субота, 11. јун 2011.

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  • sam_hoosier
    04-05 12:24 PM
    Has anyone on a EAD or H1 taken a FHA house loan?
    FHA Loan Refinance and FHA Home Loans | Mortgages (http://www.fha.com/)
    Let FHA Loans Help You - HUD (http://www.hud.gov/buying/loans.cfm)

    Would be interested in hearing your experiences.

    - JK

    I am on EAD and will be closing my loan (refinance) this week. I had explained my immigration status to the broker upfront, and they had no objection to moving with the loan. My lender is US Bank.

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  • krustycat
    10-24 08:39 PM

    Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
    Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.

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  • a_yaja
    12-29 11:49 AM
    so you can setup your own LLC. start hiring people?
    You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
    1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
    2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage

    If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.

    I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.

    Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(

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  • reddymjm
    02-05 09:04 PM
    You are talking about second FP on 485 right. I did not get it. My wife got it. Other thing I noticed is even after she gave her FP no LUD on her 485. I opened SR @ NSC for my FP notice.


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  • Happyday
    06-29 09:48 AM
    Reminder: Those living in highrise apartments or large apartment complex should put up the names of their family members on the mail box such that the green card mails are not returned to the USCIS. Under the current USCIS policy, the U.S. Postal Services are not permitted to deliver the USCIS enevelope with "Return Requested" red stamp other than the specific individual named on the envelope. This is particularly true with the green card delivery.

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  • foobar2001
    11-14 02:17 PM
    i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
    Can anyone confirm this?



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  • sgupta33
    08-29 11:54 AM
    Thank you to everyone who responded to my questions. Very helpful!

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  • kaisersose
    05-29 11:57 AM
    Thanks for your response kaisersose.
    I understand I can switch jobs with my EAD.

    I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

    KC INdian

    Three steps,

    1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.

    2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.

    3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.

    Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.


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  • indyanguy
    11-27 07:08 PM
    From what I can infer from the replies so far:

    1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible

    2. For contract positions, eliminating the desi layer in between might help increase the rate.

    In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?

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  • bheemi
    07-05 03:30 PM
    dont worry about it all.Because i did same thing exactly like you..And i got h1b ext twice after that and got h1b stamped twice and travelled out of the country 3 times after that..nobody questions about it all..

    They only see whether you are out of status more than 180 days..it is legal also to work for 2 employers with 2 petetions..so dont worry about it at all...


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  • theshiningsun
    09-28 11:19 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.

    it did not work for me.

    i filed an foia request and got I-140 petition with approval on it but not approval notice. so i filed 2nd foia request asking specifically for I-797 of I-140. but i got a letter saying that the file does not hv an approval notice, so they sent me the I-140 petition once again.

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  • loveNpeace
    07-31 08:51 PM
    Hello All,
    I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
    Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?

    please advsie..
    thank you


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  • desitechie
    01-11 02:11 PM

    Thanks for this service.
    I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.

    Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.

    Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
    Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.

    If i use EAD and if my I-485 has any issues, what will be my status?

    Thanks for your help.

    If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.

    AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.

    I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.

    I personally used H1 transfer and AC21.

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  • EndlessWait
    06-29 10:53 AM
    Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?

    YES ITS MANDATORY...now go jump off from whatever table ur sitting on.


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  • thomachan72
    11-05 07:26 AM
    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.

    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.

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  • fatjoe
    10-23 08:38 AM
    I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
    I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.


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  • theMan
    02-25 05:47 PM
    ssd213 has pointed you in the right direction. However this is not so simple as taxes depend on a host of other factors that have not been mentioned.
    To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.

    Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.

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  • gcdreamer05
    08-27 01:58 PM
    As mentioned in your other post. This should have no bearing on your status.

    Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?

    Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.

    I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???

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  • sanjeev_2004
    05-26 03:21 PM
    Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.

    It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
    If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.


    11-27 11:22 AM
    Thanks. I will let you all know what happens after i speak to my immigration dept and the lawyer.

    12-17 11:25 AM
    I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.

    If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.

    If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.

    While returning, it is either AP or valid stamp on passport.

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