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check_rd

07-10 05:57 PM

I am in the same suitation my wife wants to stay home for few years, currently she is on H1B and we are planning to convert to H4 . Why does one have to wait for a new H1B since she already had a H1B can't she get H1B any time without having to wait for the quota to open ?

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simple1

05-12 12:41 PM

Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
Please comment only in the member and donor threads and Let us keep this for Attorney only.

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cbpds

01-27 02:04 PM

THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked

see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)

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yabadaba

08-14 01:07 PM

you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess

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ivjobs

11-08 09:10 PM

Another group with help of IV, to suck the blood by sponsoring H1s...

Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies

Of course 20% will be real good with clean intentions.

I bet...As i saw so many people in the same manner.

My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS

Well let us assume this group has people in that 20% too..

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indyanguy

01-13 03:54 PM

I looked at my copy of the packet that was sent to USCIS and yes, it appears that the lawyer did include all the EVLs.

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reverendflash

10-21 01:33 AM

You are getting there, but I was thinking South and East (to the right).. :P

here is a link to a great explaination of the "rule of 3rds"

http://www.itecksu.org/courses/DesVisWeb/pages/rulethirds.htm

Rev:elderly:

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ilikekilo

09-18 06:08 PM

green added for you thanks...



any one else got approvals for E file EAD at NSC

any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC

the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited

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Dhundhun

12-10 04:47 AM

IV is doing self-immolation by not removing red/green/grey DOT system. Many IVans are fed-up with this and lost interest in providing feedbacks.

DOT giving system is public domain reputation system, refer to http://www.thestudentroom.co.uk/faq.php?faq=rep.

Used positively, this system is very much useful, but if abused, it creates chaos.

My feeling is that some anti-IVans are screwing IV through creating chaos now and then.

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pappu

06-17 04:11 PM

/\/\/

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leonqiu

06-14 09:06 PM

What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

Status:
PD: May 2006
I-140 approved.
EB-2

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madsat1234

06-08 03:11 PM

Hi Freedom2007,

Can you please let me know your Interview Checklist..what they have asked for...

Thanks

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immi_2006

10-08 06:24 PM

Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?

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hmehta

07-14 10:32 AM

Yes, my PD is Nov. 2005 - from looking at the current situation, it looks like we have nothing to lose if we file it - the worst thing that can happen is that it will be rejected (even before being processed). I am applying!!!:)

My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.

I would ask you guys to consider filing especially if your PD is in 2005 or later.

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Want You Back (Jackson 5);

go_guy123

09-08 03:39 PM

points mentioned in posts 2,3 4 and 5 are 100% correct.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

Friends,
Green card dream is over. Now it's the time to get back to India or other countries.

uma001...you are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
to come.
Had the July 2007 not happened, a whole lot of EB - India cases would have
been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.

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anilsal

10-12 01:04 PM

Don't post for receipts people... IV people don't like it.

IV people will not like new threads on receipts. Use the lengthy "Receipts Thread" to your heart's content.

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mdcowboy

02-11 03:10 PM

Hi Folks,

What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.

Other couriers seems to be $70+ (FedEx, UPS, DHL)..

Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

Need to get docs for an interview for parents on Feb 26th in Chennai...

Thanks in Advance for your reply !!

I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.

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The Jackson Family Thread is

desi_scorpion

08-02 02:39 PM

I have always used fedex....excellent service for most critical documents....I might have shipped 50 times to India......never used anything else.

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krishmunn

05-25 10:49 AM

I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.

Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !

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thomachan72

03-25 02:20 PM

It seems to be only on economy? I couldn't find anything on immigration.

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raysaikat

05-07 09:27 AM

I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]

Who is right? What should I do? :confused:

I appreciate any help !!!

Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":

TITLE 22--FOREIGN RELATIONS

CHAPTER V--UNITED STATES INFORMATION AGENCY

PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents

Subpart C--Status of Exchange Visitors

Sec. 514.42 Transfer of program.

(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.

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