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  • akhilmahajan
    04-13 01:35 PM
    AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.

    Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.

    I hope this helps. All the best.

    GO I/WE GO. TOGETHER WE CAN.





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  • reachinus
    07-14 12:33 PM
    Could be a DV case, could be family based, could be immediate family, could be anything. In fact EB cases are only about 200k out of 1,2 mil GCs issued last year (see immigration-law.com for a recent statistic). Backlogged does not mean unavailable.
    I do agree.





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  • me_myself
    12-16 06:58 AM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.





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  • JunRN
    12-17 06:59 PM
    What was your status when you filed? H1 or L1 or F1? Have you filed before and got rejected? Were you in deportation proceedings before?

    Is your PD current in June?



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  • Better_Days
    03-04 02:44 AM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,





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  • skarthy
    07-17 07:42 AM
    Hi all,
    It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?

    I got my receipt and credit card - money withdrawn.

    Thanks



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  • gcchaahiyey
    04-07 03:53 PM
    But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.


    Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.





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  • korient
    07-11 02:53 PM
    Hope someone is close enough to help.



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  • Sandeep
    01-23 01:53 PM
    To present our case, we need facts. Like for example

    -Drop in admissions/applications/exams for US universities
    http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
    http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
    http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3

    -Number of people on H1-B buying homes
    http://www.census.gov/prod/3/98pubs/cenbr974.pdf

    -Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
    http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
    It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.


    -Age Pattern of the Science and Engineering Labor Force
    http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
    And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "


    I am also trying to gather information about the points given below

    - Number of H1-Bs becoming US citizens (when given a chance)
    _________
    - A $$ amount of value addition of H1-Bs to the US economy
    _________
    - Number of children that are US citizens from H1-B families.
    _________

    Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
    Thanks
    Sandeep





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  • kumhyd2
    07-26 01:08 AM
    Another classic case of utter negligence by the attorneys.



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  • ArkBird
    06-24 12:27 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.





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  • Ann Ruben
    02-06 12:22 PM
    Hi Horscorp,

    It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.

    Ann



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  • Googler
    02-07 05:53 PM
    http://www..com/discussion-forums/i485-1/65787841/last-page/

    "I called up an IO at NSC and they said they are swamped with the news of the 180 day NC requirement. She did confirm that this was true and that cases were being moved into different areas in order to get assigned to Officers. Mine being one of them."

    So the USCIS finally knows about it :)
    On the other note, those 88 cents I spent to download that document from the court site are my best investment since I've bought a house. Anybody needs green points? :)

    http://www..com/discussion-forums/i485-1/65831051/


    What is interesting is that both Zest2003 and Zenfloater on are EB-3 India with priority dates in Summer 2003. So neither of them has a current PD.

    I had three separate conversations in the last few weeks -- with a TSC IO, with staff in Michael Aytes office and with staff in the Ombudsmans Office, all of whom confirmed that cases are not assigned to adjudicators if their priority dates are not current i.e. no preadjudication of retrogressed cases.

    I made strong arguments to both staffers about how unjust this is since if dates move, retrogressed cases won't be good to go, and unused visas go to less retrogressed or unretrogressed categories.

    Now these two posters on seem to suggest that retrogressed cases are being given to adjudicators....it would be great if other retrogressed applicants posted about what they are hearing.





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  • fide_champ
    02-15 01:22 PM
    Thanks to everyone who replied.



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  • Michael chertoff
    11-25 12:48 PM
    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.

    Thanks for understanding.

    MC





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  • rajenk
    09-16 04:48 PM
    USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.

    My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).

    Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....

    Is there any thing that I could do about this?

    Thanks,
    Raj:(

    Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!



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  • sonu9
    07-31 12:33 AM
    any suggestion from others





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  • ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).





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  • Dhundhun
    06-25 02:16 AM
    Thanks for replying.

    For question number 3 can you give more details. What is AVR.
    Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

    so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?





    kukitron
    10-03 03:10 PM
    Hello,

    My wife is applying for a good job at the European Union, and I do not see why can't she get accepted. We've been stuck in this mess for a while and I am getting tired of irrespectful treatment when entering the country, even when you are here legally, limited career, etc,etc

    We can legally work in Europe, but how is the market in Belgium for an electrical engineer (firmware, hardware, project manager exp)?

    Anybody have any experience or know something about it? salaries, cost of live, etc

    Regards





    bigboy007
    07-31 10:08 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?



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