I-9 on that date, is the question.

    The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.

    Does anyone think that I am wrong?



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  • shana04
    08-03 11:42 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

    I can understand your frustration, but not abuse language please. We all are going through the same trauma.

    Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.

    We should stand united and not fight among our selves.

    God bless you and your family and I would pray God that you get your checks cashed atleast before me.

    Keep faith in God my dear friend, one day we all would be set free.

    Good luck to you and Libra and all other friends here in IV.




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  • dvb
    07-28 02:16 PM
    Does anyone know how you can claim social security when you are in India and not a permanent resident or citizen of the US ???



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  • pappu
    01-02 08:34 PM
    Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member


    thanks
    IV is working on this and we shall be making this live shortly.




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  • Blog Feeds
    08-20 02:40 PM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
    Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

    Answer #1
    Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


    Question #2 � Employment Based Immigration � Green Card
    We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

    Answer #2
    If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.


    Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa
    What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

    Answer #3
    The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.


    Question #4 � Employment Based Immigration � Green Card
    I just received my Green Card, what do I do now?

    Answer #4
    USCIS maintains a useful web page on the topic �Now That You Are A Permanent Resident.� It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.


    Question #5 � General � Social Security Card
    How and when can I get a Social Security Card?

    Answer #5
    Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.


    Question #6 � Employment Based Immigration - Green Card
    My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do�

    Answer #6
    If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.


    Question #7 � Employment Based Immigration � Labor Certification
    What is the difference between the old process for obtaining labor certification and the new PERM process?

    Answer #7
    In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as �PERM�) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as �fast-track,� since these types of cases were given priority handling), and traditional or non�Reduction in Recruitment (non�RIR) cases. These two classifications have been done away with. However, occupations are now classified as �professional� or �nonprofessional� and each classification has different recruitment requirements.


    Question #8 � Employment Based Immigration - Green Card
    The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail�can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

    Answer #8
    If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.


    Question #9 � Employment Based Immigration � Green Card
    My priority date is current. How long do I have to wait, we�ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

    Answer #9
    Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.


    Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
    How many H1 nonimmigrant visas are left?

    Answer #10
    As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.


    MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

    Our next �Immigration Q & A Forum� is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

    MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





    More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_2.html)



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  • ngopalak
    07-05 12:59 PM
    i think you are right. 100 M is a LOT of money to forsake for an agency like USCIS.

    That I think is the reason they had to stop people from applyng before Julyy27th


    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000




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  • pappu
    01-20 06:09 PM
    Thanks everyone who showed up. We actually did better than we had expected.

    A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.

    Go NORCAL, go IV!

    Wonderful. Thanks CA chapter.
    All state chapters must do the same so that we can get maximum possible letters.



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  • sammyb
    11-15 09:55 AM
    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks

    http://immigrationvoice.org/forum/forumdisplay.php?f=17

    check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...




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  • Milind123
    08-16 06:05 AM
    I would like to share my experience with the immigration officer in India.
    Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".

    to be continued.....



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  • Bytes4Lunch
    03-07 10:12 AM
    "dingudi" , Throughout every immigration forums, everyone mentions the use of AP in such cases.
    I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
    If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.




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  • ksrk
    09-15 03:51 PM
    CIR does not help LEGALS .. its for people who broke US LAWs

    We do not need CIR ..

    It doesn't have to be. We should make it ours too!




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  • ski_dude12
    12-22 12:29 PM
    Please contribute to IV.

    Thanks for the info, i too got my recpt# by calling...




    raysaikat
    05-25 01:50 PM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?

    Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?

    Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.




    rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj



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