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  • centaur
    02-23 09:42 AM
    There are 2 types of J-1. One is for researchers with no clinical training (practice of medicine), this does not require 2 yrs HRR. The other J-1 is for training in clinical medicien and requires HRR.

    Paskal,
    You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.

    A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).

    Could you please throw some light on the following:
    - Inspite of the visa officer's determination, is she still "a marked man"?
    - If you are subject to the 2 Yr. HRR, is mentioned on your visa?

    By the way, her research:
    - Is not funded by any govt. agency
    - Has nothing to do with medicine

    I will really appreciate your thoughts.

    Thanks.





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  • svam77
    10-30 08:41 AM
    My wife's finger printing fee was rejected last month, even though we submitted the right fee.
    We still submitted the fee again. In the mean while, we got our finger printing notices.

    Do u know when we would get our EADs ? Is anyone in a similar situation ?

    Thanks





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  • amitga
    03-21 10:38 AM
    Please see my answers below.

    I'm on H4. I have got an offer from a company and they will do my H1

    I have few questions

    1)How easy it is to transfer H1's to another company? What documents I need?
    The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.


    2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
    what documents do I need?Do I need to go out of US for this?
    H1 to H4 trasfer is also possible, but again pay stubs are required.


    3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
    Yes you will be subject to cap.





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  • optimist578
    01-19 12:31 PM
    I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.

    No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).

    The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?

    .



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  • Beemar
    10-04 09:04 PM
    Congratulations.

    Even I got approved on saturday. What's wrong in that?

    Enjoy green life now.

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)





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  • uimv
    03-13 09:13 AM
    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.



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  • saloni
    07-18 02:28 PM
    I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
    My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
    He has asked me to change my status to H4 and work on EAD.

    Can I work on EAD without filing H1B-H4.

    or
    After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
    Will this affect anyhow on my chances of approval of my AOS?



    Appreciate your response.





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  • shahzaib616
    05-17 06:41 PM
    I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
    Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
    For everyone else, please read below for my story/question.




    "Before I begin with my question, allow me to give you a brief overview of my case:
    In the year 2000, I initially filed for Labor Certification.
    In 2004, I received approval of my application for Employment Authorization (I-765).
    In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

    Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
    I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
    Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

    Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
    Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

    Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
    Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

    Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

    Sincerely,
    Shahzaib"



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  • Radhika
    07-01 08:22 PM
    Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

    Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

    http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

    Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.





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  • satish_hello
    08-13 11:28 PM
    Hi all,

    My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.

    I am seeing people are getting filed on july2nd.

    I will update once my check cashed, pls. kep the updates.

    -satish
    -----------------------------------
    EB2
    PD - sept'2004
    I-140 -approved on Jan'2007.
    I-485 - sent July5th NSC.
    RD - ?
    ND- ?
    AD - ?



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  • sk.aggarwal
    04-05 01:39 PM
    Glad you got yours PWD. Mine was filed in first week of Feb .. still waiting ..





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  • cooler
    07-07 01:43 PM
    Bump.

    I am in the same situation. Any insight from the original owner or others would be appreciated



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  • Cherry2006
    06-28 12:25 PM
    Guys...Thanks for the suggestions .

    I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .

    Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.





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  • Hong12
    02-06 01:49 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • Anders �stberg
    January 17th, 2005, 09:58 AM
    Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.
    Thanks Steve!

    Something I need to get a grip on is post processing and white balance...

    Pucks are scary... A couple of games back it was a bit too hairy for comfort. The arena had plexi everywhere except just next to the players' boxes on the opposite from where I'm used to standing. I talked my way onto a high bench next to one of the teams, and this was apparently the place the defenders tended to clear pucks. :) I had three flying quite close, two of which I saw and could duck, and one I completely missed while looking in the camera. One of the "water girls" with the team told me it hit the wall beside me and bounced out the other side. :o I'm wondering if maybe I should have a helmet on.





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  • kerstbrd
    03-19 03:03 PM
    maybe they denied the I-140 without updating the website.



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  • flex
    10-02 02:23 PM
    Eilsoe - save some of that inspiration for the game.





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  • validIV
    04-27 02:29 PM
    You might be denied based on the 365 days rule. When was your labor filed?





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  • ken
    04-09 02:40 PM
    just wondering if anyone is in the same boat...





    venkatosizolon
    03-28 11:54 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.


    What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
    Thx





    Berkeleybee
    03-28 11:09 AM
    Prolegalimmi,

    It is absolutely fine to write to editors etc. but if you are planning a sustained campaign, it is best to coordinate with the media team lead by Sunil. It is always good to convey the same message from all our outlets.

    Also, I urge everyone writing and calling media to keep it civil, DO NOT DENIGRATE other groups, just focus on our issues, and stay polite.

    best,
    Berkeleybee



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