Friday, June 17, 2011

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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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  • sanjay
    09-06 10:42 AM
    Contact Lou Dobbs and tell him to do a story so he knows what we are going through :)


    LOL... This is the best suggestion I had seen so far in this thread.;)





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  • indianabacklog
    07-26 02:54 PM
    This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
    We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.





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  • acecupid
    08-19 09:38 PM
    If you renew your passport in US it takes approx 5-6 working days. I have done that at san francisco indian consulate. In India it may take weeks or even more than a month unless you have some connections. You know how things work in India...

    I dont think you should have problems even at POE with passport expiring less than 6 months. I would suggest try to renew it in US if you have time or dont renew it at all till you come back to US. Trying to do it in India might cause delays.



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  • wandmaker
    11-01 10:27 AM
    Hi,

    My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.

    We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.

    1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
    2) Is it my right to get a copy of the RFE?
    3) How come the case status did not change on USCIS website?

    My current visa expires on Nov 20th. Please advice ASAP!

    #1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
    #2 - It is not your right to ask for RFE notice copy, but you can request.
    #3 - Dont rely on online status

    Find a new employer, have your H1 transferred while your I-94 is valid.





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  • seahawks
    09-11 01:01 AM
    We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!

    Please follow link below.



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  • saketkapur
    10-09 07:56 AM
    situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
    For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
    There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
    CA is quite cool with respect to DL renewals.

    CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.





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  • doubleyou
    05-20 10:38 AM
    I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.

    But more than for me, i am reaching out to all others in IV.



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  • purplehazea
    05-11 04:36 PM
    http://www.npr.org/templates/story/story.php?storyId=5398818





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  • jcrajput
    09-29 07:00 PM
    I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
    Today I received my entire application back with "REJECTED" status.
    On Reject notice it has mentioned as below:

    ------
    The application you filed along with any fee you submitted is being returned to you for the following reason(s):

    x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

    The following document may be provided.

    Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
    Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
    A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
    Other evidence than an immigration visa petition has been filed/approved on your behalf.

    ---------------------------------

    Here below is my I-140 detail:

    Category : EB2
    Receipt date: 12/11/2006
    PD : 10/04/2006
    Approved from: NSC

    -----------------------------
    My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

    It looks like they have overlook the I-140 copy and neglect that.
    Can anybody give me some idea about following:

    1. How I can re-submit my application?
    2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

    I really appericiate your response and help. Thanks a lot.



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  • 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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  • adibhatla
    06-16 12:18 PM
    adibhatla,
    What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.


    Thanks,

    They say we (includes me and my wife) were missing G325A (boigraphic information sheets).



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  • felix31
    06-05 03:16 PM
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

    Pappu,

    I guess the uprooting thing depends on many other issues....

    E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

    However the retro thing is ruining everything (just like so many others here - we are not an exception).

    In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
    Will that help me? No, sir!

    We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

    So, in our case - moving to Canada is much like moving to another State...
    Not a big deal...It certainly will not be the first time to rent U-haul. :)

    What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

    It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

    I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

    Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
    If one spouse suffers and is not happy, how can the other be content?

    He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
    We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

    I would LOVE to work, BUT - as H4 - I can only dream about that.

    Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

    Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

    In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.





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  • Berkeleybee
    04-08 01:29 PM
    I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:

    Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development

    It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.

    Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.



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  • ck_b2001
    07-19 10:54 AM
    guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?

    you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.





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  • senk1s
    09-23 12:22 PM
    there is a posting on immigration-law.com stating 2 yr EAD is for i140 approved applicants only - but that is not true in our case



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  • VMH_GC
    12-12 10:24 AM
    I recently went to India and came back to US. At port of entry, the officer incorrectly put the date beyond my Visa expiry date in my copy of I-94 but in his copy he put the correct date. This confusion was largely due to the fact myself and mywife both are in h1b with two differenet expiry dates. Now my question is, will it be a problem? do i have to report this? Please let me know.

    Thanks
    VMH





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  • abhisam
    07-09 11:50 AM
    I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

    Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

    My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

    I would really appreciate your advice on this.





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  • puntubabu
    03-07 10:17 PM
    Dark Child has no votes, someones gotta vote for him, hes got a really good layout.





    desi3933
    01-23 01:15 PM
    I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.

    Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?

    Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.


    You should be fine. From these details, it seems you were not out of status.

    Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





    punjabi
    07-17 06:10 PM
    I joined IV just a week ago as someone referred me this website. Oh! I am indeed impressed and feel great to be a part of it!

    Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!

    Punjabi :)



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