lazycis
01-12 07:53 AM
I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
desi3933
05-20 06:00 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
What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.
It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.
Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.
___________________
Not a legal advice.
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
What was the minimum educational qualification to get admission for 3 year Diploma? If it was grade 10 (or class 10 as called in India), then it is equivalent to 10+2+1. It does not matter what was your qualification when you took admission in that course. Most of the polytechnic diploma programs require Grade 10 as educational qualification to join the diploma program.
It the minimum qualification was grade 12th, then it is equivalent to Associate Degree.
Even in India, polytechnic diploma are equated to 10+2+1, that's the reason why polytechnic diploma holders get entry to 2nd year of 4 year bachelor of engineering degree course.
___________________
Not a legal advice.
milind70
07-26 11:06 AM
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.
va_labor2002
10-25 09:25 AM
Yeah! You are right. I will post one too.
I posted my comment about legal High Skilled immigration.
See my comment #263
I posted my comment about legal High Skilled immigration.
See my comment #263
more...
transpass
10-02 12:22 PM
Whenever there is a tech system upgrade, especially of this magnitude, there are bound to have glitches, problems, etc...I wonder how smoothly the integration will go. Hopefully, all will be well and does not affect the productivity at CIS...The productivity is already so low at CIS...Hoping for the best...
hebbar77
12-16 10:43 AM
I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.
more...
ras
06-17 01:15 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the approved I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
vensun
05-19 04:27 PM
I know it is basic question, but after reading the thread just got dought.
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
more...
Canadianindian
07-06 11:25 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
This is what I asked:
Can the USCIS explain the mental, physical and financial trauma caused to 400,000 LEGAL immigrants. This illegal and reckless actions by the USCIS needs immediate attention by the law makers.
What is USCIS doing to address this 300 million dollar fiasco. We need some response and justice. Please help (www.immigrationvoice.org)
ArkBird
08-05 02:02 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
If that happens I will start walking with my hands instead of my feet... ;)
If that happens I will start walking with my hands instead of my feet... ;)
more...
TheOmbudsman
09-01 04:16 PM
My favorites are "The Bee" and Learning01.
me too. I am a big fan of bee, logiclife, sunjoshi.
me too. I am a big fan of bee, logiclife, sunjoshi.
hobbyaddict
November 30th, 2008, 03:04 PM
If there are any Nikon folks looking for an extra camera or upgrade ... Abe's of Main has a great deal on the D300 (USA)... $1300.00 with 4gig memory card + free shipping.
MUST INCLUDE coupon codes... expires tonight @ midnight
DS160X (160.00 DISCOUNT)
LOYALTY10 (10.00 Discount)
-Ed
MUST INCLUDE coupon codes... expires tonight @ midnight
DS160X (160.00 DISCOUNT)
LOYALTY10 (10.00 Discount)
-Ed
more...
eb3_nepa
01-25 03:53 PM
Hi,
I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.
The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.
I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.
I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.
The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.
I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.
TomTancredo
01-11 04:21 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
more...
pathmaker
09-22 08:56 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Anybody has information to offer for such a case ?
Thanks.
write the following on the envlope using marker
DO NOT OPEN IN THE MAIL ROOM
and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current
Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
more...
sheela
10-04 02:45 PM
Receipt date Jul 2
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
This transfer is delaying fp. We had fp done on 9/19 but my daughter's 485 filed at NSC was transferred to CSC ( i got r n with wac....) saw 2-luds last one on 10/3 said your case transferred from CSC to TSC. Now hopefully fp will be generated from TSC. Hopefully in next week or so. What a mess NSC>CSC>TSC
TexDBoy
02-06 03:32 PM
Hi All,
I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.
Is this really true?
Thanks,
Kaushik
Hi Kaushik,
Are you filing an H1B Amendment to reflect your new position
I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.
Is this really true?
Thanks,
Kaushik
Hi Kaushik,
Are you filing an H1B Amendment to reflect your new position
prp925
02-10 08:21 PM
Congrats for getting a green card. Lucky you!
meridiani.planum
01-08 12:03 AM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
rbharol
01-20 02:48 PM
This was expected.
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