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Hi:

Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.

Thanks.

I got married one year ago. My wife was born here and we filed my I-485 and I-130 and I-765 with her.
1- my office in CT state ( hartford)
2- I applied in April 31 2009. My sponsor was from CT and my wife is the petitioner
3- They received my cases and cashed the checks June 10 2009
5- In July 31 I did my biometrics test ( finger print )

6- In Aug 2009 we moved to Michigan and My lawyer is going to transfer the case to MI
8- october 21 they requested some evidence
9- Nov 2009 they requested that the sponsor and the petitioner should have the same address???
10- I changed my sponsor and I have a new one from Michigan.
11- January 9 2010 they accepted that.
12- Feb 3 my Lawyer surprised me and told me that I have an interview in Hartford,CT even tho she changed every thing to MI. She said she has the proof that she changed the address but it didn't update in the system and she blamed the system. she said she is going to reschedule my appointment to MI and she said the are going to send me a new notice in 2 to 3 weeks.
13- Feb 8 2010 they ordered my EAD card.
14- Feb 9 they mailed me a notice that they approved my I-765.
15- My lawyer said they sent my EAD card and the notice to my old address in CT and she said they went back to them and they will re send it to my new address in MI.
16- Feb 22 as of today they updated all my cases but without any new info ( just the dates)

17- I am so confused and I have those questions:
A) Did my case transfer to MI or nothing happen since I moved?
B) how long does it take to get everthing back to the right way?
C) what is going to happen to my EAD card and the NOTICE?

Please help me with this and I will really appreciate it

Yes. I did contacted both Kerry and Brown's office last month (July end) for my EAD renewal application.

Both office staff were very receptive. Brown office has more than one person working on immigration matter....and I believe they were first to act on my case. I got EAD approval 4 days later.

Is there any similar organization in Tri-State Area?

The link does not work, please repost the correct link.

H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.

To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.

An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.

In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.

thanks a lot for your reply. It gives me great comfort knowing that I am not risking it all for an EB2 on which the attorney is only 50% hopeful

Divak, Please see this link:
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web635.pdf

If you don't get your Cards in a reasonable timeframe, I suggest you take an appointment with your local USCIS office using infopass, and take a copy of this ruling to show them. I expect them to act promptly after seeing that you are considering suing them for the delay.

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I think he sings better than I code...

I'm not from India but I believe in Karma. We create our own future through our actions. If we perform a good action today we can expect a good result. That is why it is so important that the undecided people attend the rally!

Think of retrogression as Sansara. A vicious circle. It is only by acting and creating our own Karma that we will get out of Maya and see reality. Our gren cards will not fall from the sky, we have to go get them! By not going to Washington and assuming that your green card will suddenly appear out of nowhere, you are proving to yourself that you are stuck in some sort of immigration avidya.

We need to act with selflessness as in Karma Yoga, so that we can understand how our unity will bring the results we seek, to all of us.

Remember Arjuna when he realizes before the battle that his enemies are his own family. We at IV should not be our own enemies by not attending the rally, because we all know what Krishna told Arjuna: "Your duty is to fight"

Instead of hurting each other, we need to use karma and our friendship for each other to unite in our common cause and fight. Remember, our duty is to fight, it is our choice then to fight against each other (by not attending the rally and letting others do it) or fight all together, united against retrogression, and create the good Karma that will ultimately defeat the broken immigration system.

We all are family! Let's fight together friends!!! Come JOIN US IN DC!!!!

RFE - Request for evidence

No. You can't do anything other than H1B job.
Hello Folks,

I am on H1-B and have an EAD. My Dad is a builder in Hyderabad and I want to promote the apartments in US. Can I rent an office space and just do marketing without registering a business? All sales will be completed in India.

Thanks for your advice,
Ramki

Hello -

I am in sort of big dilemma. My Background:
- Single (not married)
- Currently on H1-B valid until Dec 2011.
- PD July 2007. Company A
- I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.

I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.

Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:

- they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
- I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.

So, I have following questions to experts here which will help me decide what option to take:

1) Shall I go ahead with new employer & start using EAD ?

2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?

3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.

Please advise.

Thanks in advance...

According to my lawyer, it is not needed!!

Hello folks

My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.

Thanks

I know that PERM labor gets expired if one does not file I-140 within 180 days of labor's approval date.
I am wondering if DOL has any procedure to revive expired approved/unused PERM by filing some sort of request/appeal or by paying some sort of fees etc. or if not ,then one files a new PERM by referring the old unused approved labor for the same job and same person then DOL can give an expedited approval.

Short answer is NO.

You have to file a new PERM and it will be processed in the existing processing times unless its a special handling case (University profs, etc) which currently is taking around 4 months to get a PERM approval.

Any one??

Whats next??

ANY ONE READ THIS?



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A Non profit organisation is willing to sponsor H1 for my friend who is a Masters degree holder.
Can I get some info about the process to apply for H1 through a Non profit organisation.
I know it does not fall under the 65 k cap, but is unsure of the process and documents needed.

Any links or info will be appreciated.

$1200/- & above,this is only attorney fees.

Your MAVNI adjustment of status should cover your family, so they should be adjusting with you. You do not need to or have to send them to your home country.