mihird
03-15 10:50 AM
As such residency on h1b is extremely in recent times so I guess same is with fellowship.
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
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nashorn
08-12 03:14 PM
Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
desi3933
02-18 09:56 AM
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
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b_boy
08-28 03:58 PM
Pending too
more...
dxldad
05-19 07:42 AM
MurthyDotCom : I-485 Approval Possibility Issues: International Travel (http://murthy.com/news/n_intrvl.html)
zeta411
12-02 11:58 AM
Here is what I am going through.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
On November 17th night I received the news that my father died. Since I did not have AP, I had submitted the AP applicatoin online that night and called the USCIS the next day morning. They bumped up the request to extreme emergency and said that some one will contact me. Since I didnt receive any call for a couple of hours I tried followup a couple of times with USCIS and no one was ready to help except for the standard statement that some one will contact me in 5 days. Then I went to the local office in Chicago, where they said that since the people who who work on AP have already left(it was 3 PM), they will give the AP the next day. I went the next day morninig but the front desk person called the Nebraska office and spoke to them for a while and said that the supervisor has my case infront of him and he will make a decision very soon and I was asked have some patience. It is December 2nd now and I am still waitng for their decision.
I have not seen my father in 5 years and couldnt see him for the last time because my stupidity in not applying for the AP in advance and the USICS's apathy.
Please take this as a lesson and have the AP applied ASAP.
more...
pd2001_12
09-15 12:26 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
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pappu
08-22 08:06 PM
I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
more...
ksircar
07-30 08:39 PM
As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.
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Jaime
03-29 11:07 AM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
more...
vandanaverdia
09-09 02:09 PM
We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!
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rsdang
11-20 10:53 AM
http://cli.gs/De4Z4u
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Are we missing something?
I wish Nebraska did this too and for all forms not just I-140...
BTW, what's scary about this memo..
Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.
Are we missing something?
I wish Nebraska did this too and for all forms not just I-140...
more...
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bkr
12-06 09:17 AM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.
HTH.
I got all three AP documents back. I had an expired Visa stamp in the passport. They checked one of the AP document and gave it back after stamping it.
HTH.
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chapsi29
06-27 11:13 AM
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
more...
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rkotamurthy
09-29 10:20 PM
There are lot of action items post DC Rally/Lobby Day. If you have ideas for
increasing IV's publicity, visibility or member participation, this meeting
would be a good platform to brainstrorm. We will need to move into a high
gear and start agressive campaign in So Cal.
Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.
Please be assured that it will not be a wasted Saturday afternoon.:)
increasing IV's publicity, visibility or member participation, this meeting
would be a good platform to brainstrorm. We will need to move into a high
gear and start agressive campaign in So Cal.
Please join Local IV chapter and also attend Oct 6th meeting in Cerritos, CA. Meetings details can be found on Yahoo Group. For new members, this will be a great chance to meet and greet local IV members. For not-so-new members, this will be good chance to brainstrom about future actions.
Please be assured that it will not be a wasted Saturday afternoon.:)
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geevikram
04-30 09:44 AM
this is how cir will end..... with a procedural vote -
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
What does that mean?
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
What does that mean?
more...
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chaukas
10-15 01:39 PM
I work for a large ( very large ) software company ( No its not MSFT or Oracle ).
We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.
We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.
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ca_immigrant
03-25 04:39 PM
the one from vamsi has gone up to 116 now...
vote for a question folks....ask your friends also to vote..
does not hurt to try our luck...
vote for a question folks....ask your friends also to vote..
does not hurt to try our luck...
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tuhin
05-14 06:38 PM
RFE issued on May, 11th.
My lawyer has not received a letter yet, but I have kept him in the loop.
I am definitely worried.... fear of the unknown :mad:
Any ideas on what should I expect in the RFE?
....
EB3-I, Labor filed in Aug'2005.
I-485 filed in 2007.
My lawyer has not received a letter yet, but I have kept him in the loop.
I am definitely worried.... fear of the unknown :mad:
Any ideas on what should I expect in the RFE?
....
EB3-I, Labor filed in Aug'2005.
I-485 filed in 2007.
gc_kaavaali
11-14 04:31 PM
It is upto you...you can intimate them for job changes...or wait for USCIS come back to you...they usually send you RFE...if you want details about how to intimate USCIS, please take a look at below link...somebody got GC after invoking AC21...so it is upto you. As far as job description...your labor has good details...it covers everything...I think u r fine...you can go ahead and join compnay....but i am not an attorney...contact your attorney...
http://boards.immigration.com/showthread.php?t=153407
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
http://boards.immigration.com/showthread.php?t=153407
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
sac-r-ten
01-30 11:43 AM
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
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