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  • JunRN
    08-11 06:00 PM
    True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.





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  • gc_peshwa
    03-07 03:19 PM
    Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK





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  • mirage
    03-06 01:03 PM
    Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him

    1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
    2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

    He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...

    I urge you guys to contact your senators & Congressmen/Congresswomen

    We have a group which is focusing on this issue, if you want to join us here's the link

    http://groups.yahoo.com/group/yourvoiceiv/





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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks



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  • vparam
    05-26 02:16 AM
    The first round was victorious. Hopefully the second and third round does not take out the hard victory QGA & Staffers of various Senators & the Senators have got us.

    Thanks to all QGA & Staffers of various Senators & the Senators .

    I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.





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  • reddymjm
    05-21 01:55 PM
    hi,

    Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.

    It is no longer available.



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  • gctoget
    09-26 12:22 PM
    How long does it take to get EAD card by post after Finger printing is done?





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  • ushkand
    10-09 12:11 PM
    can she move from H1 to EAD immediately?
    Yes

    what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
    Pros are -
    She can work for anyone or even not work at all

    Cons -
    The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.

    Also what kind of company she can have on EAD (corp,LLC)?
    what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
    You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.

    Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?


    You can always keep your company "open". You don't lose anything if you just have a DBA.

    Once she have her own company then she will work thru that company corp-to-corp or 1099??
    If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.



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  • Img
    10-19 08:20 AM
    Apparantly checks are not accpted any more.


    C. Personal Check in Mail:

    Begining Oct 18 2007, we are not accepting paper checks in the mail for an indefinate amount of time. If you have already sent the check before Oct 18 2007, we will accept it and encash it. Please contribute funds electronically using the Paypal or Google checkout links above. Thank you for your contributions and sorry for the inconvenience.

    RK





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  • EB3June03
    06-25 06:47 PM
    So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.

    I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.

    Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)

    View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
    17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
    The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information

    Did any of you folks run into similar situation?



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  • avi
    01-10 09:00 PM
    Me (and two of my colleagues are) in the same boat!
    July first week filer -
    Receitps /EAD/AP received for both me and my wife
    No FP for either of us .. same is the case with the others





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  • roseball
    04-14 07:22 PM
    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....



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  • H1B-GC
    11-30 02:32 PM
    GC Delay,

    Take an infopass Appointment and speak to an IO . Hope all the Mess created by USCIS in your case will be cleared. Below is the link for infopass... Since it is USCIS error, hope they will approve ur AOS as a courtesy ;)

    https://infopass.uscis.gov/infopass.php





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  • crystal
    09-14 03:39 PM
    are we not aliens?

    i hear as if some aliens are speaking .



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  • Ramkumar
    03-17 10:58 AM
    Hi,

    I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

    It would be great if I get answer the below my Question:

    1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
    2. What are the documents needed from employer A, if I want apply I-485?
    3. All my friends telling me, I can apply I-485, Is it true?

    Tons of Thanks,
    Ramkumar





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  • gc_in_30_yrs
    09-11 04:03 PM
    My PD is Aug, 2004. Got 45 Days letter sometime in March 2006 and replied. No movement. No changes. No information. Employer says, he did not hear anything from them to start advertising.



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  • cal97
    03-12 02:17 PM
    Congratulations! I am not sure if the online status is being updated. I got my I-140 approval on 3/5/2009 and still shows as pending online.

    Anyways, enjoy your freedom.

    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





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  • xu1
    08-08 09:56 PM
    ...of meaningless "predictions."
    :).. Just like I tune to Bloomberg radio everyday, listening to all those economists, money managers, bond traders pondering how every other month the Fed makes its move on the interest rate... I'm sick and tired of them predicting what's about to happen must happen by the rule of economics. But I tune in nonetheless every day when I drive to work.:D

    It's probably fun, and meaningless.





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  • beautifulMind
    08-08 08:44 PM
    Universities are non profit organizations hence not restricted by h1b quota..Try to find a job in a non profit organization till then stay in school ...you can also consider getting married :) which will open up more options for you





    kisana
    04-10 12:13 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.





    ck_b2001
    08-15 02:48 PM
    Why cant we just sit back and relax. There is nothing we can do after filing and if you have not heard about reciept, check cashed then no big deal. 99% peopel will get reciept without rejection. Have some faith. We will get nothing from calling USCIS, figuring out LUD, speculating who signed our envelop.



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