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  • doctor
    01-26 04:10 PM
    Thank you so much for your responses so far, it is a good starting point for us.


    [QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]

    Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
    Thanks





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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris





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  • chanduv23
    03-14 08:44 PM
    This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
    - What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
    - How difficult is it to obtain J1 waivers ?
    - Is the new J1 conrad law beneficial ?
    - Can someone share their success story of converting J1 to another visa, Thanks all

    A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.

    I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.





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  • silk2fire
    10-15 01:51 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(



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  • sobers
    07-26 11:38 AM
    Team IV:

    A number of immigration provisions are being attached to the must pass Iraq Spending Bill. Is it possible to explore attaching the SKIL Bill or atleast one or two temporary relief measures (like I-485 filing)?

    If it requires additional funds, I think members will contribute in no time. What do you say guys? Senators are helping out illegal and low skilled workers, isn't it time to give some relief to LEGAL, HIGH SKILLED workers?


    ===========



    http://www.denverpost.com/nationworld/ci_2663758

    Washington - Senate Democrats and Republicans reached a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate on an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the U.S. on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Sen. Barbara Mikulski, D-Md., that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another, by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farmworker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders,' Chambliss said.

    The White House, Majority Leader Bill Frist, R-Tenn., and other Republicans had pleaded with senators to keep immigration off the spending bill and address the issue later. Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B temporary-visa program, saying "the cat was already out of the bag on immigration.' Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    The House's Iraq spending bill includes the immigration measures that its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. Sensenbrenner withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to reach Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor-vehicle commissioners, some GOP senators and religious groups that say people fleeing persecution would be harmed.





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  • us_gc_aspirant
    09-26 02:04 AM
    I was on L1 since Dec 2001 and left in Aug 2005. Came back on H1 in March 2006; H1 was approved only till Dec 2007 ( 6 yrs from 2001). I did not get a fresh 6 yrs., when I moved from L1 to H1. I believe this is the same case with H4.

    The reason why I am asking is that I saw a Immi. Attorney reply in one of the Silicon valley magazines that L1 is not counted against H1 6 yrs. clock. From my H1 approval I find this to be incorrect interpretation.

    Can anyone share their experience on this.

    Thanks very much.



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  • zilmax007
    04-16 03:47 PM
    USCIS loves to have your money :-)





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  • perm2gc
    01-07 03:17 AM
    FYI:


    http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
    :(



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  • ras
    05-24 12:15 PM
    My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.

    couple of attorneys with whom I enquired also told me that if you still have time on h1 then you are not counted under the cap and do not need to file afresh which goes through the process of lottery etc. I think at the most you need to go to the consulate to get the visa stamping. Can some one experience corroborate this.

    Has anyone in the forum did EAD to H1?





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  • abhijitp
    07-09 12:44 AM
    Chindambaram's statement on HSMP rule change. Article has mention of H1B too.
    This is why I think it is not such a bad idea. Yeah, there may be other reasons why IV core does not think this is a good idea.


    http://www.workpermit.com/news/2007_01_30/uk/india_unhappy_about_immigration_policy.htm

    30 January 2007


    There are close cultural and economic ties between the The United Kingdom and India. However, the two Countries are at odds over immigration. The Indian Finance Minister, Palaniappan Chidambaram, has warned that Britain would be the "loser" if immigration laws are not relaxed to make it easier for Indians to work in the UK.

    Since 5 December 2006 it has become more difficult for many overseas workers to obtain the coveted HSMP visa in the UK. This is a sore point between the two nations at a time when both are looking at forging closer economic ties. However, it should be noted that there is no quota on the number of skilled professionals allowed into the UK under the HSMP or work permit scheme.

    Recent comments during a trip to India from Gordon Brown, UK's Chancellor of the Exchequer, about raising caps on foreign investment, were considered a bit absurd by some business commentators because his government had just made sweeping changes to the Highly Skilled Migrant Programme (HSMP), affecting several thousand Indians. Indians are the largest national group affected by the changes.

    "Many knowledge workers could go abroad for three months, six months or a year and add to our exports, but they are constrained by a very restrictive visa regime and local tax laws," said Mr. Chidambaram.

    "If a qualified professional from India is denied entry and that place is taken by a less qualified person from, say, Eastern Europe, surely the UK is the loser?"

    Mr. Chidambaram's comment seems directed at various European Union policies to favor professionals from within the EU. One of the main aims of the EU is to make it possible for an EU citizen to work freely in any EU Country. Most EU Citizens have been able to benefit from the free movement provisions for many years.

    A very similar line of reasoning is regularly put forth regarding the H-1B visa in the United States. Both the U.S. and the UK, along with all the most advanced western nations such as Canada, Australia and New Zealand, are aggressively competing for the most educated and skilled migrant workers from around the globe, regardless of country of origin. However, compared to employers in the other Countries, it is quite difficult for US employers to obtain a visa to employ skilled professionals in the US.

    Mr. Chidambaram, 61, was educated at Harvard Business School and represents himself as a strong supporter of free trade.



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  • ajju
    04-16 03:33 PM
    Are you kidding (about the refund)?

    true.. uscis never refunds.. except for H1B lottery cases...

    I got my GC approved couple of weeks ago.

    Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...

    Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...





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  • singhsa3
    10-21 07:48 PM
    That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
    Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"



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  • ramaonline
    11-19 03:16 AM
    F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485





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  • dsneyog
    11-30 10:54 PM
    Sorry I have no advise as I am filing my AP tomorrow for the first time. However it scares me that it's been over 3 months that USCIS received your application. I am sending out mine tomorrow and need to get it it by late February. Wondering if I should mention in my covering letter about expediting it. I am also planning to include prepaid envelope.

    Hope someone here can answer your question.



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  • hopefulgc
    03-28 11:04 AM
    also, category selection (eb2, eb3 etc ) is not persistent in the session





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  • lazycis
    12-28 08:22 AM
    RFE for I-140

    I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise

    To company lawyer, since company is the petitioner for I-140.



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  • factoryman
    06-18 12:37 PM
    so, my city / state is : Bellingham/ WA

    where he I-94 is issued.





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  • vwu3
    06-17 11:54 AM
    I am an international student on an F1 student visa. Am I allowed to sell iPhone apps on the Apple app store (the US one)?

    Thanks.





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  • kaisersose
    07-11 06:16 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?

    The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.

    Short answer - No potential problems.





    MLS
    07-12 01:56 PM
    On the second thought --- Do you think PR or Citizen Desi's are for us? Any thoughts?

    Yes they are. I recently got GC and I am with you. I know many freinds who got GCs long time back but they didnt know whats going on currently. Once I tell them they do support us. So making them aware is the key.





    rkat
    08-17 07:23 AM
    Thanks everybody for ur help...! One last Q that i guess i have is - Now that i have a RECEIPT # for the new H1....does that mean that my case for H1b will surely be approved..? Are there folks out there whose 129 has been rejected or basically who did not get approved for H1 INSPITE of having a RECEIPT #..?

    I ask this because in the few weeks what happens if my case is rejected ...that way USCIS will REFUND back all the fees to the petitioner....The contracting company will get back the fees from USCIS....Is there a possibility that USCIS may not approve my case NOW...?? I see the contracting company getting thier money from USCIS and from us...basically prifiting from both side if case is rejected.!!!

    Thanks!



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