a_yaja
01-06 04:39 PM
My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).
Please let me know if there is any merit in the above statement?
Please let me know if there is any merit in the above statement?
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imm_pro
08-26 12:45 PM
Congrats man..looks like you got ur GC in a record 2.5 years..way to go
nixstor
04-09 03:42 PM
Ideas are dozen a dime irrespective of whether they are good/bad. As you observed that this is a good idea and IV has already approached websites like rediff/sulekha, only to be asked for enoromous amounts of money for featuring IV on their website. So we need $$$ via contributions or the situation should get so worse that media will write for free.
There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.
There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.
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Chelo
02-13 04:59 PM
Listen to
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER
.... Or whatever other four reasons you want to write
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER
.... Or whatever other four reasons you want to write
more...
knnmbd
08-29 02:25 PM
This is the loophole that needs to be plugged for the SKIL to work successfully. The one clause that need to be added is that the advance degree must have been completed before the LC was filed / approved so that acquiring education in excess of a Bachelor's does not become a ground for exploitation. Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it’s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.
cdeneo
03-26 10:01 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
more...
Rajeev
08-10 02:54 PM
By other poster...
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
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waiting_4_gc
07-17 09:27 PM
Here is the info about this in Washington post
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
more...
engineer
06-03 01:53 AM
Keith Ellison, Congressman from MN was in Milwaukee, WI today.
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
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guyfromsg
10-04 09:37 PM
17. The US consulates and CBP are Googling you!
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW
more...
makemygc
08-16 09:46 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
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BharatPremi
07-27 02:37 PM
After EAD is approved, H4 can work anywhere in any job.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
more...
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tejonidhi
11-27 01:54 PM
Hello GC_Chaiye,
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
more...
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Siboo
07-28 07:22 PM
My prediction for this year..
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
This looks like September 13 bulletin.
What about October 02, 2007 update??:D :D
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
This looks like September 13 bulletin.
What about October 02, 2007 update??:D :D
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cox
June 18th, 2005, 02:47 PM
Did you see my comment on this shot in the gallery, because I said the same exact thing "ask and you shall receive". Anyway, like I said there, great shot, Anders would be proud. ;)
Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D
Great minds and all that ;) Yeah, Anders & Omar keep me working to improve my wildlife and landscapes. You, Bob, Rob, Gary and others too numerous to list here remind me thru pictures that I should shoot other things occasionally too. And Queen Josephine has finally shamed me into buying Photoshop CS2 (with the intent of learning how to use it). 'Course, now I only have to figure out how to open this box...:D
more...
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
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EB3_SEP04
09-05 08:13 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
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EB3June03
06-22 07:24 AM
Thanks for your reply hiralal.
Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.
Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.
I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?
Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.
Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.
I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?
Better_Days
12-21 01:45 AM
I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.
http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms
Can she be of any help to IV's Agenda. Has IV core considered contacting her.
As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)
http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms
Can she be of any help to IV's Agenda. Has IV core considered contacting her.
As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)
rjgleason
June 4th, 2004, 08:31 PM
I immediately thought of the Seinfeld Episode: Bubble Boy
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