Saturday, June 11, 2011

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  • perm2gc
    06-16 05:52 PM
    I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


    I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
    you can maintain dual status .




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  • dxldad
    05-12 01:30 PM
    I don't mean to hijack the thread and my PD is 2010 anyway but I have a question also.

    We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?

    All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.

    looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.

    The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.




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  • qtoask
    07-11 01:06 AM
    USINPAC: Not sure they have co-ordinated as per my understanding, Does CORE knows??


    Definitely they have not started this campaign.



    As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign.




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  • ksircar
    01-25 10:18 AM
    As far as I remember, it was discussed earlier in 2006 and we came to the conclusion that Govt. of India has no ineterest in this matter.



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  • veni001
    05-19 10:38 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks

    I think it is equivalent to Associate degree!!




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  • Lewwy
    10-28 06:34 PM
    Wehey - I can do all that (- website layouts) and I havent had classes yet :)
    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?



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  • songlan
    12-05 08:16 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney




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  • texanguy
    08-12 02:30 PM
    bump



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  • dish
    03-23 11:23 AM
    http://www.immigration-lawyer-us.com/images/talent-bill.pdf




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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html


    ----
    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02


    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.



    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.

    wadhwa@duke.edu

    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.



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  • sanju
    11-27 11:36 PM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001

    If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.

    If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.



    .




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  • gk_2000
    05-02 07:05 PM
    trojan -- Thanks, even I found your posts helpful. Sounds like a good idea :)



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  • uma001
    05-07 10:34 AM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

    Oh, So the project ended after 4 months. Then you do not need to pay a dime to Company A. In that case, Company B might have already informed company A that project ended and no more billing. If company B has not informed company A, that is Company b's problem. SO you do not worry as long as you havent signed any contract.




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  • krishnam70
    08-14 12:30 PM
    This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.

    That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.

    Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.

    There was a thread on IP some time ago on this.

    One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?

    The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.

    Please check with proper source before you embark on this path to avoid any future problems



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  • ABC of GC
    06-14 12:57 PM
    I think I am in the same boat,

    I am almost ready to file 3 years H-1 extension based on I-140 approval and priority date not current (as of day before yesterday that is what we all knew). Since I don't have 365 days for the labor filing, I am not eligible for 1 year extension.

    I wrote that to my lawyer and they told me that we can still file before the end of June using premium processing since the priority date are current effective July 1st. But they don't know how USCIS will act. They may approve the extension for 3 years or they may deny the extension.

    What you guys suggest.


    Completed initial 6 years of H-1 in December 2005
    Priority Date October 19th, 2006
    I-140 approval - April 13th, 2007
    Current H-1 expires October 15th, 2007




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  • gsc999
    09-01 12:59 PM
    That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think he was abducted by aliens, because he is one.

    I wanted to start this thread in members only, but it wouldn't let me.

    Thanks.
    ---
    It is good to know that BerkleyBee is doing well.

    Infact, I became a member after watching BB's presentation on IV.



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  • Madhuri
    06-15 12:16 AM
    I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


    I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.

    You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.




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  • gcdreamer05
    01-21 02:17 PM
    What an irony, these guys will not let us file nor to withdraw, :mad:




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  • veni001
    01-31 12:02 PM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.

    That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)




    MightyIndian
    10-04 11:02 PM
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    Macaca
    04-27 01:27 PM
    MIT Dean Says She Lied on R?sum?, Quits (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/26/AR2007042602333.html), Associated Press, Friday, April 27, 2007

    Marilee Jones, a prominent crusader against the pressure on students to build their r?sum?s for elite colleges, resigned yesterday as dean of admissions at the Massachusetts Institute of Technology after acknowledging she had misrepresented her academic credentials.

    Jones has been a popular speaker on the college-admissions circuit, urging parents not to press their kids too hard, and has told students there are more important things than getting into the most prestigious colleges. She rewrote MIT's application to get students to reveal more about their personalities and passions and to de-emphasize lists of their accomplishments.

    But Jones, dean since 1997, issued a statement saying she had misrepresented her credentials when she came to work at MIT 28 years ago and "did not have the courage to correct my r?sum? when I applied for my current job or at any time since."

    MIT Chancellor Phillip L. Clay said in a telephone interview that another MIT dean had received a phone call questioning Jones's credentials, prompting an inquiry that took several days. It found that Jones had claimed to have degrees from Union College, Rensselaer Polytechnic Institute and Albany Medical College, but she had no degrees from any of those schools.

    Jones had become one of the most public voices urging parents, students and especially colleges themselves to "lower the flame" surrounding college admissions.

    Last year, she co-authored a book on the subject, "Less Stress, More Success: A New Approach to Guiding Your Teen Through College Admissions and Beyond."

    "We're raising a generation of kids trained to please adults," Jones told the Associated Press in an interview last year. "Every day, kids should have time when they're doing something where they're not being judged. That's the big difference with this generation. They're being judged and graded and analyzed and assessed at every turn. It's too much pressure for them."



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