ken
04-08 04:29 PM
bump ^^^^
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NKR
02-18 11:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
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humdesi
11-06 10:27 AM
Do you know why this rule was changed?
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
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mirage
03-14 09:54 AM
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
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santb1975
02-14 04:36 PM
This is awesome. I wish I went to Medical school like most of my cousins..too late now
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franklin
07-10 12:10 AM
May the government discriminate against non-citizens in matters not related to their admissions to the United States?
Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.
Which law would we be breaking by sending flowers?
Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.
Which law would we be breaking by sending flowers?
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Enebreus
02-09 03:11 PM
^^^ :eyeup:. Did you really actively go out and seek votes?
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).
But it's nice to see you have such a high opinion of me :P
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samcam
05-19 01:42 PM
Welcome to our newest member, NBA
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caydee
06-15 02:16 PM
Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
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10dulkar
02-28 07:18 AM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
what is your PD, catagory and country please?
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
what is your PD, catagory and country please?
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wandmaker
08-18 10:54 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
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ItIsNotFunny
09-22 03:18 PM
44 Red dots for requesting people to call :mad:
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desi485
07-27 06:22 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
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eb3_nepa
03-17 12:07 PM
bkam, just out of personal curiosity, what is ur plan B. Just for my personal Info.
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chaanakya
04-04 10:53 AM
Hi, Congratulations :) When our son was born, we were in a similar predicament. We had to travel to India after about 60 days. This was the sequence of events..we got the birth certificate after 10 days, SSN after about 25 days. Applied for passport, paid extra for expedited service and got it in less than a week. Went to the indian embassy and person, explained the situation and the got the visa in about 2 days..
Afterwards i found out that the PIO involves less paperwork :) but i dont know how long that will take ...
Afterwards i found out that the PIO involves less paperwork :) but i dont know how long that will take ...
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vxg
03-17 04:52 PM
Insurance did not pay for mine and my wife however my employer reimbursed me.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
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p_aluri
08-03 06:51 PM
I would say second one is correct...
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
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Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
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gcnirvana
06-21 12:58 PM
You can try other CBP but the best option is to go out of USA (maybe to mexico) and come back with a new I94 valid till Oct 2008. Don't forget to handover both the I-94s (one in pp and 797) while you go out. HTH!
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
India76
07-16 09:30 PM
guys....please answer...
like many of you i am waiting to file my I-485. My attorney didn't file mine once news was out on july 2nd. and now i am going to india on 19th July as my mother is in serious condition and coming back on 3rd august.
If DHS/USCIS announce that we can file AOS in july, what are my options? can my attorney file my papers when i am in india?
like many of you i am waiting to file my I-485. My attorney didn't file mine once news was out on july 2nd. and now i am going to india on 19th July as my mother is in serious condition and coming back on 3rd august.
If DHS/USCIS announce that we can file AOS in july, what are my options? can my attorney file my papers when i am in india?