Jen2010
12-06 04:55 PM
Dear BimmerFan,
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
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need4gc
09-10 11:08 AM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
immique
04-13 01:38 AM
it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.
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nousername
04-07 01:12 PM
What the hell.. Can someone please explain this in plain English?
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
more...
sina
04-16 08:47 AM
I am also planning on changing location from one state to another but the job is still with the same company (just moving to a different branch). My lawyer said it will not affect my GC but I have to get a new LCA for my H1. I still do not understand how this will not affect my GC (I have a approved 140 and waiting to file 485). Is there a way this is possible like if the labor is filed from the corporate office and has nothing do with branch locations?
I just want to make sure it is safe before I move.
Any help is appreciated.
I just want to make sure it is safe before I move.
Any help is appreciated.
freakin_gc
02-12 02:03 PM
My EB3 I-140 and I-485 (India) is pending from NSC my PD is Aug 2004.My wife is a citizen of South Africa she is also in H1B visa and derivvative of my I-485.Now it is possible for me to change the country of chargeability to South Africa, If possible can we able to get our GC in the month of March?
more...
GCWhru
08-20 01:31 PM
Also one strange thing observed was that I have a receipt # SRC07264**** and my wife's case has a receipt # SRC07266****. Also we received the receipt notices 2 days apart.
IndiaNJ , GCWhru... Do see any thing like this on your receipt dates.
Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.
IndiaNJ , GCWhru... Do see any thing like this on your receipt dates.
Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.
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pappu
08-10 03:58 PM
Thanks for your contributions.I joined IV in the 3rd week of July 2007 when I was randomly searching for information. I did my first one time contribution right on the day the great news was released on 17th July. I have started my $50 monthly starting August 2007.
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
more...
franklin
02-08 04:03 PM
Love to take the poll, but it is excluding all but a section of members - you take it for granted that this is an Indian only forum and organization
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meetpravee
04-19 12:59 PM
Google for FASA and try to fill in the application for federal aid online. It will most probably be rejected as federal government does not provide loans for foreign students. But you need to fill in this to apply for loan in any major banks like chase, bank of america or wells fargo, salli Mae etc.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
After you get rejection from FASA call any of the major banks and try for a loan. If you have a guarantor in United States with good credit score the loan will easily get approved. Even if you dont have some guarantee, just call these banks and give it a try. Who knows, you may be lucky and you might get a loan.
more...
jthomas
05-17 08:36 PM
Welcome to IV, since this is your first post.
1. when is your PD?
If your PD is nov 2008, it would take a long time (many many years) to get your GC.
I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?
If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?
(your questions does not look normal)
J thomas
Hi Folks
1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
2) I got EAD and I am waiting for my GC.My 140 Is also approved .
I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
I believe I applied via NE Processing Center.
How long before I get my GC.
3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
What about the FBI name check thing - is that going to cause delays
4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .
MANY MANY MANY THANKS.
DHANYAVAAD
Please somone reply
Thanks
Sam
1. when is your PD?
If your PD is nov 2008, it would take a long time (many many years) to get your GC.
I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?
If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?
(your questions does not look normal)
J thomas
Hi Folks
1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
2) I got EAD and I am waiting for my GC.My 140 Is also approved .
I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
I believe I applied via NE Processing Center.
How long before I get my GC.
3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
What about the FBI name check thing - is that going to cause delays
4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .
MANY MANY MANY THANKS.
DHANYAVAAD
Please somone reply
Thanks
Sam
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morchu
04-21 01:40 PM
Wrong.
H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.
So "brick2006", theoreticaly can file for AOS, even when he is in H4.
-Morchu
....To file AOS once PD is current, it is essential that one be in H1-B status.
H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.
So "brick2006", theoreticaly can file for AOS, even when he is in H4.
-Morchu
....To file AOS once PD is current, it is essential that one be in H1-B status.
more...
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kminkeller
03-09 01:51 PM
Thanks va_dude.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
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pablo8000
04-16 07:36 PM
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
more...
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coopheal
07-26 11:39 AM
I have added my experience on wiki. Please add the banks you used here..
http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India
http://immigrationvoice.org/wiki/index.php/Sending_Money_to_India
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amsgc
04-04 10:56 PM
Thanks for posting this link - it is very useful.
I had not seen an update from USCIS yet that explained clearly the severity of the backlog. Next time we do an interview/radio show etc., it may be a good idea to point to this press release by the USCIS. We often hear that some congressmen are not convinced that it takes more than 7 years to get a GC. Next time we do a letter campaign or meet with a congressmen, let us print this out and take it with us.
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
I had not seen an update from USCIS yet that explained clearly the severity of the backlog. Next time we do an interview/radio show etc., it may be a good idea to point to this press release by the USCIS. We often hear that some congressmen are not convinced that it takes more than 7 years to get a GC. Next time we do a letter campaign or meet with a congressmen, let us print this out and take it with us.
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
more...
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chanduv23
11-10 03:35 PM
--- bump ---
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
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gconmymind
05-12 06:59 PM
Absolutely
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
the only requirement is if we can strictly follow what has been mentioned in the post.
Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?
i think the answer in my case is yes.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
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reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
jediknight
09-16 02:05 PM
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
seeking_GC
09-23 06:31 PM
Thanks for this info. Would you mind sharing the fax number? Thanks in advance.
I assume you mean the fax number for NSC - it is 402-219-6171.
I assume you mean the fax number for NSC - it is 402-219-6171.
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