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  • WaldenPond
    12-31 08:34 AM
    --------------------------------------------------------------------------------

    As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.

    I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.





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  • dingudi
    02-20 02:36 PM
    Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

    We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

    Gurus - Please advise.

    rbalaji,

    If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

    Looks like they have begun processing applications filed in July 07.





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  • sundarpn
    01-02 06:33 PM
    Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?



    I have the same question and a few more:

    I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).

    So what are the problems/implications becasue of this? Are we still on H1b status?

    Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?

    In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?

    I understand that these are very low level questions and better to consult an attrorney etc.





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  • ivgclive
    05-10 01:15 PM
    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.

    June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.

    May be they are going to audit your case along with 10 FBI agents.



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  • immi_enthu
    08-07 10:30 AM
    Relax guys...sorry ..

    do you need to use these kind of words for posting a thread which I did by mistake?


    By Mistake ha ?

    The following is in today

    Posted by wikiuser (394) 9 hours 26 minutes ago
    Folks - August Visa Bulletin is out.

    EB1 - Current
    EB2 - Jun 1 2006 (Unchanged) for India/China
    EB3 - Unavailable.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html (reply) (report this)

    Posted by wikiuser (394) 9 hours 23 minutes ago
    Haha - Was just trying to be funny :)





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  • BraveMadMan
    07-17 11:55 PM
    Totally agree. Let's relax for a few days, and then move on to tackle the issues



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  • pan123
    11-04 04:14 PM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,
    pan123





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  • whiteStallion
    06-18 06:28 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.
    Most things in Business run on 'the word', and a non-compete is one of them.
    ...


    Completely wrong ! In IT, there have been lot of lawsuits over non-compete agreements... the last and famous one being between Microsoft and Google over a high level Microsoft employee leaving them and joining Google...

    I personally know a few people who have paid back in excess of 20k to their ex-employer, because they chose to ignore the non-compete agreement which they signed earlier and joined the end-client directly and got sued...

    Pady, in your case the major issue can come from your employer as he is losing out on this deal... He can sue you due to loss of revenue, if you had signed any employment agreement with him, which has a non-compete clause i.e. prohibiting you to work for any competing vendor or client... Review your employment agreement, if you have one.



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


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

    Related Stories

    MOON VILLAGEGREEN BUCKSBARGAIN BRIDESNIGHT WITHOUT ENDBang for the buck

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





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  • gvenkat
    03-20 04:04 PM
    i think any form of protest will get u arrested.. rally is a diff thing... ppl have to realise all these immigration benefits are a privilege and not a right... its just so plain unlucky that so many of us with Master's Degree were forced to file in EB3.

    Change of government is the only way. Bottom line is no one cares about us... cos we dont have a vote, we play the taxes, we pay SS/Medicare.. they know we will be here until we are forcefully pushed out....

    P.S: before anyone starts a question asking what i have done.. I'm a responsible "immigrant" and have done and will do whatever i can



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  • nashorn
    12-12 02:47 PM
    Hi,

    I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
    Alien # starts with A. The one your have is your A#, the one you had during OPT is not a A#.





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  • Junky
    09-10 08:17 AM
    Please call congressmen to support HR5882.

    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
    Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
    Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
    Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
    Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
    Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
    Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
    Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
    Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
    Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
    Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
    Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
    Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)

    My apologies for re-posting...
    but looks like we are all late... in the GC waiting game:rolleyes:
    Hard to remain hopeful



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  • StarSun
    02-07 09:44 AM
    Members with questions, take this opportunity to clarify your doubts from these reputed lawyers.





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  • PresidentO
    02-07 01:19 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Does she have a 4 year PT degree? Most probably yes, as most schools in India have retired the 3 year PT program but just check out. If by any chance she has the 3 year degree, her degree is most likely not recognized.

    She cannot get a H1 filed on Mar 31st and start working.

    She has to do

    Long term plan

    (1) Join a school here, get her masters in PT, and on the side prep/pass the licensing exam NPTE. Passing NPTE is critical and one needs to score between 75 and 80 percent to clear the exam. Then do type II certificate (http://www.fccpt.org/forapplicants.html#typeII) for her visa screen and then get hired as PT. Hope that the PT and nurse caps open up and file for GC. See that TOEFL can be a requirement, but if she got admitted into a PT school she already has TOEFL.

    Short term plan

    (2) File for Type 1 Certificate. (http://www.fccpt.org/forapplicants.html#typeI)

    I dont see the NPTE as a requirement here but I believe at some point the state agency will say, enough of work on the Type I certificate and now lets do the NPTE. Some states already have 6 month limit and you should clear NPTE by end of 6 months to continue working as a PT.

    Both these will take alteast 3+ months to be processed and issued

    Official transcripts/marksheets sent directly from the institution for ALL higher education.

    If the applicant sends the syllabi/transcripts himself/herslef, FCCPT will just throw them away. One needs to request the school/Univ to send them directly

    Which ever FCCPT asks to send directly from the agency/instituiton should come from them. Other wise, its just waste of time and money. FCCPT looks at the mail stamps and other things to make sure they came from the school/agency directly.

    Hope the information overload is enough!



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  • bestia
    03-12 03:18 PM
    Both lawyers are right. To get the correct answers you have to be asking correct questions.

    If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.

    From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.

    The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.





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  • prince_waiting
    04-14 05:00 PM
    hi prince,
    regarding ur post, there is a correction.

    holding an Approval notice alone is NOT a valid reason to bypass the transit visa in germany.

    holding a valid visa or Adv parole is good . but not just an appr notice.


    thanks

    The text which I have posted on this forum is directly out of the email I received from the German Embassy helpline.



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  • mambarg
    08-03 04:32 PM
    This is exactly what everyone is doing.
    All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.

    Surely , you can file another EB2 140 and later when that becomes current, file another 485.





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  • j_manav
    07-17 04:55 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY

    What does this mean... Is this an annoucement





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  • print0104
    08-28 05:01 AM
    Hello,

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~


    Sonia





    akela
    03-11 05:39 AM
    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela





    IAspire
    02-21 11:34 PM
    Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.



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