kannan2010
11-12 07:15 PM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
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phillyag
07-17 10:41 PM
I am going to be filing amendment to my previsously filed app. to add my wife.
My lawyer said I can do that.
My lawyer said I can do that.
zdash
10-26 02:29 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
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GCchaos
10-23 09:27 AM
Hi everyone,
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
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06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj97_WwlavOlL-qf0VuuvC8LrORSPvS_cx4jIA0cs1KQJJGmrBArXIMUmawwMy3060q63FPTgPEJGtVGJRGkwGZKcFcJthRKeVuAnmtf_4Ic9GG2JLHL8VPrFakQdtSzdgkGYV_JYzbX6Dn/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj97_WwlavOlL-qf0VuuvC8LrORSPvS_cx4jIA0cs1KQJJGmrBArXIMUmawwMy3060q63FPTgPEJGtVGJRGkwGZKcFcJthRKeVuAnmtf_4Ic9GG2JLHL8VPrFakQdtSzdgkGYV_JYzbX6Dn/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
Dom_
07-30 03:20 AM
this one is very cool
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thakurrajiv
09-17 12:16 PM
This is interesting. Do you know more about the program ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?
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mbartosik
04-08 06:59 PM
I just spoke with Siva, and the funding might not be the issue with DoL. This might be a case of the "mythical man month" (training more people takes time).
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
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testsite
11-21 01:06 PM
Hello, I have a question I hope someone is able to answer :)
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
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eb3retro
07-08 08:47 AM
Guys,
Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.
anyone??? any thoughts???
Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.
anyone??? any thoughts???
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mbawa2574
03-11 05:49 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
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Butters
04-08 05:30 PM
Or the Microsoft Office ones...
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rameshvaid
09-15 07:29 PM
Members,
Please post all 2009 EB3 485 approvals on this thread.
Please mention the following details:
Approval Date:
Country chargeable to:
Priority date:
Are you a 245i beneficiary: Yes/No
Let us see whether any regular EB3 guys are getting approved as per latest visa bulletins.
There is no salt rubbing to anyone.. we all r in the same sinking boat.. To know, if some one got approved in EB 3 might give us some hope.. let's keep bumping it up even if there are none or few approvals..
If some one feels salt being rubbed on his...a...go keep washing and putting ice on it till you you feel comfortable..
RV
Please post all 2009 EB3 485 approvals on this thread.
Please mention the following details:
Approval Date:
Country chargeable to:
Priority date:
Are you a 245i beneficiary: Yes/No
Let us see whether any regular EB3 guys are getting approved as per latest visa bulletins.
There is no salt rubbing to anyone.. we all r in the same sinking boat.. To know, if some one got approved in EB 3 might give us some hope.. let's keep bumping it up even if there are none or few approvals..
If some one feels salt being rubbed on his...a...go keep washing and putting ice on it till you you feel comfortable..
RV
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sumit2007
05-27 03:15 PM
Hi All
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
I did paper based filing through lawyer on may 5 with check $340 has been encashed and I waited now 2 weeks but still there is no receipt notice in mail.
SO i called my bank and ask them whether there any receipt number on the back of check but agent told me that there are no 13 digit number just bank stamp and there is only one 9 digit number that he has given me but on the case status thats a invalid number
Please help as I am worried that if evry thing is fine or should I e-file as well as my licence is also expiring next month now how should get a reciept number
Thanks in Advance...
more...
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ajaysri
07-05 10:26 PM
Hi,
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
Thanks
AjaySri
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
Thanks
AjaySri
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leoindiano
07-23 11:17 AM
If someone dont get an LUD, he may still get GC. LUD does guarantee that someone touched your case. From , it appears most guys got GC without LUD's.
So, please dont panic if you dont get an LUD.
So, please dont panic if you dont get an LUD.
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neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
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newuser
05-23 05:10 PM
I called today morning. Arlen Specter's Washington phone - No ring tone. I will call him again.
Let the EB's FREEDOM begin from the KEYSTONE STATE
Hello Pennsylvania Residents,
Please start calling your Senators:
1) Arlen Specter 202-224-4254
2) Here's the response I received from Rob Casey(D-PA)'s office
- (202) 224-6324 The staffer I spoke to(male) said a lot of members from IV had called, and he said they had put forth some important points. Looks like his office is really listening.
Let the EB's FREEDOM begin from the KEYSTONE STATE
Hello Pennsylvania Residents,
Please start calling your Senators:
1) Arlen Specter 202-224-4254
2) Here's the response I received from Rob Casey(D-PA)'s office
- (202) 224-6324 The staffer I spoke to(male) said a lot of members from IV had called, and he said they had put forth some important points. Looks like his office is really listening.
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looivy
07-29 01:33 AM
Hi All,
My passport expires in 2 months time. I checked Indian Consulate in Chicago website for passport renewal (Passport and Consular Services (http://chicago.indianconsulate.com/Passpins.html#A). _New_Passport
). It instructs you to fill out an online application at https://passport.gov.in/nri/OnlineRegistration.jsp
What I am confused is in the second field "Service Desired", what do I fill? I do not know which of these two options I should fill (a) Passport for children upto 15 years (b) Fresh Passport (c) Re-issue of passport (d) New passport in lieu of damaged or lost passport. Options (a) and (d) do not apply to me. Should I fill (b) or (c)?
These options are a bit confusing and I could not locate any instructions for this web form. The consulate phone number just keeps on playing a 5 minute generic recording.
Any help is appreciated.
Thanks in advance.
My passport expires in 2 months time. I checked Indian Consulate in Chicago website for passport renewal (Passport and Consular Services (http://chicago.indianconsulate.com/Passpins.html#A). _New_Passport
). It instructs you to fill out an online application at https://passport.gov.in/nri/OnlineRegistration.jsp
What I am confused is in the second field "Service Desired", what do I fill? I do not know which of these two options I should fill (a) Passport for children upto 15 years (b) Fresh Passport (c) Re-issue of passport (d) New passport in lieu of damaged or lost passport. Options (a) and (d) do not apply to me. Should I fill (b) or (c)?
These options are a bit confusing and I could not locate any instructions for this web form. The consulate phone number just keeps on playing a 5 minute generic recording.
Any help is appreciated.
Thanks in advance.
keiryu
10-05 05:43 PM
Go to your nearest USCIS office with a copy of your application and a letter proving your emergency (if not in english, have a law office translate it). they should be able to produce an AP at the spot. My in laws just got their AP last week.
ssdtm
12-05 03:59 PM
Yes. There are people who never had H1 ever from cos, and still got their GC.
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