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  • vin13
    12-08 04:56 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj

    The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?

    It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.

    When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.





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  • ar
    02-04 05:35 PM
    What would you need done
    I'll help out





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  • bluesandrams
    12-16 10:52 AM
    http://www.indianexpress.com/sunday/story/250682.html


    THE BRAIN RAIN
    PALLAVI SINGH
    Posted online: Sunday, December 16, 2007 at 0000 hrs Print Email
    Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema.

    Related Stories

    MOON VILLAGEGREEN BUCKSBARGAIN BRIDESNIGHT WITHOUT ENDBang for the buck

    Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema. Every morning while cycling his way to his tiny office at the Indian Institute of Technology-Delhi (IIT-D), he mingles with his students. In fact, he�s often mistaken for one. But he dispels the impression with a firm, �I�m here to teach.�

    And if you ask his seniors at the institute, this simple statement from the US-returned electrical engineer means a lot to IIT-D these days.

    Contrary to what most IITians with a BTech degree in hand and a foreign stamp on their post-graduate degrees did in the 1980s and �90s, Chatterjee abandoned his dollar dreams at the Silicon Laboratories in the United States to join the institute in November last year. A PhD from Columbia University in New York, Chatterjee says he knew all along that teaching and research were his �true calling�.

    He is not alone. The 38 other men and women who have filled up faculty positions at IIT-D in the last 18 months, would agree. The new recruits, many of them under 35, reflect a trend that is slowly picking up across all the IITs. Most of those who have joined are either first-time teachers or have taken to teaching after a few years of experience in the industry.

    For 32-year-old Anirban Mahanti, for example, teaching at IIT-D is a job change for the better. The shift from a three-year-stint as an assistant professor at the University of Calgary in Canada to teaching at IIT-D may have meant a �big downer� financially but in terms of freedom in research work, the gain, he says, cannot be translated into monetary terms. �In industry-based research, you just do what the company wants you to do. Here at IIT, we set our own pace and do what we want to do,� he adds.

    While Prof Bijendra N Jain, Deputy Director (Faculty) at IIT-D, insists that the emphasis on recruiting young faculty is not new, he admits much is being done to �incentivise� the lot.

    This month, IIT-D introduced the Outstanding Young Faculty Fellowships. The fellowships, currently numbering 26, offer Rs 1 lakh per annum to the select faculty for a period of five years. Jain says IIT-D hopes to launch about 500 such fellowships in the next five years.

    �Creating fellowships are most important to us now than anything else. Return on money invested in a young faculty usually exceeds everything else. They are young, enthusiastic and several of them have left lucrative jobs abroad to join us,� says Prof Jain.

    The institute has also asked the Department of Science of Technology under the Ministry of Science and Technology to launch at least a thousand fellowships for young science teachers across the country.

    Similar efforts were made at IIT-Bombay when the institute announced a signing bonus of Rs 3 lakh for its new faculty with help from its alumni. It even significantly increased seed research grants to Rs 10 lakh to new faculty members from Rs 3 lakh in previous years.

    Educationists say compensation packages are the need of the hour to build a pool of young teachers as a large number of faculties across IITs, hired at a time they were being set up in the 1950s and 1960s in anticipation of excellence in science and engineering education, are nearing retirement.

    �The faculty was recruited some 30 years ago. Only a few years ago, we realised the fact that many of them would be retiring,� explains MS Ananth, director, IIT-Madras.

    While IIT-Bombay has a faculty strength of 420 with about 100 vacant positions, it is not alone. Figures at the seven IITs reveals an estimated, cumulative shortage of at least 900 faculty members.

    At IIT-D, about 20 percent of faculty positions are vacant. Further, according to a report prepared by its alumni association in 2004, more than 20 per cent of its most experienced faculty would retire in the next seven years.

    The shortage is most acute in IIT Roorkee, which has a sanctioned strength of 575 but only 345 on the rolls.

    So, IIT-D, along with IIT-Kanpur, IIT-Roorkee and IIT-Madras, has standing advertisements for faculty positions in all departments. And, the progress has been �good� as against a �dull response�� until a couple of years ago. �About 50 per cent of the applications we receive now are from teachers settled abroad. They all want to teach at IITs,� says Prof Jain of IIT-D.

    The recent recruitments have pushed the number of teachers aged under 35 from 15 to over 30 at IIT-D and �Brand India� is one of the reasons behind the rising numbers.

    In the 1990s, Prof K Achuta Rao, now 43, would come looking for research jobs in the field of climate change in vain. �Two things have happened since. First, the Government is encouraging quality research and second, a great research pool is being created here with the advent of big research labs setting up shop here. This is the time to be in India and be part of the changes it is undergoing,�� says Rao who joined IIT-D this June after working in the US for over two decades.

    While Rao�s decision to come back to India took two decades, young IITians have decided pretty early. Statistics show that only three of IIT-Kanpur�s 273 BTech students and two from the integrated MSc course went abroad last year. All others�267 MTech students, two-year MSc grads and MBA�-stayed back in the country. In Delhi, of the 1,000-odd job seekers, only one student went abroad to join a financial consulting firm. At IIT Mumbai, 95 per cent of the students were placed in India while in Madras, only two BTech students went abroad.

    But the lot willing to take up teaching and research is �still a faraway dream,� says Mahanti. �You can�t say that the US hangover is over. But there has been some sort of reverse drain. That doesn�t mean we should no longer be worrying about brain drain,� he cautions.





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  • veereddy
    07-14 12:25 PM
    We traveled thru Frankfurt last September, no need of transit visa, no issues, everything was smooth.



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  • dontcareanymore
    05-12 12:51 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>





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  • glus
    11-20 06:50 PM
    Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

    Extract from the instructions of I 131 form
    If you travel before the advance parole document is issued, your application will be deemed abandoned if:
    A. You depart from the United States; or
    B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


    - good luck
    kris
    Kris,
    Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

    Regards,



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  • vjkypally
    01-24 12:48 PM
    Yeh you guys are right, almost everyone is doing it. Don't know whats up with her.....





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  • LostInGCProcess
    11-06 04:13 PM
    OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?

    I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.

    confirm with an attorney.



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  • shruthi07
    01-14 07:20 PM
    Your wife has valid legal status till July 2008. The Officer at the POE should give the I-94 date as July 2008 as visa is used only for entering the country before June 2007. If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected. My friend has been in the same situation and was given the later date at POE.





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  • jliechty
    November 17th, 2004, 08:17 PM
    Bounce flash is a good idea, but you need 1) a powerful flash, and 2) to keep a good distance from the subject. If you get too close, as I painfully learned from a few rolls of slide film shot over recent trips to visit family, the flash goes up to the ceiling, and comes straight down again, leaving eyes in soft but ugly shadow (fortunately, the rest of the photo was well exposed, so I think it can be rescued in PS).

    Flash photography is a lot of complexity for a beginner (I feel like a total newbie at flash, and I think I'm not doing too badly on basic exposure of ambient light with a few years' practice), and even modern ?-TTL flash can screw up if used without the photographer's thought or intervention, though probably not as much as the old-style auto flash that I'm using. Of course, there's an almost foolproof way to do flash - using guide numbers - but who wants to spend ten minutes digging for the calculator to figure out flash exposure for each shot, and then being stuck with one aperture dictated by flash power and subject distance?



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  • jasmin45
    08-06 10:23 AM
    Hello everyone,new to the forum
    Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
    So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
    I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
    I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.





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  • nozerd
    02-02 12:55 PM
    You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
    Just make note that they are not open on Weekend. You can only apply for SIN on weekday.



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  • techysingh
    01-15 10:17 AM
    You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.

    Here is my story. I am writing it for the benefit of all IV people in similar situation.

    I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.

    Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.

    I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008

    Now this scenario had a few gochas in it

    If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.

    In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.

    This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.

    Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
    All the best





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  • urstruly
    07-27 03:32 AM
    Can somebody please respond????



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  • GCapplicant
    07-11 10:22 AM
    Its nice to see EB2 I moving forward...but will this fail the recapture bill for retrogressed countries?

    what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?





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  • krishmunn
    05-10 02:54 PM
    so true hawaldar sahib !! then applies to me too, I am replying to this thread !!!

    BTW...hawaldar sahib , aap kuch kaar nahi sakte kya ? hawldar ho...? kuch tho karo yaar !!!:)

    (transalation, hawaldar means police, I am requesting the cop to so something aobut it)

    Chahe to chai-pani le lo. ;)

    (translation: if you wish we will pay you bribe too)



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  • glus
    02-27 09:13 AM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.





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  • brit_gc
    05-04 12:46 PM
    I had an RFE which they received on Feb 8th, still no response after 12 weeks.
    Is there anything to do here, or just wait and twiddle my thumbs?!




    Current Status: Response to request for evidence received, and case processing has resumed.

    On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • sanju
    01-20 01:41 PM
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    desi3933
    02-25 01:08 PM
    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

    >> Since she is currently on an H1B, her previous H4 stamp is invalid.
    Incorrect. Total BS in your post.

    Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.

    __________________
    Not a legal advice.
    US Citizen of Indian Origin





    ash0210
    09-08 08:01 PM
    Interesting thread but NO Radio Button to vote...


    Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.



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