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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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msp1976
03-09 05:01 PM
Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!


Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..

ROW is rest of world....All countries except India/China

The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
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alterego
11-01 07:30 PM
Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!

Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
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wandmaker
10-30 07:26 AM
thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India..

Yes, You can get your H4 stamped.

My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.

Thank you..

Yes, You can get your H4 stamped.
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tabletpc
08-27 11:46 AM
I was under a foolish assumption that with pendidng PR for canada i can't appy for visitors visa. Good that i decided to clarify here.

Will start working towards it....

Thank U ALL....
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caond
05-07 10:32 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

� 62.42 Transfer of program .

62.42(a)
(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.

62.42(b)
(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 DS-2019; and

(3) Secure the written release of the current sponsor.

62.42(c)
(c) Upon return of the completed Form DS-2019, 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 DS-2019; and

(2) A notification copy of such form to the Department of State.
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logiclife
06-04 01:10 PM
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:

That text is last years text that was initially put in place as a place-holder BEFORE the grand compromise was reached.

After the grand compromise was reached, the text of the grand compromise replaced the entire text of last year's bill (that has SKIL) was the next text.

Amendment # 1150 (S.A. 1150) Sponsored by Sen. Kennedy is a 400 page amendment that replaces the entire text that was intially in the bill with the new text. Its a "Substitute" amendment.

Read the S. A. 1150 text. Its also on IV homepage as PDF.
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anemmani
01-04 10:11 AM
H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)

Nag
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jthomas
06-03 11:13 AM
Hi Surpreet,

Did you explore more on ARRA? Is it OK to take that benifit during AOS?

Thanks

I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.

I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.

J Thoams
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pappu
07-30 10:25 AM
Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.

I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.

If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.

I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.

USCIS leaders too have meetings where organizations can take part. But one has to go to DC and take part in them during office hours. IV has met with their leadership a few times for our admin fixes.

Other avenue to meet USCIS is via their state offices. I had passed this information to state chapter leaders many months ago so that they start building relationship with the office in each state assigned the task of interfacing with community groups like IV in each state. I know MI chapter had reported that they established contact but do not know if they pursued it further and if other chapters too succeeded in making progress.

These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.
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gopi246
03-20 12:29 PM
Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.
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pappu
06-04 01:15 PM
IV presents, live update directlly from the Senate 'floor'. You can see how Senators debate, take positions on the various ammendments lying on the 'table' and gathering dust since last week.

It will truely be an experience, not to be missed.

Join us at:
http://immigrationvoice.org/forum/showthread.php?p=75738#post75738

:D
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mlkedave
03-07 08:05 AM
o, i didn't realize the order, i feel pretty stupid...
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sac-r-ten
02-26 10:20 AM
Sorry to hear that.

Plan B can be joining school again on F1 to do Masters.
Just my 2 cents.
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Bpositive
08-13 12:16 PM
Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....
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zCool
05-21 03:33 PM
There no hard and fast rule.. so long as you can prove the intent to work permanantly.. some will say 6 months .. some will say 1 yr.
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morchu
04-27 05:18 PM
No. Applying for new H1-visa-stamp at a consulate, invalidates your existing H1-visa-stamp.
If the new visa is not granted or somehow one goes into 221(g)
waiting for some check, what happens then? Can you still come back on current visa?

Thanks.
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Munshi75
11-24 08:27 AM
I was on OPT for certain amount of time. But my H1B was approved during my 6th month of OPT . So unless there is any mention of future starting date on your H1B approval notice, you stand to loose the OPT and will be on H1B the moment you receive your receipt number. The REF does not matter at all as you have the receipt number and if you feel confident to deal with your reference.

Hope I did not confuse you further.
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sk2006
08-19 01:09 PM
I did reply same questions from many people before.
Give me green.

See the linkhttp://immigrationvoice.org/forum/showthread.php?p=271903#post271903

About ADIT:
ADIT=Alien Documentation Identification & Telecommunication Systems.
Could mean biometrics not up to date or just stamp in passport.
Either way they will tell you what they want.

ADIT (I-551) stamping

�
Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.

�
Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.

Thanks Dealsnet.
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help43
09-12 05:09 PM
Can any body tell me

How much is the fee for H1-B Amendment + Premium Processing?


EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS


Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.



This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.

Related link:http://www.infinitilaw.com/h1bnews.html

Please explain me what is this about? I am totally Confused..... Is it something related to my case....

My OPT is going to expire on DEC 29TH 2008.
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ArkBird
07-29 02:16 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

Any advice highly appreciated. thanks!


What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
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