milind70
08-28 11:46 AM
Thanks bond65
Immi_enthu,
I was talking about Traditional labor, and mines is not a case of substitution so i never signed anything .Infact at the time of applying labor i did sign some forms but nothing in 140 stage only signed g 28 at 485 stage.
From your signature your 140 is approved so u need not worry about that.
Immi_enthu,
I was talking about Traditional labor, and mines is not a case of substitution so i never signed anything .Infact at the time of applying labor i did sign some forms but nothing in 140 stage only signed g 28 at 485 stage.
From your signature your 140 is approved so u need not worry about that.
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anemmani
01-04 01:06 PM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
theMan
05-24 01:04 PM
Only last week I saw an article that said something to the effect that " Want US GC, get Masters". At that time, we all laughed at how these reports are compiled and brushed them off as tabloids.
Unfortunately , this time IV has got the right message and the publicity, but how will an average reader decide which article is saying the truth. People will understand/interpret the news the way their minds wants it to be , regardless of what the absolute truth is.
Regardless , a step in the positive direction for us
Unfortunately , this time IV has got the right message and the publicity, but how will an average reader decide which article is saying the truth. People will understand/interpret the news the way their minds wants it to be , regardless of what the absolute truth is.
Regardless , a step in the positive direction for us
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chanduv23
05-28 03:51 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
more...
texcan
02-26 11:09 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
nagesh75
07-06 04:40 PM
I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
more...
mihird
10-25 01:30 PM
My I-140 doesn't have any "valid until" date on it...I believe, I-140s are pretty much valid indefinitely as long as they are not revoked by the employer...
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needlotsofluck
08-02 11:53 PM
It is a mess.. The USCIS site says it will accept old versions of the forms (765 and 131), and they have clearly stated in their FAQs that applicants who were eligible to file under the July bulletin can file 765 and 131 using the previous versions of the forms and at old fees ($ 180 and $ 170). However, the previous versions of the forms are not available at the USCIS website.. I am filling up my forms today, and I had to dig up the old forms on Google. (Not that the new forms are any different in the information to be filled.. I just wanted to make sure the checks and mailing addresses are correct as per the old forms). Anyway, even in the old forms, for I-765, it says, if say you are from PA, send the forms to TX. In the 485 form (previous version), it says if you are EB, mail it to NE. Switch back (OK, now we are confused) back to I-765 and somewhere at the bottom, it says, in effect "Dash it all! If you've already filed I-485, just send the form to the service center to which you sent your I-485!"
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
If old forms are used, then the instruction stated in the old form should be followed. Since in your case, your I-485 was sent to NE, then 765 and 131 should also be sent to NE. I will also do the same since I will use old forms. Regardless, seek an attorney to verify. I am still waiting for my receipt (though, it is ok to file without it) and will file my forms a week before Aug.17. Who knows what this INS people will decide again by that time. Good luck to us.
So I'm planning to send it to NE service center tomorrow.. If it is all a big mistake, I'm hoping someone will let me know before tomorrow afternoon..
If old forms are used, then the instruction stated in the old form should be followed. Since in your case, your I-485 was sent to NE, then 765 and 131 should also be sent to NE. I will also do the same since I will use old forms. Regardless, seek an attorney to verify. I am still waiting for my receipt (though, it is ok to file without it) and will file my forms a week before Aug.17. Who knows what this INS people will decide again by that time. Good luck to us.
more...
manjunathk
07-18 01:00 AM
Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.
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nixstor
03-24 02:55 PM
Now everything is queued..... no more cutting lines.
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
more...
Imm_Exploited
07-23 02:15 AM
rdehar,
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
I cannot agree with you more. The God-damn Labor Sub was the one of the main causes for the torturous retrogression of EB-based PDs.
Some one correct me if I am wrong; the majority of members on these forums are from India and no one can convince me that this GC wait is NOT absurd.
If the US is benefited from the skilled employees from India and they are not scared of these highly skilled personnel from overtaking the white Americans, starting their own businesses and demanding more moolah for their skills, they would have opened up the GC gates long back.
Free Market My Foot!! If the US did not have me as a bonded slave (read H1B + pending EB status) since last six years, I would have been a millionaire here like any other high school graduate could be. The laws for immigrants here are more stringent than those that are prevalent in communist China.
And one last thing, please nobody advise me to go back home because I am here in the US since it is worse in India. This is a nation of immigrants, and we all should sustain and reiterate it, time and again.
Sincerely - IE
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sodh
07-27 04:14 PM
The FOIA request takes around 18 months to get some answer even if your request is easy.
more...
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Redeye
08-21 03:21 PM
Thank you, however I was not expecting it.
Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.
Njoy life . Buy a corvette. :)
Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December..
Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.
Njoy life . Buy a corvette. :)
Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December..
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desidude
08-04 02:48 PM
Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...
more...
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485Mbe4001
03-06 02:11 PM
so now people give red dots just for asking a question about EB3...where is ACLU:D
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
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minimalist
10-08 02:25 PM
Did you take original 485 receipt with you?
I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.
Please post back your experience here. Thanks for starting the thread.
I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.
Please post back your experience here. Thanks for starting the thread.
more...
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sreenivas11
06-16 07:49 AM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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tnite
06-26 10:09 AM
what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
what should we enter as last entry into us
Then put the Vancouver visit as the last entry.
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NNReddy
08-25 09:05 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
singhsa3
08-01 11:43 AM
I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
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