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  • raysaikat
    01-10 10:08 AM
    No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.

    D

    That probably was unnecessary and may triggered the additional check due to export control of high end researches.





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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris





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  • kumarc123
    05-11 09:50 AM
    I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.

    Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.

    I agree with you 100% over there, I am up for a lawsuit and a rally. Problem is, so many of the members here are all talk and no walk (Not IV Core members, no disrespect to them). I have sent so many letters,made soo many calls, specially at the time when Lofgreen was talking about recapture of visa numbers. In the end I got frusturated.

    Illegals are better than us, imagine if EAD had not happened? A lot of members would be united to fight the cause.

    Unification is very important. Above all doing something big rather than just talking about it!





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  • immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D



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  • Refugee_New
    01-26 07:56 PM
    Folks,
    I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.

    If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?

    What so you folks think? Thanks.


    You are right. When the dates are U, processing dates become Current and vice versa.





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  • nogc_noproblem
    04-24 09:48 AM
    Live webcast can be viewed during the hearing

    http://judiciary.house.gov/schedule.aspx

    Check Box for "Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law" to be selected to see the appropriate schedule.



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  • immigrationbond007
    07-04 06:26 PM
    Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)

    I am from Bosnia, so yes I guess it's ROW (rest of the world).
    I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
    I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.





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  • mayhemt
    07-03 02:18 AM
    Here's an idea that came up in my head:

    There's no use working 'towards' EB wait period issues, there will always be thorns in the roses.. Lets work 'against' EB advantages (superficially) - well this could be in parallel to 'towards' part.

    Here's the agenda, that administration/congress would need to implement in law :

    "Restrict/Prohibit all non-immigrant class workers (H1, L1 etc) from investing, be it 401k, IRAs, Regular stock investing, Real Estate investing, Forex etc"


    (Before you all start bashing this, let me put down some pros & cons)...

    Pros:
    1. People (with immigrant intent) will not be in limbo. if you want to move back after living 5-6 yrs in US, there's nothing to pay penalty on. Today there's an early withdrawal penalty on 401K, IRA.
    Like many of us - who applied for 140/485 waiting endlessly for the magic card.... investing our dear hard earned money in 401ks & other investment vehicles - only to see them lose value or worse stuck in that vehicle (Of course there's another school of thought that says if I invested 10k in 401k, & net value is now 20k & even if I withdraw it paying penalty, I will be in green..but i guess this demographic will be significantly small). My colleagues & I too procrastinated about moving back to India - but since we still have to recover our 401k/IRA losses we have been pushing the magic year a little further - but thats just me.

    2. Markets/Businesses will realize the sudden disappearance of funds coming into market because of this new law & Market forces might lobby towards faster Immigrant status changes - remember this law is only for non-immigrants, Permanent residents would have no restrictions on investments.

    3. We (IV community) need not work diligently on this issue. We might just have to create some numbers on folks who made good amount of money in speculating oil/natural gas/gold and driving these prices like crazy OR who have been sending profits on investments to their home country. If we at least get this ball roll, anti-immigrants like numbersusa will pick up this agenda & work 'with' us..

    4. Home country flourishes.. 401k has an annual limit of 15.5k $ for 2008, 16.5K $ for 2009). Assuming 250K non-immigrants (H1s, L1s) restricted to invest, yearly 3Billion USD just disappears from markets & at least a small percentage would find its way to home country. This is just 401K. If we add IRAs and regular trading accounts, Real Estate.... Wall Street would crap in their pants - they need our money to drive their Ferraris, Lambos you know!! If Wall Street says something, Capitol Hill HAS to listen.


    Cons:
    1. H1s L1s wont be able to reap profits in investments. Hey at least you wont be losing your money. This is like a pseudo protection of your money if you have H1, L1 cards. Who knows? This might create huge demand for people wanting to convert from EB2/EB3 to H1 :)


    If you all see any other sides of this story, you know where to find that 'reply' button.

    Disclaimer: I am not looking to crash markets - just trying to leverage our situation with that of markets, with anti-immigrant groups' position as catalyst.



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  • mugwump
    11-25 12:48 PM
    that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.

    You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

    And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.





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  • mrdelhiite
    07-24 03:23 PM
    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M



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  • sixburgh
    06-28 05:50 PM
    Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.

    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.





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  • alkg
    09-23 04:10 PM
    will there be any movement in the dates for the NovVisa Bulletin for the fiscal year 2009?



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  • continuedProgress
    05-13 10:58 PM
    This is something I've been wondering for a while reg. EB3->EB2 process.
    After PERM and 140 approval (making sure past approved 140/PD are indicated) - do I need to file a fresh 485?
    Thanks for any responses!





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  • Gravitation
    12-19 12:32 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.



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  • srisra
    07-13 09:25 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees





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  • willy007
    10-19 02:26 PM
    You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.

    I hope this helps and good luck on your greencard chase.

    So it seems that there is no official form to file to notify USCIS that the lawyer doesn't represent me anymore right?

    My AOS is processed in Nebraska Processing Center. Is that where I should send in my notification? Thanks.



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  • CCC
    04-10 01:09 PM
    I guess Berkeleybee was talking about me....I posted a few theories in another thread regarding PACE act.

    I certainly understand the IV has done a lot and am very excited about what you have achieved. Not sure how you view it, but I think posting my view in the forum is also a form of support. It may not be as much as you wanted, but nevertheless it by no mean is saying what you did was wrong, it's just some thing I thought about and I thought it might be worth to bring up. But If this bothers you then I have no problem to shut up.

    Not sure why IV chose to lock up live update threading to member only though. Growing number of members is definitely good, but I am not sure about forcing people to register to read. People participant when there is a passion in it, forcing they into it more or less drive the passion away.

    Just my 2 cents.
    I agree with you atlfp. I have been a member for a few weeks now but i have been reading the threads in IV for a long time. I have contributed 600$ along the way because i believe in what IV is trying to acheive. Not being a member did not stop me from contributing to IV and i signed up because i wanted to read the live updates. I don't think there is anything wrong with doing that either. I think posting suggestions/thoughts/ideas are excellent and atlfp you should not stop doing so.

    To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.

    Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).

    Keep up the good work Core Team.. Adios





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  • black_logs
    06-09 10:22 AM
    Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.





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  • gc4me
    04-23 10:18 AM
    this statement is not true. USCIS does not send I-140 approval to alien as it belongs to employer.
    u will get a copy of the approval notice directly from USCIS though.





    bibs
    05-09 06:09 PM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.





    katrina
    01-04 03:34 PM
    koppula09 please read the statement from below link.

    http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html

    Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:

    get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.

    remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
    so act quickly to find out how to get out from this problem before too late.

    Good luck. :o



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