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so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?

her company is a US based company not desi consultant

hey guys how about a adv parole doc in hand when returning instead of a stamped visa transiting Frankfurt?

Chanduv23,

I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"

best

Definitely - thanks.

We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.

I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.

Remember - if you don't care for your farmers - after a while - you won't have food.

Life is not all about being lethargic and not caring for things that matter

When things go bad it is we who have to correct them - we must make sure they never happen to our children

Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.

Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on

Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.

All we have to do is to unite and stand up for oursleves.

So, lets all go to DC and support IV for taking up this wonderful task

Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.

Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....

Thank you
Tina

I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.

Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?

A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:

Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:

Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).


Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?

A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.

Please keep this thread handy... For my wife, we went through hell due to super coordination between, immigration & social security office.

http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22458-h4-to-h1-no-ssn-yet-7-weeks.html

Hi Goel_Ar, thanks for the response. Assuming there is indeed very good co-ordination between USCIS and SSN office, how long does it *normally* take to get the card?

Any ideas, anyone?

i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess. :)
Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!

Hi,

Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

Regards
ZooZee

PD is applicable only to 485 and has no bearing on EAD and AP. You can always apply for EAD and AP if you already have a 485 receipt.

cheers

well... I am definitely not scared. Just wondering if anyone else is in the same situation, or has any useful advice ;)

If you were trying to be funny there, seriously, I didn't get it.

pal :)

Income earned thru rent is considered as Un-Earned Income. All the un-earned income (i.e. that you get by not working) is not subject to social security taxes. But any income earned(working or stocks gain, house rent etc.,) is always considered as Income. Income( i.e. Earned or Un-earned) is always subject to tax as per IRS.

So many people who work for themselves (home based company owners) will write check themselves(company name to personal). So that when filing taxes, company taxes are tax deductible) and self income taxes are not subject to social security and Medicare taxes which is a good amount to save.

My 2 cents. This is best according to my knowledge. Consult a tax professional for accurate info.

Hello,

My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

1: I assume this should not impact me from filing a joint return. Am I right ?

2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

Thanks in advance.

Hi,
I have had my D50 for 4 weeks now. I've just been on holiday and discovered that I'm getting a black circular spot near the top left of my pictures. The spot IS NOT visible through the viewfinder, only after I have taken the picture. With the aperture wide open, the spot is less defined, but if I close down to around F22 or similar, it becomes sharper & more pronounced. Also, it's not a lens problem, as I have tried both my lenses at ALL zoom focal lengths and it's still there. I have used a blower on the mirror but not sure what or where the problem is. Any ideas ?
Thanks !

I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.

I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

who wants to be mess with NSC :)


Thanks,
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.

Hi All,

My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

I have an approved H1b till early 2009 and plan to use same for my travel.

Any pointers on this one?

Thanks

From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

finally i got the 140 from my employer..and my date was ported successfully..so its all good.

Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.

Thank you.

when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.

Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status

Please advice...

Thanks....

Thanks Kopra for the reply.

Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.

Even for my wife early last year we had issues in the PA DMV, As some others mentioned not all officers are aware of the rules. We did take the PA Fact sheet print out which clearly mentions that people with EAD should get a 1 yr license extension.
http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf

After showing the same, the officer consulted with his senior and did extend the licence. I am guessing even CT should have some official document as above which you should be able to use.

Dont worry i am sure you will get it extended soon.. As others mentioned just your bad luck.

Dude,

This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.