Monday, June 13, 2011

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  • sweet_jungle
    09-24 01:16 PM
    [QUOTE=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
    1. US-based part-time program
    2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
    3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

    Good Luck!

    -N[/QUOTE

    here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
    I do not want to reset my GC process.
    Anybody getting ready for RI next month?




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  • hoolahoous
    03-18 10:51 AM
    i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.

    So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.

    Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.

    On flip side, if it is mandated, then why most of the employers do not withdraw the application ?




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  • ramus
    06-28 04:42 PM
    I am sorry.. I don't mean to hurt your feelings.. But this is rumer..

    Can you give me link or any other offical source which is saying same thing..
    You could have just put this in rumer thred.. Tell me is this helping one...

    Everybody is so busy and workiing hard on getting paper work done.. Why do we want to put more burden on them? IF this is true then everybody will know it from different sources. And plus even if this is true what can you do? Can you fight against USCIS?








    Hi ramus can you point to the others threads going on this subject?:o I did check other threads to put this info. In fact I don�t want create any new threads. After looking for one that is appropriate, which I did not find, I started this one. The closest one would be the �June 1st filers - receipt � which is a diffrent subject.

    This is not a rumor, this a fact and I thought I should share with all so that every one will chill, take it easy and will not stressout in anticipation of 485 approval.

    thx.




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  • ujjvalkoul
    01-17 06:03 PM
    this is all I found on the EAD Instructions...

    Replacement EAD: If this is your replacement applicationand you are applying under one of the following categories, afiling fee is not required:
    1. (c)(l), (c)(4), or (c)(7) Dependent of certain foreigngovernment, international organization, or NATOpersonnel.
    Form I-765 Instructions (Rev. 07/30/07) Y Page 8
    1. The check or money order must be drawn on a bank orother financial institution located in the United Statesand must be payable in U.S. currency; and
    USCIS will use the Poverty Guidelines published annually bythe Department of Health and Human Services as the basiccriteria in determining the applicant's eligibility wheneconomic necessity is identified as a factor.
    The Poverty Guidelines will be used as a guide, but not as aconclusive standard, in adjudicating fee waiver requests foremployment authorization applications requiring a fee.
    You may be eligible for a fee waiver under 8 CFR 103.7(c).
    Incorrect Card: No fee is required if you are filing onlybecause the card issued to you was incorrect due to a USCISadministrative error. However, if the error was not caused byUSCIS, both application and biometrics fees are required



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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.




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  • tamil12
    10-15 02:04 PM
    I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.



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  • h1techSlave
    04-27 10:29 PM
    Most points are for joining the US Armed forces . I see where this is going .

    Smart move, wouldn't you say?

    Cheers,
    h1techSlave




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  • meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?



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  • dehradoon
    02-10 04:55 PM
    Hi all,

    I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.

    Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?

    Please advice..I need to make a decision this weekend!!

    Thanks
    San


    Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....




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  • mmrao2007
    07-30 03:14 PM
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
    With the way things are going we never know :)



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  • ch_murthy
    06-08 06:20 PM
    Hi
    I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.

    Thanks

    Mine filed on March 6th and got approved on May 25th.:)




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  • ganguteli
    04-08 06:21 PM
    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.

    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D

    I am happy you did not get any reply. You thought you are some Senator or VIP...
    Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.



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  • singhsa3
    05-18 05:31 PM
    How about getting one own's Phd....
    How long does it takes?




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  • n2b
    07-13 02:04 PM
    SUIT OR NO SUIT, BUT

    The question is, how will this rally look and feel different from illegal immigrant rally?



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  • PD_Dec2002
    07-13 05:40 PM
    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D

    You can add to your own reputation by clicking the "balance" icon.

    Thanks,
    Jayant




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  • somex
    05-19 12:13 PM
    I think reapplying in two days is not a good idea. what makes you think that the consular officers would change their mind in two days? Now a days consulate wary on issuing visas. You need to have good justification (Documentation) before applying second time.


    Hello,

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Thanks,
    Harish Gowda



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  • gst76
    02-19 12:52 PM
    I don't know if it is mandatory rule but it definitely is a strong message from US Embassy in Canada. I registered for my trip to visit Canada in Oct 2006, but eventually backed out after reading this message. I don't know if the same message is still being shown or not.




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  • tmskhan
    05-25 02:18 PM
    thanks dude..

    if you don't mind, can you please answer few questions?

    Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?

    Could you list out documents you carried for stamping?

    Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.




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  • nashim
    09-03 09:01 AM
    Yes, medical forms been changed. Please refer USCIS site for correct form. It is valid for one year but form should be correct.

    Here are the details:

    http://immigration-law.com/
    07/13/2008: USCIS Changes Old Medical Form, I-693, Invalid Date from 07/14/2008 to 08/01/2008
    � Medical form which the USCIS designated civil surgeon is required to use was initially revised on 04/08/2008, followed by the USCIS announcement that any I-693 form version earlier than 04/08/2008 should not be used by the civil surgens from May 1, 2008. In the middle of June, the USCIS released again new version form dated 06/05/2008 and announced that the old version other than 06/05/2008 should not be used effective 07/14/2008. July 14, 2008 is tomorrow. However, without a news release, the USCIS form site extended invalid date of forms earlier than 06/05/2008 to 08/01/2008. Please now note that "Previous editions will be accepted only for medical exams conducted before August 1, 2008. Medical exams conducted on or after August 1, 2008, require use of the 06/05/08 edition," according to the form site instruction.
    � There was a confusion in June 2008 on the validity of older version form I-9 because the USCIS form site instructed that the older version was not acceptable from certain date. In Vancouver, the USCIS authority confirmed that the form instruction was an error and the USCIS form instruction has since been corrected. It will help tremendously if the USCIS releases an announcement that the current I-693 form instruction is indeed correct and the civil surgeons can use the I-693 forms which are older than 06/05/2008 version can still be used. In the meantime, the civil surgeons and the immigrants should check on the date of the medical examination with the I-693 form site to protect themselves from any changes. The form site indicates that the information was updated on June 26, 2008. One wonders whether the civil surgeons may be better off to start using the 06/05/2008 version form from even now just to avoid any confusion in the future. For the new form instruction as of today, please click here.
    � There was a report one time that the USCIS was experiencing a problem in notifying all the USCIS certified civil surgeons on the form changes by email or other means because some civil surgeons did not have email addresses or proper means to receive such notices quickly. When the 2008 Tuberculosis Technical Instructions for Civil Surgeons was implemented by the Center for Disease Control and Prevension of HHS in such a notice on May 1, 2008, it could have been practically impossible for the USCIS to notify such medical form changes timely to every single USCIS certified civil surgeons. Well, doctors, you now have until August 1, 2008 to comply with the new medical form!
    � This change can be important that because of the EB-2 visa number progression for the Chinese and Indians, a large number of these foreign professionals must have already scheduled or even completed a medical examination for themselves and their family members using the older versions. Under the new instruction, these medical report should be valid and filed with the I-485 coming August 2008. However, those who schedule their 485 medical examination on or after August 1, 2008 should make it sure that the doctor uses the new version dated 06/05/2008.




    usirit
    11-21 12:14 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.
    Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....

    I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?

    Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...




    YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.



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