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Member Profile: kiranks (15 posts)

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Hello, I'm kiranks (report this user)
I am from India
I last logged in on 09 Mar 2017
I have been a member since 20 Nov 2007
I have added 15 posts in trackitt forums
I added my last post on 25 Feb 2015
kiranks's Immigration Cases
 
OPT case: Approved   (0 comments)
User: kiranks Nationality: India
Job Offer in Hand While Applying?:Service Center:Vermont
Application Filed:Processing Type:
USCIS Received Date:05 Oct 2007RFE Received?:no
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:30 Nov 2007Card Ordered Date:
EAD Received:Total Processing Time: days
Days Elapsed:University:UMD
Case Added to Tracker: Last Updated: 01 Dec 2007
Notes: Receipt date - 10/9/2007 - Status changed from "Case received and Pending" directly to "Card Production Ordered" on 11/30/2007 at 12.00PM - Status changed from "Card Production Ordered" to "Approval Notice Sent" on 11/30/2007 at 9.00PM.

H-1B case: Approved in 92 days (2 days less than average)   (3 comments)
User: kiranks Nationality: India
Application Type:extensionService Center:Vermont
Processing Type:regularApplication Filed:01 Nov 2011
USCIS Received Date:04 Nov 2011Receipt Number:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:01 Feb 2012
TN Status:Most Recent LUD:
Total Processing Time:92 daysDays Elapsed:
Case Added to Tracker: 18 Jan 2012 Last Updated: 24 Feb 2012
Notes: Was pending for 3 months. Converted to premium processing after Jan 24th, 2012. Got approval in 1 week.
kiranks's Posts
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders



Everyone tweet so that you can prevent false information from spreading. Also, prevention of false information will help us with other fixes to legal immigration (like i140 ead etc).

Sample tweets

@daveboyer @washtimes stop spreading false information #H4EAD is not amnesty It followed the full rule making process that took 4 years

@daveboyer @washtimes get your facts right about #H4EAD. Its not EO. It followed rule making process and is valid as per the statute AC21

@DaveBoyer get your facts right about #H4EAD. This is not amnesty or executive authority. The rule is as per the statute AC21



Personally I think maybe we can replace "it's not EO" with "the judge doesn't turn it down or it's for legal immigration or it's not stalled". Other wording is fine. Because EO is the major political thing that can help us get I-140 EAD or other reforms, please aware of that, we don't want to shoot ourselves in the foot.
If H-4 is not EO, then when EO is coming, how can we fight for I-140 EAD, on what basis?

If you are one of the organizers, please take this into consideration. Thanks!



Its a little wordy and I do not know if twitter will allow so many characters. For now, I've just modified the sample tweets


@daveboyer @washtimes stop spreading false information #H4EAD is not amnesty It followed the full rule making process that took 4 years

@daveboyer @washtimes get your facts right about #H4EAD. It followed a 4 yr long rule making process and is valid as per the statute AC21

@DaveBoyer get your facts right about #H4EAD. This is not amnesty or executive authority. The rule is as per the statute AC21
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

Everyone tweet so that you can prevent false information from spreading. Also, prevention of false information will help us with other fixes to legal immigration (like i140 ead etc).

Sample tweets

@daveboyer @washtimes stop spreading false information #H4EAD is not amnesty It followed the full rule making process that took 4 years

@daveboyer @washtimes get your facts right about #H4EAD. Its not EO. It followed rule making process and is valid as per the statute AC21

@DaveBoyer get your facts right about #H4EAD. This is not amnesty or executive authority. The rule is as per the statute AC21
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders


yes I am also getting your point. But in that section this line is throwing me off "transferred their employment to a new employer.." espc. the words "new employer".



Again, this would still apply for those people whose H1B was NOT extended based on AC21 104(c).

For example - take a case where the H1B is on 2nd or 3rd year. i140 is pending. This person changed employers. New employer's H1b extension will NOT happen based on AC21 104(c) because i140 is pending and that person is under the 6 year mark. IMHO, in this case, the H4 dependent is not eligible.
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders



I was doing some research to figure out an answer about H4 eligibility for those cases who are in my condition -
Past 6yr mark on H1B. Had an approved i140 from previous employer. New employer applied for H1B based on previous employer's i140 (basically as per AC21 104(c)). Previous employer may have "withdrawn" i140. New employer's PERM is under progress. If you are wondering if your beloved H4 spouse is eligible -

Short answer - Yes

Long answer - If the H1B is extended based on 104(c) then the spouse is eligible. Does not matter if the i140 is from previous employer. Does not matter if the i140 is now withdrawn. As long as your H1B is successfully extended based on 104(c), then H4 spouse is eligible. The proof is here from the rule in the federal register -

Section B.1 (last paragraph)

DHS confirms that H-4 dependent spouses of H-1B nonimmigrants who have extended their stay under section 104(c) of AC21 are eligible for employment authorization under this rule. Section 104(c) of AC21 applies to a subset of H-1B nonimmigrants who are the principal beneficiaries of approved Form I-140 petitions. [8] Because this rule provides eligibility for employment authorization to H-4 dependent spouses of all H-1B nonimmigrants who are the principal beneficiaries of approved Form I-140 petitions, it captures the section 104(c) subset. DHS has thus determined that it is unnecessary to include section 104(c) of AC21 as a separate basis for employment authorization eligibility in this rule.





But doesn't this contract with the following

(3) Pending Form I-140 Immigrant Petitions With New Employer
Fewer than a dozen commenters requested that DHS extend employment
authorization to H-4 dependent spouses in cases where the H-1B
nonimmigrants have transferred their employment to a new employer and
are in the process of obtaining approval of a new Form I-140 petition.
As noted above, however, authorizing employment based solely on the
filing (rather than the approval) of a PERM application or Form I-140
petition is likely to encourage frivolous filings to allow the H-4
dependent spouse to obtain employment authorization while the filings
remain pending. DHS thus is not extending this rule on the basis of
pending PERM applications or Form I-140 petitions. By requiring that a
Form I-140 petition first be approved, DHS will further disincentivize
frivolous filings and better serve the goal of extending the
immigration benefit of this rule to only those spouses of H-1B
nonimmigrants who are genuinely on the path to lawful permanent
residence.



It does not conflict because the section that you are referring to is to handle cases where H1B is not extended based on AC21 104(c).

For example - take a case where the H1B is on 2nd or 3rd year. i140 is pending. H1b extension will NOT happen based on AC21 104(c) because i140 is pending. IMHO, in this case, the H4 dependent is not eligible.
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders





@daveboyer story on @washtimes reg. #H4EAD is false.nothing to do with court order


please retweet this. do not want folks, esp. journalists to spread false info.


the story is at http://www.washingtontimes.com/news/2015/feb/24...



I sent a strong email to the author of this news article to get his facts corrected as H4EAD is not part of the Obama EA and its not amnesty etc. I'm still surprised how these people can write such articles with bogus information to stir people sentiments.

I encourage other forum members to email to this author and give him facts about H4EAD without any foul language and ask him to correct his news article or put an apology.
here is his email id: dboyer@washingtontimes.com




Have emailed and tweeted him.

If no correction is posted in the next hour or so, I plan on sending email to the following editors as well:

Managing Editor
Christopher Dolan
cdolan@washingtontimes.com

Editor
John Solomon
jsolomon@washingtontimes.com

Digital Editor
Ian Bishop
ibishop@washingtontimes.com

(i picked up these ids from http://www.washingtontimes.com/contact-us/)

We need fellow members of this thread to tweet/email this guy about the incorrectness of his story. This is plain false/lie.
I have posted a request on H4 Visa A Curse facebook page as well.

Doesn't matter what political beliefs are, journalists should not lie about facts.








################## NOTICE #############

I want every body to send tweet to @DaveBoyer about above article because he is spreading lie about H-4 EAD

Please take it seriously folks!!







Everyone tweet so that you can prevent false information from spreading. Also, prevention of false information will help us with other fixes to legal immigration (like i140 ead etc). Sample tweets

@daveboyer @washtimes stop spreading false information #H4EAD is not amnesty It followed the full arule making process that took 4 years

@daveboyer @washtimes get your facts right about #H4EAD. Its not EO. It followed rule making process and is valid as per the statute AC21

@DaveBoyer get your facts right about #H4EAD. This is not amnesty or executive authority. The rule is as per the statute AC21
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

I was doing some research to figure out an answer about H4 eligibility for those cases who are in my condition -
Past 6yr mark on H1B. Had an approved i140 from previous employer. New employer applied for H1B based on previous employer's i140 (basically as per AC21 104(c)). Previous employer may have "withdrawn" i140. New employer's PERM is under progress. If you are wondering if your beloved H4 spouse is eligible -

Short answer - Yes

Long answer - If the H1B is extended based on 104(c) then the spouse is eligible. Does not matter if the i140 is from previous employer. Does not matter if the i140 is now withdrawn. As long as your H1B is successfully extended based on 104(c), then H4 spouse is eligible. The proof is here from the rule in the federal register -

Section B.1 (last paragraph)

DHS confirms that H-4 dependent spouses of H-1B nonimmigrants who have extended their stay under section 104(c) of AC21 are eligible for employment authorization under this rule. Section 104(c) of AC21 applies to a subset of H-1B nonimmigrants who are the principal beneficiaries of approved Form I-140 petitions. [8] Because this rule provides eligibility for employment authorization to H-4 dependent spouses of all H-1B nonimmigrants who are the principal beneficiaries of approved Form I-140 petitions, it captures the section 104(c) subset. DHS has thus determined that it is unnecessary to include section 104(c) of AC21 as a separate basis for employment authorization eligibility in this rule.
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 24 Feb 2015
Topic: EAD for H4 Visa Holders

Congratulations to everyone for the hard work. Sincere thanks to all the people who went and met OMB and USCIS.
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

Thats a great idea to tell them why we think the rule should be EFFECTIVE IMMEDIATELY.

Also, I've seen many people in my situation on this thread - "I had an approved i140 with my previous employer. Now I changed employer. new employer is doing PERM and PERM is going to take a lot of time these days. But I do not know if my spouse can apply if old i140 is withdrawn. How can my spouse apply for H4 ead". I want to write to OMB expressing this concern while they are "actively reviewing" the rule. All we need is to make them aware about such "corner cases". I can write to them if I can get a contact email address. I'm sure its somewhere on this thread, but can someone give it to me again?

If there are others with "corner cases" or situations that they think OMB needs to be aware of, I can compile and list and make them aware of such situations and ask clarifications.
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Posted in I-765 (EAD) Forum on 19 Feb 2015
Topic: EAD for H4 Visa Holders

Please understand that i140 revoke and i140 withdrawal are different.

i140 revoke is because of fraud.

i140 withdrawal is something companies can do. My ex-employer told me that they will do it when I left that company. There is some confusion for people in my situation -
I changed employers. My i140 was approved by my previous employer and I was told that they will withdraw after I leave. Now, the new company is doing PERM (apparently takes a long time nowadays). In this case, dont know what the rule will be wife's H4 EAD (after the rule is approved ofcourse)
I don't like this postI like this post
Posted in I-765 (EAD) Forum on 17 Feb 2015
Topic: EAD for H4 Visa Holders


Hello Anirban, Pooja, Balasubramanian, Vigneshwaran and Vinod,

If any of you read this post, could you please include one more question to the USCIS officials if they are also present at your meeting with the OMB folks?

The rule states that you have to either show proof of a) H-1B principal's approved I-140, or b) proof of principal's H-1B extension based on AC21 106(a) and (b). My question is: can they please make sure to clarify that we can also submit proof of H-1B extension based on AC21 104(c)?

AC21 106(a) and (b) are 1 yr H-1B extensions. AC21 104(c) gives 3 yr H-1B extensions. This is usually given to an H-1B principal who has an approved I-140 but cannot apply for I-485 because PD is not yet current. These H-1B folks can change job and retain the same PD. They will have to start perm and I-140 application again though. What should the spouses of such individuals submit as proof if the old company has revoked the approved I-140?

So for example, my husband is in his 8'th yr of H-1B and has got 3 yr H-1B extension based on AC21 104(c). He had an approved I-140 at his old job, but PD was not current. He recently changed his job, and his new company is going to start perm and I-140 process again. I am not sure if the old company has revoked I-140, so I may or may not be able to submit it as proof. Clearly, he has an extended H-1B, but it is not based on AC21 106(a) or (b). It is based on AC21 104(c). I should be eligible for EAD under this rule, but they need to clarify in the list of acceptable proof documents, that you can also submit proof that principal H-1B has extended their visa based on AC21 104(c).

Sorry if my question is long and unclear. I know there are many folks in a similar situation such as mine...so if possible, please do ask them this. Thanks a ton!



I have the exact same question and my wife is in the exact same situation. We need more clarification regarding this.

So my humble request to - Anirban, Pooja, Balasubramanian, Vigneshwaran and Vinod, who are attending the meeting tomorrow to get some clarification on this.

Thank you.

P.S : My tweeting continues :)
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Posted in I-765 (EAD) Forum on 10 Feb 2015
Topic: EAD for H4 Visa Holders

I'm a long time lurker of this thread. First of all, I want to express my sincere gratitude for all the work you guys are doing. I'm doing my part too. One thing I wanted to ask - Has anyone thought about reaching out to Oprah or Ellen regarding H4 esp because this is a women's issue? We can tweet to Oprah/Ellen to grab their attention.
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Posted in H-1B Forum on 05 Mar 2014
Topic: Ds-160 : Acquisition - old or new company information

Thank you for the quick reply. Just one more clarification so that everyone like me who searches for this information can benefit from this -

When you say supporting documents, what were they -
Successor of Interest letter (on new company letterhead)
Employment verification letter (on new company letterhead)
Paystubs
Press releases of the acquisition
Original i797 (showing old company's name as petitioner)

Is there anything else you carried?
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Posted in H-1B Forum on 04 Mar 2014
Topic: Ds-160 : Acquisition - old or new company information

Hello annabelle

Can you tell us what you eventually did on your DS160? I am in the exact same situation and the attorney is suggesting that I use the new company's name everywhere (including "petitioner name").

What did you end up doing and was your visa stamping successful with the new name?

Thanks
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Posted in I-765 (EAD) Forum on 28 Feb 2014
Topic: EAD for H4 Visa Holders

In the same boat as many of you here. Waiting for this regulation to pass.

Will do anything in my power to get some action on this.
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Posted in I-765 (EAD) Forum on 05 Dec 2007
Topic: EAD card delay...any advice

you can ask your international student office to contact uscis and ask them to expedite your approval. uscis usually respond fast to International student advisors. all the best.
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