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  • somegchuh
    01-28 06:59 PM
    This question is specific to Indian nationals with children born in US.

    Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?

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  • nabs501
    07-27 04:31 PM
    Did you put in your A# OR THE Petition Number 3 in that form. Please respond.

    I did put in my A# which I then thought was same as the A# listed on the EAD for OPT. Obviously, I was wrong.
    My point is, it's OK if you don't put in your A#.
    But it would help if you put the receipt #.
    They just use all of this information to retireve your record. If there's some information missing such as the receipt number, it would just take them longer to retrieve your records.
    Try to get atleast the I140 receipt number from your employer. Dont worry about the A# (just put in NONE). I think they can very well dig out your application based on the receipt number.

    Even if you dont get the receipt number, go ahead file the form and provide as much details as you possibly can regarding the I140 petition; attach a separate sheet if needed.
    Dont forget to get the form notarized.

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  • peacocklover
    12-14 05:35 PM
    In marriage it is common to have differences. When both parties dont yield and stick to their guns, it leads to rifts that may buildup over time and lead to the possibility of divorce. If both of you can clearly site 3 points on why you'd like divorce (articulate), then the problem is solvable.

    If one of you is not sure why its happening (either you are too ignorant or you are totally missing other's point), obviously its your problem to know what keeps a marriage going. And if one of you just is hell bent on divorce, just coz "you felt like/were told -- like you deserve more than what you got", that is foolishness.

    Young (immatured rather) people are quick to jump into divorce thoughts when things are not going well (when the initial attraction fades). You just hope that they stick around long enough through thick and thin, which will help them to discover the value of the other partner. Grass is always greener on the other side isnt it ? At the same time petty problems (for some people) such as bedroom troubles, can lead to divorces. Extra marital affairs happen often in this situation.

    Indian culture makes marriage such a big ritual with so many ties that offers immense support (by social pressures or family obligations..) to fend off these manageable problems.

    Take a break, pray god , be open with out any 'EGO', try to share your feelings and understand his feelings with your fresh mind. Also Try to have your respectful elders like your grand parents or your mom or father or his parents or his grand parents at home. Please don't take this worthless decision of divorce quickly unless he is a criminal trying to kill you.. it's very easy to break and very very hard to construct your relationship or very hard to face another relationship, we Indians give top most value to that relationship. Today's Western media which runs on the consumption, influences everybody's thoughts to go for consumption based system which forces to divide families and gain more from it. This is the idea of capitalists to loot from an individual. here is West, this damn media focuses to break the relationships to boost their consumption based economy with out thinking about their future generations.

    As a last attempt, Please try to live with your parents for sometime to think fresh and make the decision.

    See this video and try to understand what Mr.Venkatesh tells about the west and it's media strategy, think about Goddess Lakshmi what he is talking about in the end of this video .

    Global Imbalance - An imminent Dollar Crisis (

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  • knowDOL
    06-05 11:26 AM
    Yes, looks like they removed the timeframe hopefully it is for good. but lets see. May be after the bi-specialization case transfers they removed.


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  • laksmi
    02-18 05:10 PM
    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.

    Any H employer is supposed to pay the minimum wage to the employee , so paystub seems natural in this process. But if you are genuine and just missed the paystubs for some reason you can send some alternatives :

    a) Timesheet signed.
    b) benefits confirmation ,
    c) email correspondence to indirectly prove that you were working in H1 status and getting paid

    Hope this helps

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  • go_guy123
    08-23 06:02 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    One needs to have a realistic dream. One needs to verify with facts. Companies often lie
    of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
    promise sun and the moon to sign you up but they hide the reality.

    I know companies even lie that project is 6 months and renewable but once you join
    and shift to the new place and then after 2 months they say the project is over. They
    knew all along that the project is for 2 months but they wanted people, so they lie
    that the project is long.

    I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
    EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
    another 10K.


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  • sandiboy
    08-15 03:16 PM
    485 RD:6/29
    485 ND:7/25
    FP ND: 8/8
    FP Date:9/4

    Is this from NSC or TSC? When did you receive this in the mail?

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  • probe
    10-07 04:23 PM
    I live in Ohio and my sympathies are with you. If another state has concerns with clause "non renewable/non transferable"then Ohio should also have concerns, but on the contrary Licenses are renewed in Ohio.I feel this is more of kneejerk reaction to 9/11 aftermath.I am dismayed, does policy makers are under notion that a alien (not from outer space) have to
    go through all the travails of a new driver if they move to other state !?.
    My past experience suggests you to visit few other License agencies around your place and hope lady luck smiles
    upon you.


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  • ssnd03
    07-20 01:33 PM
    RIP 'Labor Substitution' is the best thing happened ever happened so far!!!

    Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.

    It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.

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  • gemini23
    08-02 01:35 PM

    This is indeed related to immigration issues, as many people have to get birth affidavits from india to usa and other places. I dont see whats wrong in using IV to discuss this courier issues.

    Also, I dont know why would you link this with DC rally. I assume in good faith that people are going to show up at rally if they can, based on their circumstances.

    Please do not make generic negative assumptions.


    People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.


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  • adibhatla
    06-16 11:59 AM
    I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

    If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

    If you really need to check just the status, take an Infopass.

    Just my 2 cents.


    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.



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  • meridiani.planum
    03-31 09:06 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?

    Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...


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  • Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.

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  • shukla77
    11-14 09:15 PM
    :)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...

    [QUOTE=kumarc123;195464]Hello all IV members,

    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country



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  • conchshell
    07-30 12:43 PM
    Same situation happened to me - My status shows as card production ordered while hers have no update.

    The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon

    sujith1, can you post when did you both filed for EAD, where, and when did you get approval for you only.

    Same here sujith1, I am on H1B (AOS) and she is working on her EAD.

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  • venetian
    07-06 02:29 PM
    Thanks saket,

    Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.

    Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....


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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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  • jsb
    12-11 12:08 PM
    Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.

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  • snathan
    05-25 01:48 PM
    Search the forum, it full of post where people has called SNATHAN a MORON

    now I am not saying so... he might not be a MORON but then why most of people call him so ??

    Welcome back PlainSpeak...aka Poornima,

    Jet flyer is waiting for you...

    Its time for IV to ban your know the dog's tail.

    09-24 12:15 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,

    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.

    05-14 05:25 PM
    You are so pessimistic..
    At least you hope something is gonna happen after the elections..:):)

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