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03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
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pappu
01-01 06:31 PM
IV has been featured in India Post newspaper.
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org
thanks
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org
thanks
uscisc
09-10 05:56 PM
You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.
But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.
In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.
But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.
In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.
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jliechty
December 20th, 2004, 10:12 PM
Our 4-H photo club met this (well, yesterday now - it was Monday) evening, and the leader brought her new D70. She knows that I'm interested in DSLRs, so she let me shoot it for about 15 minutes with my CF card. I brought home six NEFs (from about 10 or 11 shots, but I deleted a few in the process of "exposing to the right").
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
The ergonomics were great from my perspective (of having never touched an autofocus SLR before in my life). After a few minutes I had the basic settings in the menus and the exposure compensation figured out, though I didn't even bother with the built in flash (I put on my Vivitar 285HV for a few shots instead).
After seeing the results of 1600 ISO (the first few were shot on this as I hadn't figured out how to change the setting yet), I don't know why you guys complain about noise so much. This thing at 1600 indoors at night beats my P&S at whatever ISO it uses in overcast daylight! Well, maybe that exaggerates a bit, but certainly not much.
Anyway, I should stick on a photo for everyone to view... This was shot in NEF, converted with the Adobe converter with Photoshop CS, and then received a light Curve to enhance contrast, a warming filter because I wasn't quite happy with the white balanced I converted the file with, and no noise reduction. Oh yeah, I applied a bit of sharpening; if anything, I try to stay on the conservative side there, since I'm not that familiar with telling how much is too much.
http://www.dphoto.us/forumphotos/data/1037/46cheryl.jpg
Here it is in the gallery (http://www.dphoto.us/forumphotos/showphoto.php/photo/14165/sort/1/cat/1037/page/1) so you can see the EXIF...
more...
GC_1000Watt
07-08 12:26 PM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
pointlesswait
03-06 09:55 AM
Arent you allowed to apply for OPT only after you express ur desire to "graduate"?
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
more...
arihant
03-26 07:10 AM
Anyone interested in meeting lawmakers in Houston area email me at meetthelawmakers@yahoo.com. Also , do mail your phone number so, that we can arrange this asap!
Please check your PM.
Please check your PM.
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paddy.
06-24 06:37 PM
Grinch got my my vote. His second volley with the light burst is fantastic looking. Nice work guys keep it up.
more...
sabgau
03-14 03:10 PM
Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.
thanks
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clear485
08-21 11:50 AM
Anybody?
PD : 2003-Jan - EB2 (India)
RD : 2003-Nov
Inquired through Service Request(4)*, Infopass(12), Congressmen(2), Senator(2), Ombudsman(2), AILA(1), Letter to VP(1), Letter to FL(1), FOIA(1)....
Only WOM is left....
*() - No of times
Had 8 lbs of inquiry papers, applications with me so far.....If I go for WOM then it might reach to 12 lbs.....
PD : 2003-Jan - EB2 (India)
RD : 2003-Nov
Inquired through Service Request(4)*, Infopass(12), Congressmen(2), Senator(2), Ombudsman(2), AILA(1), Letter to VP(1), Letter to FL(1), FOIA(1)....
Only WOM is left....
*() - No of times
Had 8 lbs of inquiry papers, applications with me so far.....If I go for WOM then it might reach to 12 lbs.....
more...
gconmymind
03-31 05:41 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
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copsmart
02-26 10:32 PM
4. Consult an immigration lawyer ASAP
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
more...
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shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
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GCBy3000
07-08 10:06 AM
It is illegal if the part time employer paid you directly. However, I believe it would not be illegal if you were paid by one employer.
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
more...
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utthesta
10-09 09:44 AM
Why is receipt date different on the I485/EAD.
I am reading some of the posts from other members.
Their receipt data on the EAD is different(at least 1, 2 months delayed) from the date USCIS actually received their application. I thought USCIS is going to honour the actual date when they received the application by mail.
It is obviously more than 2 months late for many of the applications.
If some one to use AC21 portability, what exact date is honoured? the date when USCIS received the application or the receive date printed on the EAD?
Is the date when USCIS received is stored some where?
In my case, I filed my I485 on July27 at TEXAS Service Center, I received a notice on Oct 6 from CALIFORNIA Service Center, Details below :
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Receipt Date : Oct 1, 2007
Notice Date : Oct 2, 2007
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 2, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.....
Now, I am not sure, what exactly is my Received Date. And how it went to California Center? I have confirmation from FEDEX tracking that it is delivered to Texas Center.
I am reading some of the posts from other members.
Their receipt data on the EAD is different(at least 1, 2 months delayed) from the date USCIS actually received their application. I thought USCIS is going to honour the actual date when they received the application by mail.
It is obviously more than 2 months late for many of the applications.
If some one to use AC21 portability, what exact date is honoured? the date when USCIS received the application or the receive date printed on the EAD?
Is the date when USCIS received is stored some where?
In my case, I filed my I485 on July27 at TEXAS Service Center, I received a notice on Oct 6 from CALIFORNIA Service Center, Details below :
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Receipt Date : Oct 1, 2007
Notice Date : Oct 2, 2007
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 2, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.....
Now, I am not sure, what exactly is my Received Date. And how it went to California Center? I have confirmation from FEDEX tracking that it is delivered to Texas Center.
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dskhabra
02-03 09:49 AM
I also heard that they are sending about 1500 people back to India..
more...
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watzgc
11-05 04:27 PM
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
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santb1975
03-14 06:43 PM
This is awesome
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
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mbawa2574
07-30 06:41 PM
I am ready to Volunteer.
Alice141
03-26 02:52 AM
Hi All,
I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.
I have indefinite leave to remain in the UK but am not a citizen yet.
The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...
Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?
Thanks all very much,
I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.
I have indefinite leave to remain in the UK but am not a citizen yet.
The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...
Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?
Thanks all very much,
sreddy80
10-19 10:14 AM
Dear Immigration Attorney,
I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?
Please help...
I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?
Please help...
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