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sobers
02-09 08:58 AM
Discussion about challenges in America�s immigration policies tends to focus on the millions of illegal immigrants. But the more pressing immigration problem facing the US today, writes Intel chairman Craig Barrett, is the dearth of high-skilled immigrants required to keep the US economy competitive. Due to tighter visa policies and a growth in opportunities elsewhere in the world, foreign students majoring in science and engineering at US universities are no longer staying to work after graduation in the large numbers that they once did. With the poor quality of science and math education at the primary and secondary levels in the US, the country cannot afford to lose any highly-skilled immigrants, particularly in key, technology-related disciplines. Along with across-the-board improvements in education, the US needs to find a way to attract enough new workers so that companies like Intel do not have to set up shop elsewhere.
----------------------------------
America Should Open Its Doors Wide to Foreign Talent
Craig Barrett
The Financial Times, 1 February 2006
America is experiencing a profound immigration crisis but it is not about the 11m illegal immigrants currently exciting the press and politicians in Washington. The real crisis is that the US is closing its doors to immigrants with degrees in science, maths and engineering � the �best and brightest� from around the world who flock to the country for its educational and employment opportunities. These foreign-born knowledge workers are critically important to maintaining America�s technological competitiveness.
This is not a new issue; the US has been partially dependent on foreign scientists and engineers to establish and maintain its technological leadership for several decades. After the second world war, an influx of German engineers bolstered our efforts in aviation and space research. During the 1960s and 1970s, a brain drain from western Europe supplemented our own production of talent. In the 1980s and 1990s, our ranks of scientists and engineers were swelled by Asian immigrants who came to study in our universities, then stayed to pursue professional careers.
The US simply does not produce enough home-grown graduates in engineering and the hard sciences to meet our needs. Even during the high-tech revolution of the past two decades, when demand for employees with technical degrees was exploding, the number of students majoring in engineering in the US declined. Currently more than half the graduate students in engineering in the US are foreign born � until now, many of them have stayed on to seek employment. But this trend is changing rapidly.
Because of security concerns and improved education in their own counties, it is increasingly difficult to get foreign students into our universities. Those who do complete their studies in the US are returning home in ever greater numbers because of visa issues or enhanced professional opportunities there. So while Congress debates how to stem the flood of illegal immigrants across our southern border, it is actually our policies on highly skilled immigration that may most negatively affect the American economy.
The US does have a specified process for granting admission or permanent residency to foreign engineers and scientists. The H1-B visa programme sets a cap � currently at 65,000 � on the number of foreigners allowed to enter and work each year. But the programme is oversubscribed because the cap is insufficient to meet the demands of the knowledge-based US economy.
The system does not grant automatic entry to all foreign students who study engineering and science at US universities. I have often said, only half in jest, that we should staple a green card to the diploma of every foreign student who graduates from an advanced technical degree programme here.
At a time when we need more science and technology professionals, it makes no sense to invite foreign students to study at our universities, educate them partially at taxpayer expense and then tell them to go home and take the jobs those talents will create home with them.
The current situation can only be described as a classic example of the law of unintended consequences. We need experienced and talented workers if our economy is to thrive. We have an immigration problem that remains intractable and, in an attempt to appear tough on illegal immigration, we over-control the employment-based legal immigration system. As a consequence, we keep many of the potentially most productive immigrants out of the country. If we had purposefully set out to design a system that would hobble our ability to be competitive, we could hardly do better than what we have today. Certainly in the post 9/11 world, security must always be a foremost concern. But that concern should not prevent us from having access to the highly skilled workers we need.
Meanwhile, when it comes to training a skilled, home-grown workforce, the US is rapidly being left in the dust.
A full half of China�s college graduates earn degrees in engineering, compared with only 5 per cent in the US. Even South Korea, with one-sixth the population of the US, graduates about the same number of engineers as American universities do. Part of this is due to the poor quality of our primary and secondary education, where US students typically fare poorly compared with their international counterparts in maths and science.
In a global, knowledge-based economy, businesses will naturally gravitate to locations with a ready supply of knowledge-based workers. Intel is a US-based company and we are proud of the fact that we have hired almost 10,000 new US employees in the past four years. But the hard economic fact is that if we cannot find or attract the workers we need here, the company � like every other business � will go where the talent is located.
We in the US have only two real choices: we can stand on the sidelines while countries such as India, China, and others dominate the game � and accept the consequent decline in our standard of living. Or we can decide to compete.
Deciding to compete means reforming the appalling state of primary and secondary education, where low expectations have become institutionalised, and urgently expanding science education in colleges and universities � much as we did in the 1950s after the Soviet launch of Sputnik gave our nation a needed wake-up call.
As a member of the National Academies Committee assigned by Congress to investigate this issue and propose solutions, I and the other members recommended that the government create 25,000 undergraduate and 5,000 graduate scholarships, each of $20,000 (�11,300), in technical fields, especially those determined to be in areas of urgent �national need�. Other recommendations included a tax credit for employers who make continuing education available for scientists and engineers, so that our workforce can keep pace with the rapid advance of scientific discovery, and a sustained national commitment to basic research.
But we all realised that even an effective national effort in this area would not produce results quickly enough. That is why deciding to compete also means opening doors wider to foreigners with the kind of technical knowledge our businesses need. At a minimum the US should vastly increase the number of permanent visas for highly educated foreigners, streamline the process for those already working here and allow foreign students in the hard sciences and engineering to move directly to permanent resident status. Any country that wants to remain competitive has to start competing for the best minds in the world. Without that we may be unable to maintain economic leadership in the 21st century.
----------------------------------
America Should Open Its Doors Wide to Foreign Talent
Craig Barrett
The Financial Times, 1 February 2006
America is experiencing a profound immigration crisis but it is not about the 11m illegal immigrants currently exciting the press and politicians in Washington. The real crisis is that the US is closing its doors to immigrants with degrees in science, maths and engineering � the �best and brightest� from around the world who flock to the country for its educational and employment opportunities. These foreign-born knowledge workers are critically important to maintaining America�s technological competitiveness.
This is not a new issue; the US has been partially dependent on foreign scientists and engineers to establish and maintain its technological leadership for several decades. After the second world war, an influx of German engineers bolstered our efforts in aviation and space research. During the 1960s and 1970s, a brain drain from western Europe supplemented our own production of talent. In the 1980s and 1990s, our ranks of scientists and engineers were swelled by Asian immigrants who came to study in our universities, then stayed to pursue professional careers.
The US simply does not produce enough home-grown graduates in engineering and the hard sciences to meet our needs. Even during the high-tech revolution of the past two decades, when demand for employees with technical degrees was exploding, the number of students majoring in engineering in the US declined. Currently more than half the graduate students in engineering in the US are foreign born � until now, many of them have stayed on to seek employment. But this trend is changing rapidly.
Because of security concerns and improved education in their own counties, it is increasingly difficult to get foreign students into our universities. Those who do complete their studies in the US are returning home in ever greater numbers because of visa issues or enhanced professional opportunities there. So while Congress debates how to stem the flood of illegal immigrants across our southern border, it is actually our policies on highly skilled immigration that may most negatively affect the American economy.
The US does have a specified process for granting admission or permanent residency to foreign engineers and scientists. The H1-B visa programme sets a cap � currently at 65,000 � on the number of foreigners allowed to enter and work each year. But the programme is oversubscribed because the cap is insufficient to meet the demands of the knowledge-based US economy.
The system does not grant automatic entry to all foreign students who study engineering and science at US universities. I have often said, only half in jest, that we should staple a green card to the diploma of every foreign student who graduates from an advanced technical degree programme here.
At a time when we need more science and technology professionals, it makes no sense to invite foreign students to study at our universities, educate them partially at taxpayer expense and then tell them to go home and take the jobs those talents will create home with them.
The current situation can only be described as a classic example of the law of unintended consequences. We need experienced and talented workers if our economy is to thrive. We have an immigration problem that remains intractable and, in an attempt to appear tough on illegal immigration, we over-control the employment-based legal immigration system. As a consequence, we keep many of the potentially most productive immigrants out of the country. If we had purposefully set out to design a system that would hobble our ability to be competitive, we could hardly do better than what we have today. Certainly in the post 9/11 world, security must always be a foremost concern. But that concern should not prevent us from having access to the highly skilled workers we need.
Meanwhile, when it comes to training a skilled, home-grown workforce, the US is rapidly being left in the dust.
A full half of China�s college graduates earn degrees in engineering, compared with only 5 per cent in the US. Even South Korea, with one-sixth the population of the US, graduates about the same number of engineers as American universities do. Part of this is due to the poor quality of our primary and secondary education, where US students typically fare poorly compared with their international counterparts in maths and science.
In a global, knowledge-based economy, businesses will naturally gravitate to locations with a ready supply of knowledge-based workers. Intel is a US-based company and we are proud of the fact that we have hired almost 10,000 new US employees in the past four years. But the hard economic fact is that if we cannot find or attract the workers we need here, the company � like every other business � will go where the talent is located.
We in the US have only two real choices: we can stand on the sidelines while countries such as India, China, and others dominate the game � and accept the consequent decline in our standard of living. Or we can decide to compete.
Deciding to compete means reforming the appalling state of primary and secondary education, where low expectations have become institutionalised, and urgently expanding science education in colleges and universities � much as we did in the 1950s after the Soviet launch of Sputnik gave our nation a needed wake-up call.
As a member of the National Academies Committee assigned by Congress to investigate this issue and propose solutions, I and the other members recommended that the government create 25,000 undergraduate and 5,000 graduate scholarships, each of $20,000 (�11,300), in technical fields, especially those determined to be in areas of urgent �national need�. Other recommendations included a tax credit for employers who make continuing education available for scientists and engineers, so that our workforce can keep pace with the rapid advance of scientific discovery, and a sustained national commitment to basic research.
But we all realised that even an effective national effort in this area would not produce results quickly enough. That is why deciding to compete also means opening doors wider to foreigners with the kind of technical knowledge our businesses need. At a minimum the US should vastly increase the number of permanent visas for highly educated foreigners, streamline the process for those already working here and allow foreign students in the hard sciences and engineering to move directly to permanent resident status. Any country that wants to remain competitive has to start competing for the best minds in the world. Without that we may be unable to maintain economic leadership in the 21st century.
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fromnaija
10-05 12:49 PM
On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
This is my strategy. I play my entry in the early weeks and play my wife's entry towards the end.
Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.
This is my strategy. I play my entry in the early weeks and play my wife's entry towards the end.
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.
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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ujjvalkoul
06-30 05:10 PM
IT is a shady practice, if you file for a completely different person, file a new application. How come you can jump the line.?
more...
macml
01-13 02:05 AM
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
delax
08-05 11:36 AM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
more...
ramaonline
11-21 04:15 PM
I am not sure how uscis sent you a query after the h1 was approved. Please take infopass appointment on http://www.infopass.uscis.gov/ and speak to an immig officer about your case
Once you have the h1 approval i797 you should be eligible to start work from the start date on the petition. You also need a new i94 showing h1b status. The new i94 may be attached to the approval notice. You also have the option to work on OPT for some time after completion of your studies.
Once you have the h1 approval i797 you should be eligible to start work from the start date on the petition. You also need a new i94 showing h1b status. The new i94 may be attached to the approval notice. You also have the option to work on OPT for some time after completion of your studies.
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prdgl
02-11 11:08 AM
But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
more...
geesee
04-13 12:18 PM
I recently closed my Simple IRA (small version of 401K) account and requested the checks (they give seperate check for each fund) for myself. Generally there is a 60 days window to move those funds to a new IRA account in order to avoid 10% penalty and taxes. I have setup an IRA account with TDAmeritrade and planning to manage the funds on my own.
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Becks
02-01 09:49 PM
Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.
more...
arnab221
11-21 03:09 PM
The airlines generally take them away and send it to USCIS.
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chtting2me
10-17 05:39 PM
Mine is filed on Junly20, still my checks are not cashed yet.
After some analysis on receipt delay's and talking to some other senior members in this group here is my description.
Because of high volume of 485 applications USCIS deceided to hire some consultants.
USCIS gave some instructions to consultants. If 485 applications are 100% correct they are issuing
receipts. Other wise they are sending to 2nd level of verification.
even some of friends got receipts who applied on Auguest 17th.
The problems i seen in my application are
1) My H1 extension got expired before i send to USCIS. I did not enclosed my approval notice (when i post my application i did not received my approvals)
2) On 485 part 2 instead of choosing option 1 my immigration person selected option others and mentioned in that column becasue of I140 receipt number (SRC xxxxxx) i am eligiable for applying 485
i seens some other cases also who's receipt are delayed the did some other mistakes.
Experts please give me suggesstions because of above mentioned things is any problems to get GC or receipt numbers
After some analysis on receipt delay's and talking to some other senior members in this group here is my description.
Because of high volume of 485 applications USCIS deceided to hire some consultants.
USCIS gave some instructions to consultants. If 485 applications are 100% correct they are issuing
receipts. Other wise they are sending to 2nd level of verification.
even some of friends got receipts who applied on Auguest 17th.
The problems i seen in my application are
1) My H1 extension got expired before i send to USCIS. I did not enclosed my approval notice (when i post my application i did not received my approvals)
2) On 485 part 2 instead of choosing option 1 my immigration person selected option others and mentioned in that column becasue of I140 receipt number (SRC xxxxxx) i am eligiable for applying 485
i seens some other cases also who's receipt are delayed the did some other mistakes.
Experts please give me suggesstions because of above mentioned things is any problems to get GC or receipt numbers
more...
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bmoni
08-21 01:35 PM
Thank you all.
Thanks for bringing up the I-94 validity based on the validity of PP. I will definitely get PP renewed while I'm in India with Takkal scheme.
@bushman06: Did the immigration officer gave you I-94 validity till PP expiry date or Visa expiry date.
Again thanks for all your thoughtful responses. I really appreciate it.
Thanks for bringing up the I-94 validity based on the validity of PP. I will definitely get PP renewed while I'm in India with Takkal scheme.
@bushman06: Did the immigration officer gave you I-94 validity till PP expiry date or Visa expiry date.
Again thanks for all your thoughtful responses. I really appreciate it.
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himu73
07-09 10:46 AM
I will move the thread. But I plead that please keep this thread. We are together for a cause and should not limit ourselves only to immigration. This shows that we also active as a social group.
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
more...
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factoryman
06-19 05:56 PM
go to forum. Click on my name in the user currently online. My profile will come up.
Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.
Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)
Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose
Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.
Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)
Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose
Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
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Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
more...
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CrazyWorld
08-04 05:58 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
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desi3933
06-10 01:26 PM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Three things here -
1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.
2. The employee is not eligible for this fare, if he/she decides to stay in USA.
3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.
_______________________
Not a legal advice.
US citizen of Indian origin
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Three things here -
1. Your employer should have offered you one-way transportation ticket (its not air fare) to last known foreign address at the last day of employment.
2. The employee is not eligible for this fare, if he/she decides to stay in USA.
3. Since your last day on H1 was more than 60 days ago, it can't be termed as reasonable time to depart.
_______________________
Not a legal advice.
US citizen of Indian origin
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fromnaija
09-01 12:29 PM
My FP was done on 9/28/09.
You meant 9/28/2007, right?
Once again congratulations on your approval. Please continue to support this movement.
You meant 9/28/2007, right?
Once again congratulations on your approval. Please continue to support this movement.
desi3933
06-25 04:33 PM
>> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.
Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.
If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.
>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.
I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.
Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.
If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.
>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.
I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
485Question
10-29 03:21 PM
Give a try if they can update it.
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