bradley emmanuel

Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.

Thnaks

It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.

Man you're weird too....


SPAM SPAM SPAM


:::::runs away too::::: (HA!)

The problem is I only have single entry visa to Canada. So if I go out I cannot come back without visitors visa to canada.

I am scared about that as well.

So, if the consulate decides to issue me the visa, can I get it stamped in India?

Your reply is much appreciated.

yep .. that was my thinking.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?

I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.

Couldn't agree more !!!. Stop fighting !!! Both have merits.

This (consideration) may not be widely known but it is not new. I posted a link about a week ago about the senate testimony by a leading law firm (invited witness/expert) on this subject.



From all the discussion above, it's clear bigoted minuteman types who came up with this brilliant tactic of pushing point based system to delay and deny any type of immigration reform this year are winning rhetorical victory.
Guyz.. please just SHUT UP.. No point in fighting with each other..
first..
anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!

2nd...
Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..

BUT whatever your views.. don't give any credence to this divide and rule tactic..
look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !

It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.

Hello Members,

rajuram brings up a good point ..

It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.

Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.

WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.

well i didnt see that ........my bad..........stupid me.........:jail:

I am in the same boat. lets us wait and watch .

We should continue this thread and lets see what people has to say.

Hello Gurus,

I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.

Thanks.
Srinivas

In this land where honey and milk flows, i always have that anxiety of loosing ( by virtue of lay off ) 'affordable' health care coverage and i haven't fully read what all fine-print stuff BlueCross Prudent Buyer plan have. And i do have a chronic condition. Currently the monthly premium is around $500 for the 3 member family.

If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.


Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.

Can I use my advaanced parole document once I get it if my visa gets rejected in India?

Infopass should be able to get you NC info. It just depends on the IO officer there.
I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

Nebraska is not actively processing India EB2 cases.
Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

Hope this helps..

I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

Any idea?

cheers

Sidharth

anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.

Hi

Will the email i sent have any advantage to him?

Please help

Thanks
MRD

Nope - it does not legally bind you though it hurts your credibility.

Dear Friends, My sincerest hopes and prayers that EB2-I dates advance my PD is Jul 2007 and we narrowly missed the Jul 07 windfall. I hope our wait for EAD & AP ends this year!

My mind says its difficult, heart says pray for it, maybe our wishes and prayers are granted in the Oct VB. Good luck to all :)

Same here my friend, I also missed narrowly....Hoping next bulletin EB2 india will be around 2007 end....

lets pray for and hope for the best...

jnraajan: Yes, you are right! That's what I was saying too.

"...If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton ....."

Yes, if they can file their 485 after June10..there will be certainely some more movement of PDs...

I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
Now i got the AP document but the date issued is october 12 2008 to october 2009 .
But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .

This is trouble.

They might have issued AP to you, lost somewhere in mail. Now they renewed starting expiry of first one.

On this AP - a big NO.

I hope someone familiar with this type of situation - is it possible to request USCIS by taking infopass?

Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
http://www.murthy.com/bulletin.html
I hope I understood it correctly.
What do all of you say?

If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:


The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
�MurthyDotCom
The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.

Hi,

Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


Please help me understand if their concerns are valid and if not what is the remedy.

Working on EAD has never been a problem. But I did hear from some hiring managers that they have concerns about constant renewals and other issues associated like RFE etc.. and thats why they avoid hiring people on EAD - this is like very few people who are misinformed.

Usually some employers ask - have you switched after 180 days of filing 485 just to make sure there is no problem.

Company need not harbor illegal employees, they can do what it takes to keep the employee employed.

HI Keith,

Having shot 10's of thousands of pics on my cameras, I can tell you that I have formatted each of my CF cards only once, when I bought them. I've never had to reformat them for any reason. As Mats said, be careful not to pull them out of the camera when it's writing and you should have no problems.

There are many sensor cleaning threads here, but I'll echo the blower advice. The less you touch the sensor, the better off you are. I use an oilless diaphragm air compressor (for airbrush use, ~$100). It gives higher pressure air than a bulb blower, and has no propellants or oil in it that could end up on the camera. Most 'real' camera stores have sensor cleaning pads & solution these days. I too have used cotton swabs, and they will work, provided you don't leave any cotton fibers behind, which are a worse problem than the dust.

Good luck & have fun!