tonyHK12
11-25 12:10 PM
Why should he?
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
I feel MC was being sarcastic as usual.
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
I feel MC was being sarcastic as usual.
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
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akkakarla
09-01 04:12 PM
Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
snathan
09-20 02:09 PM
Do not lose your hope on all these distraction...be optimistic and let the call campagin go on for the H.R 5882. Please call the comitty chair and ask for the mark up session. I have done that....did you?:D:D:D
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micofrost
07-18 06:25 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
more...
bestin
06-18 08:49 PM
Hi
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
dpp
06-04 02:10 PM
but in this case the H1b stamp on my passport is still valid and not expired.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.
port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....
There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.
Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.
There will be no issue. As a precaution, carry all original old approval notices also.
They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.
Good luck.
more...
helpful_leo
02-03 06:42 PM
spgtopper:
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
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reddymjm
02-10 04:05 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
more...
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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Roger Binny
07-17 01:36 AM
Uff..dude your thread raised lot of curiosity.
Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.
Wish you good luck and i hope in few months we will get a better USCIS website.
Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.
Wish you good luck and i hope in few months we will get a better USCIS website.
more...
SSSarkar
06-23 10:47 AM
I wanted to tell that only last year's tax return was needed. Nothing else.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
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learning01
04-10 05:19 PM
The email address you refer to could be above or below, based on how users set their preferences to threads (if logged in) - Newest first or Oldest first. Just a note to readers.
Thanks
Thanks
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immigration_law
08-24 07:08 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
Hi Yingli,
I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.
The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.
~Justin Fok
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
Hi Yingli,
I am sorry you have been stuck in the FBI name check for three long years. The fact that you have a motion to dismiss filed against you is not your lawyers fault. This is the standard operating procedure for all US Attorneys across the country.
The most important thing right now is that your attorney respond to the motion and get it denied. Once this is accomplished, your attorney can shift to offense and win the case for you.
~Justin Fok
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sodh
02-15 11:39 PM
This is refreshing for once nobody asked if the person asking question is a paying member.
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drirshad
11-12 12:11 PM
What if you have used AC-21 before getting GC ......
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
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thatwillbeit
05-27 12:26 PM
I have the same inference as above .....
Can some please confirm this
Thanks
Can some please confirm this
Thanks
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desi3933
05-20 06:00 AM
Guys,
I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.
I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.
Thanks
What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.
It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.
Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.
___________________
Not a legal advice.
I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.
I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.
Thanks
What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.
It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.
Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.
___________________
Not a legal advice.
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kumar1
02-06 03:04 PM
Enjoy the post of manager and request your company to demote you to a developer once GC comes through.
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aachoo
02-23 12:45 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
-a
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
probe
08-08 08:58 AM
Thanks gc_kaavaali for the information. Do we have a official document that one can produce and convince emplyer ?
Thanks again
Thanks again
map_boiler
05-15 09:19 AM
Good job Learning01, Shrey!
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