helpful_leo
02-03 12:31 AM
The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
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getta05
03-27 05:38 PM
i have not applied for a GC as yet.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
sintax321
11-18 02:56 AM
Losts just had more to it. Very nice focal point with hte flower. Both are good though:)
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Jyothi
01-25 09:57 AM
I support this.. Please draft the letter
more...
no_more_anger
12-21 07:10 PM
I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
It's because of retrogression. Example....
Case 1:
John applied in EB3 in 2002, had his labor/140 cleared.
John changed companies in 2005, now was eligible for EB2. Used older priority date.
Now John has 2002 PD in EB2.
Case 2:
BEC labors coming through.
Case 3:
Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)
Whether to choose EB-2 or EB-3 is hard.
Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
now I think it's a fair game between the 2 categories (IMHO).
If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
whatever earlier 140 you had.
I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
apply for a fresh labor for EB3 :-)
harrydr
01-26 07:10 AM
So does this mean that the dates haven't moved a bit for the month of March or we should wait until the 10th of february to get the visa bulletin for March??
more...
newbie2020
11-26 05:15 PM
BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
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rockstart
08-12 01:35 PM
There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.
Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details
Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details
more...
rameshk75
08-15 09:37 AM
Thanks for your replies.
What will happen to the 140? Do they need to file for any amendment?
What will happen to the 140? Do they need to file for any amendment?
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veritas1
10-16 01:56 PM
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
If your I94 has now expired, Company A�s petition would have to be approved first in order for you to safely port to Company B.
INA 214(n) says you need to file a �nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General.� Conservatively, this means prior to the expiration of your I94. The 240 day rule only gives work authorization, not status.
If you start working for Company B upon the filing of their petition while Company A�s petition is pending, Company B�s petition may get approved for consular processing (with a gap in nonimmigrant status from the I94 expiration until the date of adjudication) if Company A�s petition is withdrawn or denied at any time until the adjudication of Company B�s petition.
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
If your I94 has now expired, Company A�s petition would have to be approved first in order for you to safely port to Company B.
INA 214(n) says you need to file a �nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General.� Conservatively, this means prior to the expiration of your I94. The 240 day rule only gives work authorization, not status.
If you start working for Company B upon the filing of their petition while Company A�s petition is pending, Company B�s petition may get approved for consular processing (with a gap in nonimmigrant status from the I94 expiration until the date of adjudication) if Company A�s petition is withdrawn or denied at any time until the adjudication of Company B�s petition.
more...
yogeshmanohar
07-19 10:55 AM
We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
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desi3933
03-09 11:58 AM
She is a derivative on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?
Nothing is needed from employee.
Employer needs to notify USCIS about termination.
______________________
Not a legal advice.
US citizen of Indian origin
Nothing is needed from employee.
Employer needs to notify USCIS about termination.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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psk79
09-06 10:33 AM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
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WillIBLucky
06-19 02:09 PM
Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
The usual thumb rule for USCIS is 6 months in advance for any renewal or extensions.
The usual thumb rule for USCIS is 6 months in advance for any renewal or extensions.
more...
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maverick_joe
05-23 12:31 PM
go through the AR 11 form online and after you complete the same you would see options to put in your receipt numbers , do the same for yourself and your secondary
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
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suny_saini
07-22 06:14 AM
hello friends
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
more...
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indianindian2006
08-28 01:53 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
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arsh007
02-14 04:10 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
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arihant
06-14 01:10 PM
Yes, you can keep EAD and H1 at same time..
As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.
Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.
As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.
Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.
bijualex29
07-31 05:57 PM
2nd July, Nebraska
immi_twinges
07-09 07:42 AM
Lets forward this link to DOL ??? How do we do that? Anyone?????????
http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x
the link is too big
so, go to http://contact-us.state.gov/
and find the option where u can email them.
:o
http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x
the link is too big
so, go to http://contact-us.state.gov/
and find the option where u can email them.
:o
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