desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
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rajmalhotra
02-08 04:32 PM
Does anyone else know of other instances of this happening?
Maverick1
08-13 11:17 AM
OCI's can work without visa. ALL PIO's are eligible for OCI.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
Beg to differ. All PIOs are not eligible for OCI. There are different requirements for OCI than PIO.
Say for example you are still on H1 or GC and your minor child is a citizen of USA by birth, your child is not eligible for OCI. They will be eligible for OCI when they are a major or when you become a US citizen.
2011 1998 Mercedes Benz CLK230
bzuccaro
11-09 08:40 AM
If the labor certification is approved and the I-140 has been or will be pending for 365 days or more prior to the H-1B worker�s requested H-1B start date, then the H-1B visa worker can file for the one year extension under AC21 106 (a).
more...
ebizash
09-30 12:00 PM
Ken,
The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.
Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.
Hope this helps!
The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.
Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.
Hope this helps!
roseball
04-03 09:13 AM
You can get a 3 yr extension. However, if you happen to go for stamping, I would advise to get it done in your new PP, if possible. Depending on which Indian Embassy's jurisdiction you fall under, you can apply for PP renewal within 1 year to 6 months of your PP expiry. Note that the renewal process might take anywhere between 4 - 8 weeks.
more...
casinoroyale
08-22 09:47 AM
Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.
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ganguteli
04-23 01:16 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
more...
gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
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nk2
05-05 11:03 PM
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pellucid
04-05 03:31 PM
America embraces foreign-born ballplayers, but not engineers, much to the
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
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nfinity
07-17 11:08 AM
I have jumped on this a couple times.
more...
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santb1975
04-10 06:02 PM
Together we can accomplish a lot
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vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
more...
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roseball
03-29 04:15 PM
How long the process took before filing? How much time for PWD alone?
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....
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mhssatya
04-28 08:56 AM
hyderabad,
My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?
Appreciate your response.
Hi mhssatya,
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
My file is moved to atlanta and my lawyer is from there as well. Where as i'm from virginia. It's been 8 months and I still haven't been called for an interview. Should I be proactive and do something about it or just wait for the interview letter?
Appreciate your response.
Hi mhssatya,
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
more...
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sanjay02
05-14 03:15 PM
Gurus
I am going to be renewing my EAD myself and its going to be paper filing, so my question is what should I be be answering to the question below?
Its question 17 on the EAD form
17. If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
degree, your employer's name as listed in E-Verfy, and your employer's EVerify
Company Identification Number or a valid E-Verify
Client Company Identification Number in the space below.
Degree:
Employer's Name as listed in E-Verify:
Employer's E-Verify Company Identification Number or a valid E-Verify
Client Company Identification Number
I am going to be renewing my EAD myself and its going to be paper filing, so my question is what should I be be answering to the question below?
Its question 17 on the EAD form
17. If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
degree, your employer's name as listed in E-Verfy, and your employer's EVerify
Company Identification Number or a valid E-Verify
Client Company Identification Number in the space below.
Degree:
Employer's Name as listed in E-Verify:
Employer's E-Verify Company Identification Number or a valid E-Verify
Client Company Identification Number
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axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
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logiclife
12-20 08:06 PM
Accuracy of is really really bogus.
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".
Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.
data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?
oo00mustang00oo
08-10 04:48 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
chanduv23
08-10 11:48 AM
Close This Thread
