vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
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raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
priderock
03-26 02:25 PM
Interesting that no one earns less than $75 K. A slap in the face for Lou(sy) Dobbs (Jack A$$)who always refers us as CHEAP labour.
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marinab
05-24 09:50 AM
Hi,Kirupa,thanks for replying.I figured it out:page itself was loading into the Frame,all I had to do set Frame width to auto.
Thanks anyway.
Thanks anyway.
more...
sayonara
12-13 12:14 PM
Guys, I guess almost everybody is done with their finger printing by now.
I think there is a significant chunk of the crowd (mostly NSC-CSC-NSC and other transfer cases) who havent got FP notices yet...so if nothing else...feel glad that you are ahead of us in the GC game...LOL
I think there is a significant chunk of the crowd (mostly NSC-CSC-NSC and other transfer cases) who havent got FP notices yet...so if nothing else...feel glad that you are ahead of us in the GC game...LOL
LONGGCQUE
12-21 10:58 AM
goel_ar, Please join in the 485 filing initiative core group. Send a PM to snathan or nmdial. We have a couple of action items and can add this one too, a bigger pool of like minded people can collaborate together for common cause. Up to you to decide.
more...
abracadabra
07-06 11:21 AM
Anne E. Kornblut, Washington Post National Political Reporter. Just a try to get some attention in media
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tb2904
03-26 08:43 PM
Not sure if an "independent" consultant on H1B can make more than 250K. Considering he is working 2080 hours in a year. He has to get $120/hour for himself + his employer cut. In 2000, you could have demanded those rates....but, now days I doubt.
Consultant - Travelling job
Consultant - Travelling job
more...
k3GC
07-28 07:51 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
The folks who will be getting their GC's in the next 2 months can show the way - Along with posting the happy news that you got your GC and of course posting your RD and ND and PD and the fact whether you had AC21 or EAD or whatever :), will it be too much to give something back to the community that helped you all the way?
I think this would be a noble gesture in support of this organization that has supported the cause of lots and lots of employment based immigrants.
"A Small contribution from you, A Giant Win for IV"
The folks who will be getting their GC's in the next 2 months can show the way - Along with posting the happy news that you got your GC and of course posting your RD and ND and PD and the fact whether you had AC21 or EAD or whatever :), will it be too much to give something back to the community that helped you all the way?
I think this would be a noble gesture in support of this organization that has supported the cause of lots and lots of employment based immigrants.
"A Small contribution from you, A Giant Win for IV"
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student79
03-27 11:00 AM
Thanks so much bajjuri77.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
One more question, If I need to add my parents also as a sponsor for the fee/expense for my wife, but they are in India how do I show there bank statement as that will be in Indian Rupees and what documents they I need to get from them to show to INS at the time of status change from H4 to F1.
more...
samrat_bhargava_vihari
02-12 09:43 AM
http://immigrationportal.com/showthread.php?p=1607056#post1607056
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globaldesi
05-19 12:04 PM
Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?
more...
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gandalf1234
02-10 02:21 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
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
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greencardvow
07-26 01:46 PM
Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
more...
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maheshf
02-20 09:00 PM
bump
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abhi2001
02-24 04:06 PM
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
more...
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looivy
10-11 06:12 PM
Can IV help expedite I-140 processing? It would benefit a lot of folks who have EAD but do not have I-140 approved yet?
Thanks.
Thanks.
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karanp25
06-13 10:10 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.
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rockstart
07-02 03:17 PM
Have you seen any 2008 case getting approved before 2007.
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
nobody
04-28 06:54 AM
cybergold :beam:
amalshe
09-01 03:34 PM
Hi everyone,
I just thought of sharing this update on my case for the benefit all those whose apps were received by J Barrett at NSC.
My checks got cashed last night. The details are below:
Received by J Barrett at 10:25 AM at NSC
Case was transferred to CSC and back of our checks show receipt #s as WACXXX
I had an LUD on my approved I-140 on 7/28/07
My I-140 was approved from TSC in May 2006
My PD is Jan 2006; EB2-India
Hope this helps.
Good Luck to you all.
I just thought of sharing this update on my case for the benefit all those whose apps were received by J Barrett at NSC.
My checks got cashed last night. The details are below:
Received by J Barrett at 10:25 AM at NSC
Case was transferred to CSC and back of our checks show receipt #s as WACXXX
I had an LUD on my approved I-140 on 7/28/07
My I-140 was approved from TSC in May 2006
My PD is Jan 2006; EB2-India
Hope this helps.
Good Luck to you all.
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