sathyaraj
11-14 01:19 PM
The EAD process has changed. You do not need FP for EAD approval.
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mrajatish
05-14 06:43 PM
Same here - keep the good job going
pankajkakkar
03-01 06:46 PM
I'd like to join the conference call as well.
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meridiani.planum
05-18 12:56 PM
If this passes this will be awesome for Ph.D. graduates.
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...
more...
inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
gc_dream07
06-10 12:53 PM
I support this move. If it takes 10 years to get the GC after filing I-485, then we should get 10-year EAD/AP. Why should we pay every year throusands of dollar.
more...
santb1975
02-15 04:35 PM
^^^
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superdude
07-17 01:46 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
IV Core do know the news. They are waiting for the govt officials to declare the news
IV Core do know the news. They are waiting for the govt officials to declare the news
more...
illinois_alum
06-06 04:58 AM
See responses in red below. Guys...I don't understand why there's so much of confusion. How is it that you can't figure out what the manner of your last entry was??? If you used H1 then it has to be H1, if you used AP then has to be PAROLEE! In any case, this is stamped on your I-94...just check there.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?Check your I-94. I-94 stamp tells you your manner of last entry and current immigration status
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travelI don't know when this would be different from the Manner of Last Entry. This field entry should be same as previous one
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?I think there is a Drop Down...you can't just enter your own text (don't remember 100% though. But if this is text then just enter (c)(9) - this already means that you have EAD eligibility because you have filed for AOS/I-485
Thanks for your help.
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for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
more...
conchshell
08-13 02:48 PM
who is vld rao?
He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D
He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D
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kartikiran
11-09 05:21 PM
Done.
I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.
Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.
Only reason, I am not sure where my life would end without knowing an answer to my green card application.
I think this is a key point which is missing in the survey.
I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.
Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.
Only reason, I am not sure where my life would end without knowing an answer to my green card application.
I think this is a key point which is missing in the survey.
more...
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sands_14
06-11 03:21 PM
I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)
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Pineapple
12-26 05:04 PM
I sent mine back over two and half months ago.. still no sign of a replacement card.. I called USCIS and they said they received the card, and are "reviewing the file". (how long does it take to figure out the freakin photo is wrong?). Did not specify how long will it take before they issue a new one.
more...
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freakin_gc
02-12 02:03 PM
My EB3 I-140 and I-485 (India) is pending from NSC my PD is Aug 2004.My wife is a citizen of South Africa she is also in H1B visa and derivvative of my I-485.Now it is possible for me to change the country of chargeability to South Africa, If possible can we able to get our GC in the month of March?
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kaisersose
06-02 04:05 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
more...
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vedicman
11-30 09:00 AM
The Startup Case For Immigration Reform - Maureen Farrell - Scaling Up - Forbes (http://blogs.forbes.com/maureenfarrell/2010/11/23/startups%E2%80%99-case-for-immigration/?boxes=Homepagechannels)
It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.
�It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.
Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.
�Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�
Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.
Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�
Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.
Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.
The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�
The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�
Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.
Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�
It�s not just Google that�s worried about attracting and retaining top technical talent. However, the search giant�s recent 10% raise for all its employees is a leading indicator of the talent and compensation war surging through Silicon Valley, and among tech startups around the US.
�It�s the worst I�ve seen since the late 1990s,� says Bessemer Venture Partner�s David Cowan, who estimates that salaries for experienced engineers are up about 20% from before the crisis. Charles River Partners� George Zachary says it takes between $90,000 and $100,000 to land even starting engineers compared to $75,000 to $80,000 just six months ago.
Of the dozen venture capitalists and CEOs I spoke to who are seeing this trend, nearly all say a business-friendly immigration policy could help them find talent to help them grow startups.
�Everyone of my startups has an issue with trying to fill out their engineering headcount plan,� says Cowan. �There are lots of talented engineers around the world. If we invited them to participate in our industry here in the U.S. we would see more Googles and Facebooks.�
Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act, would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who�s received $1 million in equity investment in their company and would create 10 US jobs.
Expect a concerted push to reverse what�s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama�s National Export Council, advocates a policy of what he calls �staple diplomacy.� Explaining it he said: �Whenever there�s a student from anywhere in the world who is walking across the stage from a leading university getting his or her PhD or masters we should staple a visa there to him or her and say you�re welcome to stay.�
Immigration proponents cite studies by Duke Professor Vivek Wadhwa, who determined that immigrants created a quarter of all technology and engineering firms founded in the U.S. between 1995 and 2005. Foreign-born nationals residing in this country were part of nearly one-quarter of patents filed in 2006.
Right now entrepreneurs and businesses have two options to bring highly skilled international residents into the US: the EB-5 visa and the H1B visa. With the EB-5 visa, immigrant investors can obtain a green card if they invest $1 million into a new or existing business and create at least 10 jobs. Less than half of last year�s 10,000 EB-5 slots were filled. Eleanor Pelta, the President-Elect of the American Immigration Lawyers Association and a partner at the law firm Morgan Lewis in Washington says foreign nationals are wary of using these visas to start a new business because if a business runs into trouble and the company doesn�t employ 10 workers two years later, the investor will lose his or her provisional visa. �It�s a dicey proposition because you have to use your own money or secure it with your own assets and you might not get a visa at the end of it anyway,� she says.
The H-1B visa is for highly skilled foreign workers who will fill jobs that Americans can�t. US companies must sponsor these visas. The US caps this visa category at 65,000 individuals and it�s nearly always oversubscribed. Cleveland immigration attorney David Leopold and current President of the American Immigration Lawyers Association expects that this fiscal year�s (staring on October 1, 2010) visa slots will be filled by January of 2011. �So from January through next October, no companies can bring in skilled workers on these visas.�
The United States� Chief Technology Officer Aneesh Chopra says President Obama has tried to lower administrative barriers for bringing foreign nationals into the US for professional development. �In his first year the President wanted to make sure scientists around the world who wanted to visit the US to participate in conferences and seminars could do that,� says Chopra. �We have streamlined that process and efforts so they can participate in ways that are a lot more friendly to their participation.�
Many in Silicon Valley question how well even that move has worked. New Enterprise Associates Scott Sandell who invests in companies in Silicon Valley and China says it�s hard to bring in top executives from Chinese firms to meet with executives from his US companies. �Immigration agents are more overwhelmed and seem to have more trouble processing applications than they ever have,� says Sandell, noting that it�s been worse in the past six months.
Still both Chopra and Undersecretary of Commerce Francisco Sanchez say that Obama will put political capital behind immigration reform in the next Congress. �We are obviously committed to comprehensive solution for immigration reform,� asserts Chopra. �There are clear areas of consensus in this country around reform, and areas of high-growth entrepreneurship clearly might be one that we can take action on sooner.�
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hpandey
01-21 12:26 PM
1. It has nothing to do with immigration (unless you factor that "chinese mother" is an immigrant), which is why this thread is on interesting topics.
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Here's more critics who " love " her style of parenting ...
http://www.nytimes.com/2011/01/20/books/20book.html?_r=1
who the hell leaves their 3 year old out in the cold .
And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )
2 and 3. I had not even heard of the article until today and told the same to my doc. She brought up the topic because I am Indian.
4. Personally, after having read it, there are a few things I agree with the author and there are many I don't.
BTW, I had not read the CNN story either. Many of the things that I did not like in Amy's article are addressed in the CNN story!
Here's more critics who " love " her style of parenting ...
http://www.nytimes.com/2011/01/20/books/20book.html?_r=1
who the hell leaves their 3 year old out in the cold .
And btw how much she is Chinese is up for debate since she grew up here and can't even speak Mandarin... ( from the article )
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reddymjm
09-30 10:11 AM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
r u from NBKRIST?
r u from NBKRIST?
morchu
05-14 12:04 PM
Not true.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
tamil12
10-15 02:04 PM
I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.
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