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  • lagsam
    12-17 05:08 PM
    In my case.

    What is the maiden name of my mother.

    What did I do in UK?

    Where did I go in UK?

    Did you travel anywhere apart from UK?

    These are just questions to find out if there are red flags in your answers.

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  • raysaikat
    03-28 06:53 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:

    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

    You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

    If you can get CPT approved by your school, then you can work for the employer during the summer months.

    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?

    You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

    If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

    If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.

    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).

    Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

    Thank you very much for your help.

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  • Pallavi79
    02-21 10:40 AM
    >>Looks like you are on EAD. Are you still finding it difficult to find a job?
    If I am on H1, I could have already packed my bags.

    Here is the temporary crisis for me.
    With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.

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  • cc123
    10-04 04:31 PM
    From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?


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  • gcgreen
    10-08 02:37 PM
    You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.

    If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.

    To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.

    I am not a lawyer, and the above is my common sense understanding.

    One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...

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  • ragz4u
    04-12 09:54 AM
    Why not use people who already agreed to volunteer before by looking at their profiles?

    Unfortunately we need folks who are active on the forums (and hence must have read this thread).

    Also, we did not really clarify what a volunteer does (when someone registers), so to ensure that only folks who are really interested reply.

    Hope this helps


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  • rjgleason
    February 27th, 2004, 07:45 AM
    I cannot possibly comment bob...

    but I do get noticed in this country...



    Sure you can...........and sure you do.

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  • punjabi77
    08-18 12:36 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..


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  • seekerofpeace
    09-05 03:38 PM
    You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...

    Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....

    I am not sure how to check...if online is not reliable...



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  • ashkam
    07-19 02:39 PM
    Use this one, I USED IT!!. Really good. USCIS Format.

    I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.


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  • payur
    09-07 02:03 PM
    I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.

    Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
    He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
    I didnot sign any agreement with him.

    What is the H1 cancellation form/letter?

    Does it have any impact on my Green Card Process? Please Advise.

    Thanks for any replies

    The main impact I can see is revoking your I140 which could have an impact on your GC process.

    I am not sure about H1B cancellation letter. What is your PD date and SC?

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  • vejella
    06-01 01:39 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(


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  • champu
    02-19 06:21 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)

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  • sobers
    02-16 04:11 PM
    This story below just goes to show that if smart scientists and engineers are not available here (because of low skilled immigation and the decepit STEM education), then jobs will continue to be outsourced to where the job can be done. Not only does the U.S. lose brainpower, it loses significant tax revenue which would otherwise have been available if the jobs were located in the U.S. And then, not only do skilled immigrants bring their skills to work for America, they also help build the local economy (home/auto, other capital investments, etc besides local/state/county taxes...).



    Published: February 16, 2006
    The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.

    Skip to next paragraph
    Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.

    In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.

    Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.

    The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.

    Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.

    "The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."

    The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.

    Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.

    Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.

    The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."

    Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.

    At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.

    The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.

    Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.

    In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.

    The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.

    "For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."

    Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.

    "I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.

    The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.


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  • Michael chertoff
    11-21 11:01 AM
    In EAD Renewel
    Q. 14 : Manner of last entry(hib, student etc.)

    If i used my AP to enter US, then what should be the answer. i have H1B status.

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  • inskrish
    04-18 09:42 PM
    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.


    Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.


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  • Karthikthiru
    10-11 12:40 PM
    You said Master's is the requirement. But When did you file your labor?


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  • Ann Ruben
    01-20 11:17 AM

    The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.

    However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.


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  • gc_kaavaali
    06-03 03:21 PM
    I did change of address online...I also provided receipt numbers of 485 and EAD (renewal)...I think i don't have to do for approved cases like (I-140, I-131 and previous I-765 )...Am i right? I also did for my wife..

    03-26 04:17 PM
    Who are the guys making more than 250K? Why are they stuck in retrogression?

    I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.

    These folks are most likely doctors...doctors salaries are in that range.

    07-26 02:13 PM
    assuming you don't have all your I-94s and I797s,

    having W-2s/paystubs for all the years is enough to prove that you have always been in status?

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