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Member Profile: trademark (34 posts)

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Hello, I'm trademark (report this user)
I am from India
I last logged in on 15 Sep 2015
I have been a member since 12 Dec 2012
I have added 34 posts in trackitt forums
I added my last post on 14 Sep 2015
trademark's Posts
1 2 Next »
Posted in I-485 Forum on 14 Sep 2015
Topic: EB2-I Who all current in Oct 2015 bulletin -Lets plan together

Gurus, finally my EB2 date, jan 2011 is current now. Unfortunately, I moved to a new company 5 months ago and my new company is generous enough to start GC process. I am in this ethical dilemma one more time to continue or to move back. for my new I140, it would take another 10 months. What are the odds of retrogression ? Any one in similar situation ? I lost a 2009 date because I did not move back to my old employer in the past. Although all indicators seem to say that the dates may not retrogress, my faith on the data and the policy documents is sliming day by day. What do you guys say ? Go back or wait another 10 months ?
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Posted in I-140 Forum on 01 Jun 2015
Topic: Priority Date porting denial : Any real cases ??

In the recent immigration news posted by few websites like oh-law, murthy, immigration.com etc., it seem to suggest that there is no guarantee that Priority date can be ported when employer withdraws the I-140 even for non-fraudulent and reasonable reasons like moving from employer A to B. We also hear that it it could just be one off case that someone was denied priority date retention.

there must be many who have recently ported successfully? Can we hear from them please ? If there is anyone who has really faced this trauma of denial of priority date retention, can you please share your experience. Except one case, we did not hear from anyone who faced it, if it is real change in policy or trend I would think that someone would possibly share their experience on trackitt.
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Posted in I-765 (EAD) Forum on 25 Feb 2015
Topic: EAD for H4 Visa Holders

Please add this question, just one more variant of question 1) above

23) If H1B moves from Employer A to employer B based on approved I140 (104(c)), and employer A withdraws or cancles the I-140, is the H4 spouse elgible for EAD. Would it make any difference in the rule if A has already completed 6 years of H1B ?
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Posted in I-765 (EAD) Forum on 16 Feb 2015
Topic: EAD for H4 Visa Holders

I-765 draft has these requirements for H4EAD - Basis for Work Authorization. Acceptable documentation includes:

Requirement -a). Approved Form I-140. Submit evidence that the H-1B principal is the beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140). You may show this by submitting a copy of the H-1B principal's Form I-797 approval notice for Form I-140; or

Requirement-b.) H-1B Principal Received AC21 106(a) and (n) Extension. Submit evidence that the principal H-1B nonimmigrant has received an extension of stay under AC21 106(a) and (b). You may show this by submitting copies of the H-1B principal's passports, prior Forms I-94, and current and prior Forms I-797 for Form I-129. In addition, please submit evidence to establish one of the following bases for the H-1B extension of stay.

My question is Spouse eligible for EAD when the principal applicant changes to a new employer and old employer cancels I-140 ? When I googled, I understood that we get 3 yr extensions of H1B on 104(c) of AC21 and can use 106(a) and 106(b) to get 7th year extension when the applicant's labor is applied for more than 365 days.

If the old employer cancels 140, requirement (a) will not help and since the H1B extension is done based on 104(c) of AC21 and not based on 106(a), neither the requirement(b) will help the spouse to be eligible. Is my interpretation correct?
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Posted in I-765 (EAD) Forum on 15 Feb 2015
Topic: EAD for H4 Visa Holders

I am in my 8th year of H1B and I have approved I-140 with my current employer and I am planning to transfer to a new employer on full time basis and I need to decide tomorrow or else I loose the opportunity with my new employer.

I would like to know if my employer cancels my I-140 after I transfer my H1B to a new company, would my wife still gets H4-EAD or do we have to wait until we get an approved I-140 from new employer.
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Posted in I-140 Forum on 15 Feb 2015
Topic: H4 EAD criteria

1) Is H4 eligible to apply for EAD when the H1's I-140 is cancelled by the old employer and the principal applicant has moved to a new employer and new employer hasn't started the green card process but has transferred H1 based on the approved I-140 from old employer.
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Posted in I-140 Forum on 15 Feb 2015
Topic: H4 EAD criteria

Starting a thread to discuss the H4EAD criteria. I know is an active H4 EAD thread, but this thread is to just clarify the criteria for H4 EAD.
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Posted in I-140 Forum on 11 Feb 2015
Topic: MBA after PhD

Based on what you described, go ahead with MBA. If you do not see a future in what you do in your Ph.D, it is just a rider for you to do what you really want to do. MBA can give you a very generalized idea of how the businesses work but if you quit academia and join the regular business, be prepared to be specialized in some vertical and be confident with your skills that you can do a value add in that segment. Say you want to get into finance, check what are the important skills and tools that you need. In academia, its mostly on theory and fundamentals, but in real world, people will stress a lot on the tools. So, cover that hurdle in your preparation time before you hit the market. Thats my 2 cents of advice. And good luck. Do what you love to do.
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Posted in I-140 Forum on 23 Jan 2015
Topic: Wait for EO or move-on ?

Can someone please provide details of the advocacy group the other user is mentioning. Is there any link?
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Posted in I-140 Forum on 23 Jan 2015
Topic: Wait for EO or move-on ?

Even if EO's are implemented and if the process goes through the regular rule making, I am wondering if it would take another 2 years anyway. In that period, I may hopefully get a new I-140 with old date. Also, my most important concern is that if we do the jobs that aren't up to our best interests, we may loose direction and become unproductive after 4-5 years of working in contracting jobs.
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Posted in I-140 Forum on 23 Jan 2015
Topic: Wait for EO or move-on ?

In your case, I would think you should take one more step of porting from EB3 to EB2. If your new american company can start the GC process immediately, I would probably take it instead of waiting for an audit.
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Posted in I-140 Forum on 23 Jan 2015
Topic: Wait for EO or move-on ?

Priority date: Jan 2011, EB2, Two masters degrees. Doing c2C jobs for last 10 yrs. Please share your thoughts on

1) Should I wait for EO till Mar,2015 and hope for pre-registration would be allowed so that I can apply for EAD and therefore done with the greencard process from my side once for all. or

2) Move on with career and life and join a full time company which can align with my skills and schedule and start over the GC process again? I can port priority date, but should repeat the whole process, is it worth repeating or waiting?

3) What do you guys think the timeframe for EO's to be implemented? If it takes 2 more years, then I probably should forget EO and apply for interesting full time positions.

4) Last time, I had 2009 June priority date but because of Audit on Labor, I moved on to a new company and missed the boat. This is acting heavy on my mind. Although it has no bearing on what I am going to do, I don't want to be in a similar situation of trying out something which sounds correct but don't get any fruits despite huge efforts. Any one in similar situation? What do you guys think?
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Posted in Job Search in Canada Forum on 25 Feb 2014
Topic: Vancouver Vs Toronto for IT jobs

Guys

Me and my family is also planning to move this year. I am into java j2ee n oracle ebs. I will be completing MBA this may and already have 11 yrs in IT experience. I aldo have my masters n bachelor engg in comp sciences. It will be good if we can exchange our contacts n experiences about job search. Is there a way to personal im??

I see lot of jobs but haven't started to apply. Any body you guys know successfully landed in it jobs from USA ??
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Posted in I-485 Forum on 26 Nov 2013
Topic: H1 expired in July, What are the options?

My friend has just realized that his H1 has expired in July. He has approved i-140 and been working for the same employer for last 4 years. His 6 yrs of H1 has already expired. From July, until now, he is been working for the employer and been paid. While it is clear that he is clearly out of status, what are the options ? Is there a way out ? Should he immediately leave to home country or can he apply for H1 extension asap ? Are there any negative consequences if he continues to stay ? Are there any legal issues/IRS issues he needs to take care ?
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Posted in H-1B Forum on 26 Nov 2013
Topic: H1, I-94 expired in July.

My friend has just realized that his H1 has expired in July. He has approved i-140 and been working for the same employer for last 4 years. His 6 yrs of H1 has already expired. From July, until now, he is been working for the employer and been paid. While it is clear that he is clearly out of status, what are the options ? Is there a way out ? Should he immediately leave to home country or can he apply for H1 extension asap ? Are there any negative consequences if he continues to stay ? Are there any legal issues/IRS issues he needs to take care ?
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Posted in I-485 Forum on 12 Nov 2013
Topic: EB2-Wait v/s Canada-Both Wife-n-Husband employment.

Please need your inputs to decide. I want to decide between moving to Canada vs living in US and wait until I get EAD. My objective is to work in exciting technology companies in techno-managerial roles. Before I jump to asking questions, please be patient to go over my immigration story.

I have an approved I-140 in EB2 and PD is Jan-2011, with Masters degree in computer sciences and my MBA is near completion (2 courses left) from UTD (Not in top 10 Ivy schools, but in next tier). I have waited long enough latching to the bait of getting EAD on EB-2 with a desi employer, so my wife can start working. I had a PD of 2009-June and have switched to another desi-employer as I got audited. At that time audit queue was 2 and 1/2 yrs and wasn't worth the risk to wait until they decide. We tried to get H1 for my wife for 5 of 5 years she stayed in US, but all the times, it was neither picked nor employers were ready to file. Finally, after a long wait, we got our Canadian Permanent residency.

1) I am planning to complete MBA and then move to Canada and find programming jobs in good IT companies and move to Product management roles. But I did not get a clear picture if there are good number of companies in Canada and even if they are present, do they pay better.

2) Even if I compromise the pay, if my wife can get to work in Canada, are there enough companies to at least give an opportunity for my wife to get a job having 5 years of break from work. She has above average skills barring experience. She learnt lot of technologies, but haven't put to practice.

3) How is the pay for IT-Java/J2EE programmers in Canada in areas like Vancouver/Toronto. (other places seem to be lot colder or smaller IT markets).

4) I tried to make my wife to do Masters and get OPT, H1, but (details censored), did not work out.

I have worked in IT field for 11 years and I still get the same satisfaction which I got running my first C program.

5) Given that CIR possibility is getting hopeless and next election is tooo far away even to have a hope, is it a good decision to move to Canada now?

6) Can I keep my Priority date if I ever want to come back and start the GC process again ? Hopefully on EB1 ?

7) At the end, given the high taxes in Canada and low pay rates, I am hoping that me and my wife together would be able to make at least as much as we make me working alone here????

My energies have almost dwindles tacking immigration aspects. The other day, we had a site visit at our client place for my colleague who is on H1 and he got fired in next few hours as the management felt little awkward about the process. This event has triggered me to think again about Canada.
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Posted in I-485 Forum on 25 Aug 2013
Topic: Auto revalidation - Canada Landing for PR @ Vancouver

I am on H1B in USA, working on Employer, Vendor, Client model and went to Canada with my wife and daughter for doing landing formalities to get the Canadian PR and came back to USA on auto revalidation. I have H1B work permit and my visa stamping is expired and also an approve I-140. I have read about AVR several trackitt forums, so this post may not add anything more than what other posts other than sharing my latest experience.

Landing in Canada:

1) Went by air from dallas to Vancouver and the officer asked few basic questions about marriage, etc individually to me and my wife and took my friend's address and congratulated us on getting PR. As I told that I will be moving sometime in next year and not immediately, she did not take the list of goods documents and didn't seem like interested in it. We went to airport next day and spoke to another CBP officer and explained that the other officer didn't take the goods document and he said that the document list has to be more detailed including detailed IDs and description of gold etc., overall, when I asked if I would have to pay the import duty when I eventually bring the goods to canada, he said it should be fine to fill the declaration document and list of goods document at that time.

2) AVR Rule: When we took flight from Dallas to Vancouver, US Airways staff checked our Canadian visas to board. So, I was little worried if the airways staff would stop us boarding the flight back to US as our visas have expired. But, having a valid work permit (i797 approved, unexpired) was sufficient. We had customs check at Vancouver and the officer asked if I had Green cards, for which I told that I have expired US visas with work permit. He proceeded to ask few questions about AVR : Have you visited any other country other than Canada in last 30 days ? (no). And then he said we are good to get into USA. He was so good that he explained that it is permitted only if we are travelling back from Canada/Mexico and explained us that we need visas if it was any other country in our situation. (nothing surprising, but the officer was great).

The supporting documents, which I thought may be useful to carry and luckily didn't have to use

1) proof of funds for Canada

to get back to US:

2) Client letter/employment letter for H1B
3) Payslips
4) My on going second master's degree enrollment certificate

We stayed for a day in Vancouver and looked around, used skytrains, canada line, public buses and felt that the city is a cool place. Almost everyone we met in Canada was more than friendly.
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Posted in I-485 Forum on 01 Feb 2013
Topic: Visa stamping in US

only 14 more required. Yo rock Peacemaker.
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Posted in I-485 Forum on 31 Jan 2013
Topic: Visa stamping in US

Good job peacemaker. Keep going and others, please sign.
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Posted in I-765 (EAD) Forum on 24 Jan 2013
Topic: EAD for H4 Visa Holders

In this link
http://www.reginfo.gov/public/do/eAgendaViewRul...

I clicked public review comments add my comments and apparently the period to post comments is over. This is the status I found out there:

http://www.regulations.gov/#!documentDetail;D=R...

Status: Posted
Received Date: January 08 2013, at 09:44 AM Eastern Standard Time
Date Posted: January 08 2013, at 12:00 AM Eastern Standard Time
Federal Register Number: 2012-31480
Comment Start Date: January 08 2013, at 12:00 AM Eastern Standard Time


(DHS--USCIS

52. Employment Authorization for Certain H-4 Dependent Spouses

Priority: Other Significant.
Legal Authority: INA sec 214(a)(1) 8 U.S.C. 1184(a)(1); INA
274A(h)(3) 8 U.S.C. 1324a(h)(3); 8 CFR 274a.12(c); sec 104(c) of Pub.
L. 106-313; sec 106(a) of Pub. L. 106-313; * * *
CFR Citation: 8 CFR 274a.12(c).
Legal Deadline: None.)
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