Wednesday, June 8, 2011

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  • spec1968
    10-26 02:41 PM
    If i change my status from H1 to F1 until approval of 140 and change status from F1 to H1 will affect my green card process? I heard that once 140 is approved one will get 3 years extension irrespective of status ( i mean on F1 or out of country) . Please clarify




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  • chosenone52
    10-03 09:05 PM
    Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process

    Btw before cursing.. at least think twice...

    and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !

    Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!

    Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!




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  • itstimenow
    08-08 12:12 AM
    hey Ration_Card - if u don't mind.. let's talk in private - just wanted to see and check few things on my side. Hope it's not a problem to you? where are you located? let me know.




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  • raydon
    09-16 11:18 PM
    It might be difficult to switch to F1 from H1, especially after getting into the greencard process. Since the F1 visa is a non-immigrant type, you might need to demonstrate that you have no intention to immigrate.

    Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.




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  • uma001
    06-10 05:19 PM
    hdos,

    Why are you worrying much, Why dont you go back to India and come back after one year. Then file for green card. When you do not have project for 6 months why are you worrying for green card?
    If you are not married, go back to India find a nice girl get married, enjoy for one yr and come back again.By that time economy will improve and you get project easily.



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  • floridasun
    01-30 11:55 AM
    Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?




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  • kanvenk
    12-04 12:56 PM
    I'm from Dallas, TX.



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  • imh1b
    07-29 02:35 PM
    Spillover from Family to Employment will occur for FY 2010-2011. Not for September.

    Family spillover for 2009-10 is approximately 10500, and is already allocated.

    We wouldn't know this number until DOS publishes Immigration Statistics for 2010.

    You are right. He said end of year for spillover from family. So I understood as September,
    I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.




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  • indian111
    10-13 11:06 AM
    30 minutes per day aerobics ?

    lol that was a good one :P



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  • JunRN
    08-11 03:58 PM
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

    You mean "AP", not "EAD" to enter into US.




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  • waitingnwaiting
    09-30 03:10 PM
    mods - please delete

    Why? I disagree. Did you even read what was written.

    We Indians should know what Chinese are planning against our interests.



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  • 24fps
    02-23 11:05 PM
    hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.




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  • chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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  • pa_arora
    04-19 07:08 PM
    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten




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  • jiraprapaasa
    04-13 11:47 AM
    Did you 4 years old get a visa yet? How about your neice and nephew? The agent in Thailand called my niece mother and ask for money in order to prepare her paperwork for an interview. Do you think she should hire an agent there to make sure she got everything correctly.
    I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?



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  • arnet
    11-22 04:55 PM
    better check with your immigration attroney for your situation.

    It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

    regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

    If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).

    also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

    some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

    good luck.

    Hi

    I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.

    I am planing to Go to India some time next summer.

    But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
    H-4 stamping for my family.

    Do I need to carry any extra documents apart from those needed for H-1 B stamping?

    DO I need to Get Advance parole before going to mexico for H-1B stamping?

    Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?

    Your experienced advise will help me a lot.




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  • intheyan
    09-30 03:10 PM
    Does we need to keep track of the period for our next FP or does the USCIS send as a letter every year to do our finger prints?




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  • krishnam70
    08-17 04:42 AM
    TIN is not SSN. Employer would need SSN.

    I guess we need another tracker for those who received EAD, but no SSN.

    hope you are.. such issues could be taken up in appropriate forums for SSN or something like that. I thought IV is discussion issues with immigration now we are trying to discuss every other topic here. May be IP this kind of question because they already deal with all this kind of stuff.




    webm
    12-15 08:59 PM
    They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..




    Bpositive
    03-17 04:53 PM
    Good luck with that. It didn't work for me either. The Doctor's office did not even accept my insurance in the first place evn though they were in my network, I don't know why but they gave some weird excuse. I was in no mood to argue and was eager to get the medicals done so I just paid up hoping to get it reimbursed but did not see a penny from the insurance co.

    The doctor's office refused to give the insurance company the information they need - codes etc. The insurance company is willing to consider it if the provider gives the information. The provider loses out because the reimbursement is lesser than the cash they took from me. Anyway - I am filing a complaint. I think these providers are trying to scam people..



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