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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We

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  • srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.

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  • andy garcia
    11-04 08:20 PM
    Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.

    How are AP and EAD related?

    My son and I have never applied for AP and we have got two EAD's.

    My wife on the other hand has never applied for EAD, only AP.

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  • diptam
    07-05 08:56 PM
    I do NOT understand about AILA's lawsuit if the packages don't come back.

    But as long as you can reproduce the Originals you should be able to file
    485 again if your PD becomes CURRENT - Why Not ??

    Is there any law which says that unless you get back 485 rejected you can't
    file again. I dont think so.


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  • dicarol18
    07-27 07:46 PM
    I sent the 140-765-485 on June 30. reached Nebraska on July 2...and I got receipt notice of 140, Does anybody know if I am going to receive Receipt Notices for 765-485 too or I have to let them know that I sent those Forms too????:confused:

    Please, I will wait for an answer...

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  • martinvisalaw
    06-12 04:40 PM
    You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.

    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.


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  • kprgroup
    02-01 11:33 AM
    Update on H1B Extension

    Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.

    Thanks Ann

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  • pappu
    10-02 07:08 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    pls do not forget to mention immigration voice name in your letter so that the reporter can contact Iv for any further information.


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  • USDream2Dust
    06-14 09:53 AM
    We have excellent scores and me and my wife would be both on mortgage.

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  • aries
    08-07 07:35 PM
    I came back on Sunday after landing with a expired visa but valid H1B till 2010
    My family had valid visa till sept 07

    So we donot need a valid stamped visa to come back. ? We can come back if we have H1 papers.Thanks for the respose.


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  • dreamgc_real
    01-07 09:04 AM
    AUSTIN -- Illegal immigration isn't on the short list of issues Texas sheriffs gave this year's Legislature, but it could end up becoming a new priority for them.

    Texas has 254 sheriffs, and while opinions vary about whether illegal immigration should be their problem, some Republicans are pushing measures that won't give them a choice. More than a dozen bills targeting illegal immigration await the Legislature when it convenes Tuesday, when the GOP will enter with a historic conservative supermajority in the House.

    One bill would require police to ask drivers without identification if they're in the country legally. Another would cut off state funds to departments that don't enforce immigrations laws.

    "It's split among my colleagues on whether we should be out here just stopping individuals without probable cause, and questioning them on their immigration status," said Travis County Sheriff Greg Hamilton, who believes the proposals invite profiling.

    On Thursday, El Paso County Sheriff Richard Wiles planned to join immigrant advocacy groups at the Capitol, where they're expected to denounce bills targeting illegal immigrants as bad for the Texas economy and constitutionally unworkable.

    In Arizona, a new law passed last year requires police officers, when enforcing other laws, to question the immigration status of those they suspect are in the country illegally. The Obama administration filed a lawsuit to block portions of the law, and the outcome remains pending in federal court.

    Many Texas sheriffs along the border, long vocal about being understaffed and underfunded on the edge of Mexico's violent drug war, oppose the measures as another drain on their deputies. They and sheriffs in Houston and San Antonio also worry about profiling.

    Others don't see it as an imposition, and maybe a necessity. In Fort Bend County, which includes Houston's conservative suburbs, Sheriff Milton Wright said he would support laws requiring his deputies to enforce immigration laws if the federal government won't.

    "If they're not going to do it, then we need to," he said.

    Arizona's new law left Texas facing unavoidable questions. Texas has an estimated 1.6 million illegal immigrants, second only to California, and Republicans control every statewide office. Gov. Rick Perry has said he doesn't support Texas adopting a law identical to Arizona's, while at the same time praising that state's initiative for taking the illegal immigration problem into its own hands.

    Texas lawmakers have filed immigration bills before, only to see them wither. Deep ties Texas has to Mexico are as much cultural as economic, and leading business groups in the state oppose tough crackdown measures.

    But between then new GOP supermajority in the House and Arizona's success, outnumbered Texas Democrats aren't willing to make wagers on the chances of the bills prevailing this time.

    "You've got a bunch of new Republicans who campaigned with some very inflammatory rhetoric, and they now find themselves in charge," said Democratic Rep. Rafael Anchia. "I'm sure they're going to want to deliver some red meat for some of their constituencies."

    So important is the issue to state Rep. Debbie Riddle that she camped outside the clerk's window to ensure her get-tough immigration bills would be first in line. State Sen. Dan Patrick filed a bill that would require police to ask anyone without an ID whether they're in the country illegally, but the Houston-area talk radio host says his measure affords officer discretion. For instance, he said an officer could choose not to arrest a harmless minivan-driving mom who is revealed to be an illegal immigrant.

    Patrick, who visited Arizona to see its new law in action, said the possibility of legal challenges is no barrier.

    "Too many people want to duck and cover and bury their heads in the sand," Patrick said. "This is an issue we have to stand tall on. Republicans have to stand together."

    In most Texas counties, a suspect's legal status becomes an issue only if they're booked into jail. Their fingerprints are run through a Homeland Security database, and people who are flagged are referred to federal immigration agents.

    Harris County was the first place in the nation to try the federal program, called Secure Communities. But that's about the extent that Sheriff Adrian Garcia wants to be involved in immigration enforcement.

    Garcia said he doesn't want people afraid of calling police for help or coming forward with crime tips.

    "Legislation that would encourage people to have second thoughts about calling 911 or Crime Stoppers, I have a problem with that," he said.

    Several sheriffs said they would wait for the Sheriffs' Association of Texas to evaluate the proposals. Bryan County Sheriff Christopher Kirk, who chairs the association's legislative committee, said last month he had yet to look over the bills individually.

    The association gave its list of six priorities to lawmakers for this session. The list includes jail overcrowding, mentally ill suspects in local lockups, methamphetamines, thieves swiping salvage metals, and what Kirk described as "protecting the office of sheriff."

    Topping the list: border security. But Kirk said that's not about illegal immigration.

    "It's the trafficking. The borders. That smuggling could be drugs, or weapons," Kirk said.

    During the previous two legislative sessions, Patrick said "too much chaos" in the House doomed immigration proposals. This time, Patrick said, Republicans have the numbers - and a willingness to work with law enforcement.

    "You have to have their buy-in," Patrick said. "I want them to be enthusiastic about it."

    Sen. Luz Robles' bill could become national model | Deseret News (

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  • Suva
    11-12 04:17 PM
    Don't give any suggestion on which you don't have any clear knowledge.
    "LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.

    The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.

    When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.


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  • adde72
    07-05 11:25 PM
    Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable

    Indian economy is not depend on the dollar value !!!! wake up ..Its not the IT companys any more ..there are infrastructure ,reality and services sectors which are driving india now...our imports cost more than exports ...

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  • Gator
    04-14 01:12 PM
    As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.

    The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' ( based in Columbus, OH and is supposedly very reputable and well known.

    If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.



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  • LC2002
    04-14 11:00 AM you consider to donate anything to IV...

    Thanks, sure.

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  • sagar_nyc
    01-26 11:22 AM
    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.


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  • gcformeornot
    09-25 03:53 PM
    When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.

    Your EAD is valid, but it is useful only if you have a new job.

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  • guyfromsg
    07-26 08:24 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?


    Please see the update in Oh law's site

    Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?

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  • s416504
    08-13 08:26 PM
    I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews I am also in same boat.

    07-09 11:01 PM
    I am sure there are many guys in this forum as frustrated as I am and we all have been wondering what our other options are. I also know that lot of people have started to think very seriously about immigration to other countries.

    Based on our current circumstances, I have been wondering if it will be worth making a collective effort. In other words, how about if wrote an open and collective letter to leaders of the other immigrant friendly countries about our interest in immigration to their country for the mutual economic and professional benefits. I know this sounds a little silly but if USA is not ready to recognize and appreciate the benefits of legal immigrant community then I am sure there will be several other countries willing to benefit from this situation and gain competitive excellence. After all, we are all professionals and we all have lot to offer to the economy of today's competitive world. I believe we deserve a little better than we got right now.

    Any thoughts?

    02-09 02:39 PM
    Guys Please contribute...Thats the need of hour.

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