another_wei
05-05 06:07 PM
Yes, I called many many lawyers I think found one said he seen this forgot OPT before.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
He said exactly as KSRK said as long I apply my H1b BEFORE my school over then should be ok. Good letter explain the situation he said is best. I will send off in the next week and then wait reply for this RFE and update the message board. Hopefully everything will be ok maybe some learning for me.
10 years I been here still no nothing very sad.
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Canadianindian
07-06 11:17 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
smuggymba
03-14 08:28 AM
Yes, some of them do.
And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.
All you need is a team of 2-3 people reporting to you and one project in europe/australia and you'll qualify for EB 1 as per Infy's rules.
And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.
All you need is a team of 2-3 people reporting to you and one project in europe/australia and you'll qualify for EB 1 as per Infy's rules.
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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pappu
10-24 01:41 PM
It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
kondur_007
10-16 04:29 PM
Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
For AC21 I think I will need to match following:
1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.
2. Start date/salary/position title
3. Any Benefits if provided.
Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.
You are welcome.
If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".
Good Luck.
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americandesi
09-09 03:55 PM
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
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jazzyjatt
07-29 10:12 PM
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
On Checking the SC dmv site and it is interesting to note that non-citizens are not allowed to renew their license online. I guess this is the result of illegal immigration reform thing which is now a part of so many states along with SC. And I think they are running background checks against the legal status of any non-citizen folks. My take would be that you should consider meeting the senator and explaining the issue. They can basically expedite the process so that you wont have to wait for a long time.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
On Checking the SC dmv site and it is interesting to note that non-citizens are not allowed to renew their license online. I guess this is the result of illegal immigration reform thing which is now a part of so many states along with SC. And I think they are running background checks against the legal status of any non-citizen folks. My take would be that you should consider meeting the senator and explaining the issue. They can basically expedite the process so that you wont have to wait for a long time.
more...
drirshad
08-10 07:53 PM
Don't miss this ship, get ur medical done in India and file ASAP i m not sure if u go for Consular Processing do u need to here or not. Its only filing 485 u need to be here. Check with ur attorney ....
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sodh
07-12 01:43 PM
Send Tancredo an invite to debate this issue in Miami and see what he has to say.
more...
keepwalking
05-13 10:41 PM
Texas Processing Center shows August 11,2010 for
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
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abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
more...
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Achi Goro
11-17 03:01 PM
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
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absaarkhan
06-02 04:08 PM
I am Confused Too -- Why Are People Sending DL and Passport Copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
In case of E-Filing the EAD ,
1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.
2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.
more...
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panacea
08-04 02:25 AM
what does EAD /AP has to do with this?
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Sandeep
01-23 01:53 PM
To present our case, we need facts. Like for example
-Drop in admissions/applications/exams for US universities
http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3
-Number of people on H1-B buying homes
http://www.census.gov/prod/3/98pubs/cenbr974.pdf
-Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.
-Age Pattern of the Science and Engineering Labor Force
http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "
I am also trying to gather information about the points given below
- Number of H1-Bs becoming US citizens (when given a chance)
_________
- A $$ amount of value addition of H1-Bs to the US economy
_________
- Number of children that are US citizens from H1-B families.
_________
Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
Thanks
Sandeep
-Drop in admissions/applications/exams for US universities
http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3
-Number of people on H1-B buying homes
http://www.census.gov/prod/3/98pubs/cenbr974.pdf
-Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.
-Age Pattern of the Science and Engineering Labor Force
http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "
I am also trying to gather information about the points given below
- Number of H1-Bs becoming US citizens (when given a chance)
_________
- A $$ amount of value addition of H1-Bs to the US economy
_________
- Number of children that are US citizens from H1-B families.
_________
Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
Thanks
Sandeep
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fromnaija
05-19 10:44 AM
You might want to have your transcripts and/or mark sheet evaluated by an approved degree evaluation agency. They will be able to offer a professional opinion as to what your diploma is equivalent to.
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chanduv23
10-05 09:32 AM
People are going to Sikkim these days. Heard it is amazing. You can consider going to places like Andaman or Maledives or Nepal too.
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immigrant2007
08-05 01:37 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
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--Is it a DREAM?
immigrationvoice1
02-10 03:02 PM
This is a good reason to advocate 3 year EAD/AP validity. Wish the letter campaign brings this much needed administrative fix to reality.
transpass
07-22 11:16 PM
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.
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