Prazz002
07-19 02:06 PM
I think this applies only for existing cases that is if you already have a EAD number and applied for renual.
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malibuguy007
10-01 06:28 PM
Sorry forgot to put the confirmation number in 86FWC-M9PFC
she81
07-05 09:24 PM
I don't know why they keep whining about bringing more H1s when they cannot provide for the ones already here? Even a layman would agree that more H1s without corresponding legislations to fix broken GC system would add fuel to the fire.
Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?
Or is it what someone in this forum suggested - they want to bring cheaper younger people to replace the old ones after 6 years?
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simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
more...
Reddy1576
07-27 10:17 PM
I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?
can i apply one more I-140 , and what will be my case in this situation?
Thanks
Reddy
can i apply one more I-140 , and what will be my case in this situation?
Thanks
Reddy
lazycis
01-24 12:38 PM
I do not think there will be any issues. It's cheaper for the company to apply for EAD renewal than for H1B extension, though...
more...
rongch60
06-27 12:48 PM
Replacement EAD means replacing lost EAD, and only 1-year EAD will be issued. Most people apply for EAD renewal, which is OK for 2-year EAD.
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gsc999
08-07 03:05 PM
Hi,
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
Your help will be greatly appreciated
Thanks
--
Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue
I need some info. about whether it is good idea to do Canadian PR Landing and H1B extension stamping in one visit to Canada?
Here is the situation:
------------------
Your help will be greatly appreciated
Thanks
--
Yes, I just spoke with another IV member who is in your situation and he is visting Canada later this month to take care of this issue
more...
desi3933
05-10 09:28 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Khali dimag shaitan ka ghar
(Translation: An idle mind is a devils workshop)
.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Khali dimag shaitan ka ghar
(Translation: An idle mind is a devils workshop)
.
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IndiaBULL
09-08 11:55 PM
can some one tell me what IV is currently working on?
more...
EndlessWait
01-22 04:34 PM
I would like to open this thread for those who are worried about the implications of using AC21 after 180 days. Lots of folks on several thread have either attempted to scare(any desi consultant ;) ) or are just scared!
I would like to have ppl share there reviews and experiences but I assure you
that AC21 is the law and your I-140 revocation has no effect to your on going process if you've done as required by the law as follows:
1. Joined the new job in the same or similar category
&
2. Minimum salary as specified per approved labour
So pls dont worry..be happy..love AC21! :D
I would like to have ppl share there reviews and experiences but I assure you
that AC21 is the law and your I-140 revocation has no effect to your on going process if you've done as required by the law as follows:
1. Joined the new job in the same or similar category
&
2. Minimum salary as specified per approved labour
So pls dont worry..be happy..love AC21! :D
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keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
more...
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
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satish_hello
09-11 02:08 PM
My case is transfered to from NSC to CSC on 09/07, California Service center.
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
more...
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Libra
08-22 08:05 PM
dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.
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ivgclive
05-10 10:22 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
You nailed it my friend.
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
You nailed it my friend.
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
more...
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srini1976
07-11 04:44 PM
:D Congrats dude!
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Carl2k
11-03 01:34 AM
Im interested. Need time to fill up. Pulling my hair out with all this free time of mine.
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fromnaija
10-26 11:35 AM
EAD is specifically authorization to work in the US. So in your situation, the answer is NO, you cannot use EAD for employment outside the USA. To work in another country and keep your green card process going, you will have to change your application from AOS to consular processing.
andy garcia
01-03 03:04 PM
Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
PPS provides faster processing of certain EB petitions and applications. Specifically, USCIS provides 15 calendar day processing to those who choose to use this service or USCIS will refund the PP fee and the relating case will continue to receive faster processing.
The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of Form I-907, Request for PPS, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or a NOID, a RFE or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the RFE or NOID.
The information above is from the CIS page:
How Do I Use the Premium Processing Service?
irrational
06-18 08:28 PM
My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin
This is for an EAD Renewal.
Is it ok if I don't send the I-485 Receipt copy ?
-Bipin