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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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  • Macaca
    03-28 05:09 PM
    You can't have an F1 AND an H1.
    Is part-time H1 and full-time student without F1, a problem with Univ.?




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  • webm
    02-24 03:10 PM
    In 2-3 weeks span..




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  • sundeep14
    10-29 01:00 PM
    I checked my current labor certification. it has the following details :

    ETA FORM 9089
    A) PREVAILING WAGE INFORMATION
    SOC/O*NET(OES) CODE
    15-1031.00
    OCCUPATONAL TITLE
    COMPUTER SOFTWARE ENGINEER

    B) JOB OPPORTUNITY INFORMATION
    JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

    C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
    PROGRAMMER ANALYST OR SYSTEMS ANALYST

    D) JOB DUTIES
    CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
    MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


    My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

    Any ideas friends?



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  • gsvisu
    07-12 02:39 PM
    Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes ?


    Politics
    ------
    Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
    Satveer Chaudhary, state Senator in Minnesota.
    Toby Chaudhuri, Democratic communications strategist.
    Swati Dandekar, an Iowa State Representative
    Dinesh D'Souza, a conservative commentator and author
    Kris Kolluri, New Jersey Commissioner of Transportation.
    Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
    Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
    Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
    Raj Mukherji, New Jersey lobbyist and businessman.
    Vij Pawar, New Jersey attorney and former congressional candidate.
    Ramesh Ponnuru, contributing editor at the National Review, political commentator
    Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
    S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
    Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
    Sanjay Puri, Chairman of USINPAC & USIBA
    Nikki Haley, South Carolina legislator
    Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
    Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
    Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987




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  • lee.cook
    May 28th, 2007, 11:06 AM
    Ok now im screwed, my sensor is filled with dust spots as I can see it on the sensor myself..

    http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)

    Just thought id share this with you as im really annoyed right now



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  • austingc
    08-06 03:28 PM
    Folks, Let us not use this forum for non-immigration matters.
    This topic is posted under General Information > Interesting Topics

    Billu did not post this under immigration matter, so dont read it if you dont want to.




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  • dvb123
    11-21 11:06 AM
    [Federal Register: November 21, 2007 (Volume 72, Number 224)]
    [Notices]
    [Page 65588]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr21no07-75]

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

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
    RIN 1615-ZA61


    Cuban Family Reunification Parole Program

    AGENCY: U.S. Citizenship and Immigration Services, DHS.

    ACTION: Notice.

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

    SUMMARY: This Notice announces U.S. Citizenship and Immigration
    Services' Cuban Family Reunification Parole Program. Under this
    program, U.S. Citizenship and Immigration Services is offering
    beneficiaries of approved family-based immigrant visa petitions an
    opportunity to receive a discretionary grant of parole to come to the
    United States rather than remain in Cuba to apply for lawful permanent
    resident status. The purpose of the program is to expedite family
    reunification through safe, legal, and orderly channels of migration to
    the United States and to discourage irregular and inherently dangerous
    maritime migration.

    DATES: This Notice is effective November 21, 2007.

    FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
    U.S. Citizenship and Immigration Services, Department of Homeland
    Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
    20529, Telephone (202) 272-1613.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In furtherance of the U.S.-Cuba Migration Accords, the United
    States endeavors to provide a minimum of 20,000 travel documents
    annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
    Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
    1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
    ``Migration Accords'')). In so doing, the United States offers a safe,
    legal, and orderly means of coming to the United States. To date, the
    majority of travel documents issued under the Migration Accords fall
    into one of three programs: family-based immigrant visas; refugee
    resettlement; and parole under the Special Cuban Migration Program,
    also referred to as the Cuban Lottery. For information on the Cuban
    Lottery, see http://havana.usinterestsection.gov/diversity_program.html
    .

    Two aspects of the existing array of migration programs limit the
    ability of the United States to effectively promote safe, legal, and
    orderly migration as an alternative to maritime crossings. First, with
    the exception of ``immediate relatives'' (e.g., spouse, unmarried
    child) of U.S. citizens (USCs), the number of family-based immigrant
    visas that are available in any given year is limited by statute. See
    Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
    U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
    long waiting periods before family members remaining in Cuba may rejoin
    the USCs and lawful permanent residents (LPRs) residing in the United
    States who petitioned for them. Second, the United States has not been
    permitted to hold a new registration period since 1998 due to
    constraints placed on the Cuban Lottery program by the Cuban
    Government. This greatly reduces the pool of individuals to whom the
    United States may issue travel documents.
    For these reasons, this Notice adds the Cuban Family Reunification
    Parole (CFRP) Program to the list of migrant programs based on which
    the United States issues travel documents under the Migration Accords.

    II. The CFRP Program

    Under the CFRP Program, USCIS may exercise its discretionary parole
    authority to permit eligible Cuban nationals to come to the United
    States to rejoin their family members. See INA section 212(d)(5)(A), 8
    U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
    for urgent humanitarian reasons or significant public benefit); see
    also 8 CFR 212.5(c) & (d) (discretionary authority for granting
    parole). Granting parole to eligible aliens under the CFRP Program
    serves the significant public benefit of enabling the United States to
    meet its commitments under the Migration Accords as well as reducing
    the perceived need for family members left behind in Cuba to make
    irregular and inherently dangerous attempts to arrive in the United
    States through unsafe maritime crossings, thereby discouraging alien
    smuggling as a means to enter the United States. Whether to parole a
    particular alien remains, however, a case-by-case, discretionary
    determination.

    III. Participation in the CFRP Program

    USCIS will offer participation in the CFRP Program to Cuban
    nationals who reside in Cuba and who are the beneficiaries (including
    any accompanying or following to join spouse and children (see INA
    section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
    ``Petition for Alien Relative,'' that has been approved, but for which
    an immigrant visa is not yet immediately available.
    Under the CFRP Program, USCIS or the Department of State's National
    Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
    petitioners whose Forms I-130 have been approved regarding their
    beneficiary's eligibility to participate in the CFRP Program and the
    procedures for requesting parole. However, participation in the CFRP is
    voluntary. If USCIS exercises its discretion to grant parole, it will
    issue the necessary U.S. travel documents to the beneficiary in Cuba.
    These travel documents will enable the beneficiary to travel safely to
    the United States to rejoin his or her family members.
    Participation in the CFRP Program is not available to aliens who
    qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
    INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
    not needed for these aliens, since they may seek visas for travel to
    the United States immediately upon the approval of Form I-130.
    Additional information about the CFRP Program will be posted at
    http://www.uscis.gov.


    Dated: November 15, 2007.
    Emilio T. Gonzalez,
    Director, U.S. Citizenship and Immigration Services.
    [FR Doc. E7-22679 Filed 11-20-07; 8:45 am]

    BILLING CODE 4410-10-P



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  • ocpmachine
    10-13 12:53 PM
    My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.

    I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.




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  • rockstart
    07-31 08:09 AM
    The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.


    Thanks for the response.

    I have 3 year BS degree in computer science
    &
    3 Year MS degree in computer science. S0 total 6 years in the same field(computer).

    Thanks.



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  • bobbydalal
    08-24 11:49 AM
    Hi there read ur post so u got an interview even when ur priority date is no where current . M i understanding u rite.




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  • vkrishn
    08-27 08:13 PM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!



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  • meridiani.planum
    06-17 09:24 PM
    inline...

    Hi,

    This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

    1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

    no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.

    2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

    If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)

    Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

    Regards,
    swashbuckler




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  • snathan
    05-19 06:57 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

    Then whats the purpose of AP....?



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  • govindk
    10-30 11:02 PM
    My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:

    I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.




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  • deafTunes123
    11-13 03:01 PM
    I am curious. What is WOM?
    To my knowledge there is no way to expedite the AOS process.

    Gurus?



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  • sanjay02
    10-17 02:19 PM
    I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.

    1) Marriage certificate( If ur married :-))
    2) All your transcripts for your schools
    3) Passports
    4) H1-B, EAD, AP copies, I-485 receipt # copies.
    5) Any other communications you had with USCIS copies of it.
    6) W-2 for last 3 yrs( if you have them), pay slips.
    7) Employment letter from your employer
    8) AC-21 etc.
    9) Copies of your utilities bill, mortgage/lease papers.
    10) Birth certificate of all applicants.
    11) Family photos etc ( optional).

    Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.

    Thnks




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  • mbartosik
    12-13 04:16 PM
    The date in my I94 was entered as being 6 months before the date of entry (he got the year wrong). I being jet lagged didn't spot it until after leaving the immigration hall.

    To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.

    In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?

    So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!




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  • rvr_jcop
    03-27 12:38 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)

    Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?




    pra945
    12-09 11:56 PM
    i got 221(g) on DEC 1st 2009




    vinabath
    03-24 03:24 PM
    You are a senior member. Why are you creating useless thread? People browse IV forums for valuable and important information. People (volunteers) works extra time on limited resources to have this website up & running. I do not understand what made you start this useless thread and waste others time?:eek:


    I am sorry man, I did not think from your perspective.



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