updsoft
09-23 10:31 PM
thank you very much !
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WeShallOvercome
08-22 04:43 PM
It is a case to sign in native language...
Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...
Enjoy
Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...
Enjoy
wandmaker
02-25 04:08 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
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GCVivek
04-20 02:42 PM
Let her come on her own (H1/B2) to the US and then you can apply for spousal visa to extend her stay.
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
more...
SK2007
03-27 02:27 PM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
nlssubbu
03-22 01:34 PM
Thanks guys for reading such a big article and taking time to know against whom we are really fighting for. I hope every one read this article and know the people behind the scene, their intentions, the power and clout they have.
This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.
I only hope all members of IV stand united to achieve success.
Good luck and all the best,
nlssubbu
This may help all of us to be united to fight against such powers leaving all our diferences for a good cause, which is a herculian task.
I only hope all members of IV stand united to achieve success.
Good luck and all the best,
nlssubbu
more...
deba
06-12 04:39 PM
Whoever you choose, please do not go to Keshab Raj Seadie. His office is at 146 West 29th Street, NY. Phone: (212) 571-6002. Aptly named website: greencardmaker.com should be renamed greencardsucker.com
He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.
He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.
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mzk
04-07 11:34 AM
EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.
more...
fide_champ
03-21 05:47 PM
I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
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90210
03-28 05:41 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
more...
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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ruchi555
03-02 01:40 AM
Hi Gurus,
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
more...
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lskreddy
07-01 10:48 AM
Yes & Yes
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pappu
12-17 06:04 PM
core members:
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
BTW pls update your account information. You are from NJ and we had a hard time contacting NJ members for this event.
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
BTW pls update your account information. You are from NJ and we had a hard time contacting NJ members for this event.
more...
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pappu
07-30 11:23 AM
July 29, 2010
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
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kvrr
06-12 04:52 PM
Stay away from Harvey Shapiro law firm in NJ/NY. Very irresponsible.
more...
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nath.exists
11-02 11:26 AM
Hi Tharu,
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.
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Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
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LookingForGC
06-29 05:20 PM
The question looks good to me, i am also looking for the answer. Hope someone will give right answer for this.
gc_bulgaria
09-26 01:29 PM
Questions: :confused:
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
krish2005
05-14 06:03 PM
Not sure if this is the section to post this.
I am listing a few things that rake up my mind whenever I think of my prolonged (for me its prolonged though) stay in US. Dragging my feet over decisions to go back or not.
My posting is entirely my view. I would not be willing to trample on other's feelings. Just sharing a few things.
Cons
------
1) Leave everything behind as such in our native place and start everything afresh here. Looks cool for a start. But end up in a remote place with few people and no friends. Life starts to suck when you move on for some months in the remote place. Some like it most don't.
2) Trying to look back on what we missed being with family and friends, those good old days. Sitting on a wall/bench and chatting about daily happenings/cricket etc
3) Going back after some time to be bewildered on what happened to those buildings that were there. Before you digest all those, your vacation is gone. Poof
4) Most Importanty, live with fear on what will happen to those near and dear who have been wishing us good luck and health. Just imagining that fact that when you visit back next time, they might not be there, gives me sleepless nights. This is true even when you are back in your native place but at least you have a solace in seeing them whenever you require and help them in their times of need physically. Nothing is like what you do rather than telling others to do.
5) Missing all those religious events, happenings, special occasions.
Pros
-----
1) Live own life without any bindings (we can give umpteen excuses on how we are forced to live but its still our life)
2) Money factor
3) Move away from petty politics
4) Your own car.
5) Wifeys like it here as it moves them from home politics and they drive the home here.
These are my thoughts. Just sharing with a few who might care.
I am listing a few things that rake up my mind whenever I think of my prolonged (for me its prolonged though) stay in US. Dragging my feet over decisions to go back or not.
My posting is entirely my view. I would not be willing to trample on other's feelings. Just sharing a few things.
Cons
------
1) Leave everything behind as such in our native place and start everything afresh here. Looks cool for a start. But end up in a remote place with few people and no friends. Life starts to suck when you move on for some months in the remote place. Some like it most don't.
2) Trying to look back on what we missed being with family and friends, those good old days. Sitting on a wall/bench and chatting about daily happenings/cricket etc
3) Going back after some time to be bewildered on what happened to those buildings that were there. Before you digest all those, your vacation is gone. Poof
4) Most Importanty, live with fear on what will happen to those near and dear who have been wishing us good luck and health. Just imagining that fact that when you visit back next time, they might not be there, gives me sleepless nights. This is true even when you are back in your native place but at least you have a solace in seeing them whenever you require and help them in their times of need physically. Nothing is like what you do rather than telling others to do.
5) Missing all those religious events, happenings, special occasions.
Pros
-----
1) Live own life without any bindings (we can give umpteen excuses on how we are forced to live but its still our life)
2) Money factor
3) Move away from petty politics
4) Your own car.
5) Wifeys like it here as it moves them from home politics and they drive the home here.
These are my thoughts. Just sharing with a few who might care.
