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Wednesday, August 10, 2011

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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.





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  • harsh
    05-31 09:37 AM
    The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.

    Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.

    Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.

    And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.





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  • lee.cook
    May 20th, 2007, 12:33 PM
    Hello,

    I seemed to have fixed the problem, my father has a Nikon D40x and we read his manual on cleaning, since the D40 and the "X" are very similar.

    We cleaned the low pass filter I believe, by using the mirror lock-up option in the camera.

    I am now very very happy there is no dirt :)

    This thread can be locked or deleted.





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  • kaisersose
    05-29 11:14 AM
    Hi,
    I'm on L1B for Company A.
    My visa, Petition, I-94 are expiring this September.
    I was about to begin L1-B Extension.

    Now I got news from company B that my H1B petition has been selected in Lottery..
    (this is for COS from my L1B to H1B).

    Can I go ahead with L1B extension work ?
    I do not want to do this, if it will affect the H1 Petition approval.

    Please help. Thanks.:confused:

    So you want to have both H-1b and L-1 status starting October 1st?

    You can have only one at a time. For now, your status will become H from Oct 1st after which you can no longer be employed by company A.



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  • fromnaija
    12-12 02:20 PM
    What if i leave it just like that?

    That, my dear friend, is courting disaster at a later date and would be very unwise.





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  • ivjobs
    11-10 06:59 PM
    Folks, There are some hot discussions going on in the forum, if this area is something interesting to you why dont you join us in the group...

    http://finance.groups.yahoo.com/group/ivstartup/



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  • trueguy
    08-08 09:22 PM
    you shd have come with after 2004 before 2005 bullet too ..actually not sure if this poll is of use since there are many EB3 people who don't even visit this site...

    How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.

    Thanks.





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  • ksrk
    08-21 07:40 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks

    Not sure of terminology here, but some companies have policies to "go after" employees who leave immediately after getting their employment-based permanent residence. God knows there may be a law that allows the company to sue you for your "intent" of staying with the company for the sole purpose of getting your green card and not because you have a vested interest in doing your job for the company.
    While these policies/laws allow for the employee to leave the company after a "reasonable" amount of time (usually six months), if, however, the employee leaves the company within that timeframe, the company has good cause to argue that the employee had an intent of leaving the company from the beginning right after s/he obtained employment-based permanent residence.

    Not sure how much sense this made - the law is kinda fuzzy here, AFAIK. As is good with such matters, get professional advice from a good immigration attorney about what you need to do - always worth the money; the risk is not.



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  • whiteStallion
    10-09 02:23 PM
    I used my H1B since that had a further date of expiry than my EAD but when my next renewal comes up I guess I will have to show EAD as my H1B will be in process of being renewed then.......

    Might have to keep alternating if you have a choice......its kind of an irritant for sure........DMV has no issues with our status when they want us to renew our registrations :mad:

    If I am paying my taxes as a resident then I should get the same benefits... :rolleyes:

    I completely agree with you but I afraid things are only going to get worse, just like the US economy, for the immigrants...





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  • maddila
    07-30 02:31 PM
    One of my friends had the same problem from Madras consulate. they eventually called him to come back with the passport after 3 weeks. You will get it but it's just matter of time.........



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  • sertasheep
    03-25 11:18 AM
    <EDIT>
    added hyperlink to Enquiro Report
    </EDIT>

    Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.

    I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.

    **********************

    Dear Mr. Rajaghatta, and Editor,

    I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".

    The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.

    The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.

    I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.

    Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.

    I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.

    May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)

    Best Regards

    ************


    "Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?





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  • hemya
    08-18 10:17 AM
    Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.

    Approval date was July 14th



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  • quizzer
    07-26 10:22 PM
    any idea when will this be taken up?





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  • eb3_nepa
    04-23 11:50 AM
    What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?



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  • jungalee43
    03-25 07:01 AM
    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

    http://timesofindia.indiatimes.com/articleshow/1463861.cms





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  • ncrtpMay2004
    07-03 06:38 AM
    Got appt notice (for 7th)
    2 days later appt cancellation notice
    5 days later got a new appt notice (for 22nd)



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  • JunRN
    12-22 07:00 PM
    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.

    Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".





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  • a1b2c3
    07-10 05:17 PM
    my PD is still not current :p
    Just kidding..glad to see the dates move fwd.





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  • peer123
    04-17 09:19 AM
    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

    I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
    and system analysis - mentioned in related occupation

    the approval job code is 13-1111.00 - the new title i am getting is system analyst.





    sundarpn
    07-19 10:54 PM
    jack_suv, nice post and a good start.

    I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

    1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

    2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

    3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)





    wandmaker
    09-25 07:53 PM
    http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

    Enjoy

    Good one - Nice find



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