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    • helpful_leo
    02-03 06:21 PM
    thanks guys for your responses

    Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.

    Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
    And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.



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    • nhfirefighter13
    July 9th, 2004, 06:37 PM
    Nik,

    I had to live with a 70-300 Sigma that was f/3.5-5.6 for a long time. While I made do for sports and motorsports type stuff, my world opened up when I upgraded to a fixed f/2.8 zoom. Hold off a bit, if needed, and get a faster lens. You'll be much happier.

    If you're mostly going to be doing landscapes and whatnot, the slower lens will work just fine.
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    • Lasantha
    02-20 11:09 AM
    I would think No too.

    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help



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    • wandmaker
    09-10 11:58 AM
    thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks

    USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because

    1 - you used your tourist visa to find work
    2 - you have overstayed your I-94


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    • another_wei
    05-02 01:07 AM
    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.



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    • diqingshen
    04-09 10:23 AM
    We must think about what we do after CIR fails.


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    • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.



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    • krishmunn
    02-15 12:53 PM
    I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


    Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.



    And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.

    OP Inquired about the process does not mean that he is Involved in the process.


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    • ASingh10
    07-25 10:08 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh



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    • gcisadawg
    03-30 08:20 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.

    I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!

    What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.


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    • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++



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    • indianindian2006
    08-28 02:10 PM
    For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..

    You are right I remember that he posted that he got his GC recently.


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    • gemini23
    11-21 10:30 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.

    Thanks waitingforlong. And the proof of AOS would be 485 receipts right?



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    • amirani
    03-03 05:27 PM
    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.

    Thanks for the response.

    The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....


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    • imh1b
    04-19 09:06 AM
    Can the agent pay your salary as per market rate?



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    • cybergold
    04-28 03:07 PM
    Oh no... The link is dead. I am going to have to make my own site and put it up, i'll try getting it back up asap


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    • h1denied
    03-16 08:17 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!



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    • pdakwala
    04-28 12:55 PM
    As of Apr 28 2006, 12:00 PM(EST) we have collected $102,491.10. Our goal is to reach 150k by May 1st 2006. We are running short by just 50k. This is not a big task. We need only 500+ people to come forward and contribute $100+.

    You can do it. Please come forward and contribute. There are many people who still have not contributed. Please come forward and do a nice favor to yourself. $100 is not a big amount for you. If people who are between the jobs can contribute, why can't we. There are no reasons for not contributing. IV have done a lot for the entire immigration community.

    SO LET'S JOIN HANDS AND WORK TOGETHER TO REMOVE RETROGRESSION.
    PLEASE CONTRIBUTE.



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    • theconfused
    12-15 07:57 PM
    Dear Sunny,

    I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.

    And i am also wondering if anyone has gone with situation like mine?

    My company has not applied for GC (labor) yet.



    Jimi_Hendrix
    12-14 11:30 AM
    This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.



    sandy_anand
    10-30 03:47 PM
    Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.

    Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.

    We may achieve some admin fixes if current administration really wants to help us.

    I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.

    Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.


    Posted by Azin at 8:25 PM

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