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  • brick2006
    04-21 11:44 AM
    I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

    My spouse is on H1..can i switch over H4..

    > My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

    so here is my dilemma::confused:

    a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

    b.) Can i file for H4 on my own..is it complicated?

    c.) if i change to H4..and my PD becomes current (PD Dec 2005)
    .) Can i file for AOS..as my 140 is approved..
    .) Suppose i go back to desh ..can i file for consular processing..if my PD become current


    thank you!




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  • rsharma
    07-24 06:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".

    Thank you attorney Sauer and all other IV members for replying to my question.
    I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
    Do they mean they will not pre adjudicate my case till visa number is available ?
    or
    Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?

    The processing dates are passed my received date and notice date in the processing center where my application is processed.

    Please let me know your thoughts.




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  • theperm
    05-07 02:49 PM
    since leaving the employer was not my intent but the employer`s decision




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  • martinvisalaw
    07-13 05:26 PM
    You shouldn't need an experience letter to apply for a H-1B visa, especially when the visa is for a different company. Eligibility for H-1B status doesn't depend on experience, it is education that is important.



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  • abhijitp
    01-25 02:42 PM
    I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!

    NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!

    Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!

    PLEASE.... this is the last call.. don't let us down!




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  • raysaikat
    01-06 03:33 PM
    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.

    Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

    Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

    "Evidence that the alien has judged the work of others, either individually or on a panel;"

    This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

    The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

    Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

    In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.



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  • pappu
    03-17 03:55 PM
    Upcoming Teleconference
    Export Controls Requirements on Form I-129: A Conversation with the Commerce Department

    March 24, 2011, 2:00 – 3:00 p.m. EDT

    The Ombudsman’s Office invites you to participate in a public teleconference on the new USCIS requirement on Form I-129 that asks certain petitioners to certify whether an export controls license is required for the release of controlled technology or technical data to a beneficiary. The Ombudsman’s Office will interview Commerce Department officials on when an export controls license is required and will moderate a question and answer session between teleconference participants and the Commerce Department officials.
    How to Participate

    To participate in these calls, please RSVP to cisombudsman.publicaffairs@dhs.gov specifying which call you would like to join. Participants will receive a return e-mail with the call-in information.

    Teleconference procedures

    1.
    To ensure your participation, we encourage you to RSVP 48 hours before the call.
    2.
    Please send us your questions and issues related to the teleconference topics ahead of the call.

    If you are unable to participate in these calls, please visit our Web page at DHS | Citizenship and Immigration Services Ombudsman (http://www.dhs.gov/cisombudsman) for upcoming teleconference dates. Also, if you have a topic of interest for a future call, please send it to cisombudsman.publicaffairs@dhs.gov.




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  • GC_dd
    10-15 02:19 PM
    I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.



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  • for_gc
    04-27 11:25 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.




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  • meridiani.planum
    08-12 05:40 PM
    if your applications are pending for over 6 months (approvable and your PD isc urrent for this long), file a writ of mandamus. Thats the only thing I have seen that moves USCIS to approve such old applications that are hiding behind the 'under background check' flag. Note that FBI namecheck is also now required to be completed within 180 days, so there is no excuse for an application to remain approvable but not approved beyond those timelines. talk to a good lawyer and pursue your case aggressively.



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  • Gravitation
    12-14 12:57 PM
    Please post the URL of the school you are attending.
    Thanks,

    babson.edu




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  • H1Girl
    10-13 02:52 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!

    As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )



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  • Mount Soche
    09-04 10:23 PM
    Don't know much about how long medical tests are valid for but for sure the test has changed. I medical took a test last year for the employer sponsored green card and just took another medical test in August for another green card petition and my doctor told me that they're much stricter with the TB section.
    I saw the form and it is totally different. They're asking for more detail.

    I had to take another vaccine, which wasn't required last year.


    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).

    As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?

    Thanks in advance for all your responses.




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  • ruchigup
    08-22 04:16 PM
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
    Yes my employer is supportive with respect to not revoking I-140.



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  • tinamatthew
    07-22 11:03 PM
    A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days. He stated "Applied for i140 premium processing on June 22nd, 2007" From what I understand, this new i-140 application was PPS and not an upgrade. The receipt date is the date USCIS date stamps the application. I think he will get his money returned as they have passed the 14 day deadline.

    A2: Most probably, that is what has happened.

    A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

    Good luck!

    Thanks,
    Jayant

    Thanks




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  • nk2006
    04-03 07:16 PM
    I am not sure if we are still updating the document to cite more examples. If so one another good candidate: Jeong H. Kim, President of Bell Laboratories. One of the most influential Asian American Technologist/Enterpreuner. http://www.achievement.org/autodoc/page/kim1bio-1
    http://www.lucent.com/corpinfo/bios/kim.html

    I am sure we can give many more examples (I can think of a few immediately in my area, Pradeep Sandhu founder of Juniper which employes thousands now; Desh Deshpande who co-founded Cascade/Sycamore etc; Hassan Mohammad, CEO of Sonus; Arun Netravali, former president of Bell Labs; Krish Prabhu, CEO of Telllabs etc.etc.etc.etc.)



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  • shana04
    06-03 01:58 AM
    My previous employer is not providing the document required in RFE in fact of format request.

    Is there any way we can get the documents from previous employer (desi)

    Thanks in advance




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  • jo3350
    05-13 10:16 AM
    President Bush is going to be giving a speech on Immigration this Monday at 8 p.m EST. Is there any way IV can get the Issue of Legal Immikgration addressed in his speech.




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  • ashutrip
    07-18 12:48 PM
    how long does it take to get Hard Copy of labor Approval from atalanta center?




    yanj
    12-14 11:58 AM
    I searched some ways to solve the GAP problem.

    Now I collect it and please correct it if I have some mistakes.

    GAP problem is a normal problem . So we can share our information about it

    to help each other.




    RandyK
    07-15 03:18 PM
    Congrats!!

    EB2 or EB3 ?



    All,

    Chennai Consulate has released the August appointment schedule on their site.

    http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf


    I got an appointment too.. yahoooooooooo...



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