chanduv23
11-14 09:40 PM
Super..if you are all charged up join your state chapter today and brainstorm with your peers and lets fight this together..but first things first JOIN YOUR CHAPTER..
He is in the Tri State Chapter and hope we will see some action from him soon :)
He is in the Tri State Chapter and hope we will see some action from him soon :)
wallpaper Another 3D #39;Journey#39; with
franklin
07-11 07:31 PM
Thanks everyone for your offers to help. The more volunteers the better, since it will decrease the number of phone calls for each person to make.
Please remember to send contact info (email address) to either gsc999 or myself
Please remember to send contact info (email address) to either gsc999 or myself
raysaikat
05-07 09:27 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
2011 The city in the sahara - BOOK
karthkc
05-23 01:07 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Is EAD to H1 a complicated process? If so what could be the reasons.
I still have 1.5 years on H1. I posted earlier but didn't get a clear idea.
more...
desighee
07-30 12:45 PM
Ab Toh Hai Tumse Har Khushi Apni, Tum Pe Marna Hai Zindagi Apni
Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)
Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)
Inteha Ho gayi Intezaar ki (Sharaabi)
YouTube - Inteha Ho gayi Intezaar ki (Sharaabi) (http://www.youtube.com/watch?v=qHR8WiH7kPM)
Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar
YouTube - Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar - Bahu Begum (http://www.youtube.com/watch?v=Eb6-WOOVJ64)
Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)
Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)
Inteha Ho gayi Intezaar ki (Sharaabi)
YouTube - Inteha Ho gayi Intezaar ki (Sharaabi) (http://www.youtube.com/watch?v=qHR8WiH7kPM)
Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar
YouTube - Hum Intezaar Karenge - Meena Kumari & Pradeep Kumar - Bahu Begum (http://www.youtube.com/watch?v=Eb6-WOOVJ64)
sam2006
07-18 06:59 PM
Yes you will still fall under July ..
The dead line is 17 Aug ...
please do sign up for monthy contributions :)
The dead line is 17 Aug ...
please do sign up for monthy contributions :)
more...
Bpositive
12-08 10:19 PM
by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
That's very useful feedback....appreciate it.
At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.
So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
That's very useful feedback....appreciate it.
2010 A Journey to the Centre of the
kk_kk
02-25 02:34 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
more...
gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
hair JOURNEY TO THE CENTER OF
transpass
04-23 09:34 AM
Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?
more...
morchu
04-27 05:18 PM
No. Applying for new H1-visa-stamp at a consulate, invalidates your existing H1-visa-stamp.
If the new visa is not granted or somehow one goes into 221(g)
waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
If the new visa is not granted or somehow one goes into 221(g)
waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
hot It#39;s like a ook hospital!
rvr_jcop
03-27 12:38 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
more...
house Jule Verne#39;s first ook though
irrational
04-04 02:34 PM
Our company went with a cheapo attorney.
But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o
But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o
tattoo and Journey to the Center
stxvr
07-20 03:44 AM
From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
4 Now imagine how many years it will take to cover up the number like 750000.
My analysis:
-Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
- Some may get GC after 10 years of filing A485.
- For atleast 10 years PD remains Unavailable.
What do you say on this?
more...
pictures Journey to the Center of the
kubmilegaGC
09-11 03:52 PM
bump...
dresses Journey to the Centre of
mohitb272
12-11 03:11 PM
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
Cannot agree with you more! USCIS - is any one listening???
Cannot agree with you more! USCIS - is any one listening???
more...
makeup Seeing as Journey to the
Macaca
03-28 04:27 PM
A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.
You can do labor certification without H1 as long as employer is willing.
You can do labor certification without H1 as long as employer is willing.
girlfriend A ook that has to remain in
Rohan99
10-29 01:27 PM
thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
hairstyles Journey to the Centre
venetian
07-06 11:44 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.
Thanks.
Thanks.
h1-b forever
07-16 09:58 AM
It will be very nice if anyone of you can help to my post.
"father FirstName and lastName reverse"
Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
"father FirstName and lastName reverse"
Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
johnamit
07-27 04:00 PM
I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.
Hope that helps.
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
Hope that helps.
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
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