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  • johnamit
    08-15 09:20 AM
    Thanks for bringing this up and highlighting the issue.

    The below quoted estimate is when we are assuming a perfect world, however I believe it will take longer than this.


    • There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.




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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!




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  • gc_chahiye
    11-19 12:41 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .

    + 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.

    + no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
    If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.




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  • curiosity_76
    12-29 04:26 PM
    Let's do something together, and let the government aware of our problem.
    Let's get more and more people in and make our voice heard!




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  • thomachan72
    01-13 05:20 AM
    Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.



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  • transpass
    04-23 09:34 AM
    Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?

    Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?




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  • ravi2patel
    07-24 05:19 PM
    I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.

    good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.



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  • anilkumar0902
    08-26 11:42 PM
    Thanks for the reply. So we don't need to disclose to employer that we are on EAD.

    AND
    Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?

    EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.

    Just chill...Good Luck.

    Cheers




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  • sk8er
    04-14 04:00 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?

    5. Would the consulate cancel my B2 visa after stamping H1-B ?

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?



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  • breddy2000
    01-04 02:59 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    Regards,
    -- Venkat

    Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.

    I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
    Also see this link on H1-L1 decoupling issue here.

    http://www.murthy.com/news/n_depfam.html




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  • gconmymind
    11-05 03:50 AM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
    I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
    Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...



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  • vdlrao
    08-06 02:21 PM
    Its a massive hit even to some staffing comps here

    It afftects staffing companies which ever has more than 50 employees, and 50% of them are not us citizens. Can some one confirm this please.




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  • bbct
    02-11 09:05 PM
    Works now and submitted the petition.



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  • thamizhan
    07-17 10:17 PM
    CHEERS TO AILA, AILF AND IMMIGRATION VOICE
    Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.

    Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.

    Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.




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  • GIC
    01-01 03:31 PM
    No FP yet. Called TSC N number of times. Opened SR long ago. Got SR response letter but no FP notice.


    I-485: July 2nd TSC
    Online ND: Sept 10,2007

    Filed July 2nd and no FP yet after two SRs. Not sure if we should be concerned!!!



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  • mallu
    07-04 06:44 PM
    Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)

    There is chance things get stuck in security check and rot there for years.
    Many Indian applicants will attest to this.




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  • HRPRO
    02-18 10:47 AM
    Jagan,

    Unless you go in person to the consualte, you are not going to be able to speak to anyone. Moreover with suacha tight time constraint, you should have made a visit to the embassy and should have used your US address, which is what they ask you do at the DC Embassy.

    I am sorry, I cant help you with any personal contacts, but advice you go there in person to get your issue resolved.




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  • jonty_11
    07-17 06:10 PM
    might serve IV community better if we contribute for funds...




    EBGreenCard
    07-30 12:40 PM
    True for most of us on this forum.




    uma001
    04-22 03:38 PM
    Thanks a lot for the response.

    My extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years(2010 to 2013)
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approved Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.


    Congrats hpk. Looks like USCIS started giving approvals for 3 years instead of 1 year



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