Wednesday, June 15, 2011

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  • Phaedra
    05-30 11:54 AM
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?


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  • jonty_11
    09-17 07:11 PM
    its probably this thread is teh AP is indeed for Emergent Travel....and there could be possible issues when reentering US if IO is an AHole...

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  • gc_chahiye
    02-17 09:41 PM
    U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...

    can you post a link to some website to back up that statement?

    From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
    2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?

    If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.

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  • ilikekilo
    05-27 12:22 PM
    When did they say they have repealed AC21? Is this true?

    Regarding (6) above, it is not 10K, more like 5K.


    Final Version of Sanders' Amendment of H-1B Supplemental Fee and American Student Scholarship Fund as Passed

    The controversial Sanders' amendment initially was passed in the Senate last week which imposes $3,500 (or $1,750) for a supplemental fee for the American Student Scholarship Fund. The supplemental fee is added to the current fees that include $1,500 (or $750) ACWIA fee, $500 fraud prevention fee, and $190 H-1B petition (which will in itself increase substantially when the fee increase regulation is implemented). Go figure! The text of the final amendment is as follows:
    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:``(15)(A) In each instance where the Attorney General, the Secretary of Homeland Security, or the Secretary of State is required to impose a fee pursuant to paragraph (9) or (11), the Attorney General, the Secretary of Homeland Security, or the Secretary of State, as appropriate, shall impose a supplemental fee on the employer in addition to any other fee required by such paragraph or any other provision of law, in the amount determined under subparagraph (B).
    ``(B) The amount of the supplemental fee shall be $3,500, except that the fee shall be 1/2 that amount for any employer with not more than 25 full-time equivalent employees who are employed in the United States (determined by including any affiliate or subsidiary of such employer).
    ``(C) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(x).''
    Initially it was proposed to charge $10,000!!!


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  • Dhundhun
    11-21 06:11 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

    I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.

    If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.

    Good luck

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  • anilsal
    06-14 04:54 PM
    Hopefully by labor PD. But I have read about cases being approved in no sane logic.


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  • bp333
    11-05 02:18 PM
    Just voted, thank you for sharing. I'll spread the word..

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  • gcbum
    08-01 04:59 PM
    After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.



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  • chanduv23
    12-08 02:47 PM
    To have some real threads getting started after a long time on IV website. Thanks for the initiative Chunduv

    U r most welcome. Thanks for taking the initiative.

    We need more people taking initiatives on this.

    Folks, please come forward now. IV is your group. IV is "we all combined together"

    Together we can make a difference. Sitting on the fence and doing nothing does not do any good for us.

    Come on folks, all guests will now become members
    All inactive members will now become active members
    All non contributing members will now start contributing.

    Go IV go

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  • lee.cook
    January 30th, 2008, 02:36 PM

    It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.

    The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.

    Rebel XT

    Rebel XTi

    I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.


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  • sunny1000
    12-14 12:15 AM
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.

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  • sapota
    11-14 09:11 PM
    Hello all IV members,

    I was wondering, the 7% green card allotment for each country, can than be considered as racial discrimination? I mean a law suit against USCIS for discriminating against skilled workers.

    A question for all you, what do you think is going to happen? will EB2 move fast in next few months, I don't understand how can U.S govt play will all our lives? We all have some personal decisions on hold,

    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country

    how about holding another DC rally?

    We have to do some big about all this crap!

    I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.


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  • Junky
    10-28 08:02 AM
    Happy diwali to every one.
    May the festival of lights fill your hearts with hope, peace and serenity

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  • Libra
    08-10 11:52 AM
    I wonder how people will come up with such questions, i never even thought about it. And i dont think it's a problem. It's just my opinion per my experience.


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  • desidude
    08-04 02:48 PM
    Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...

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  • saimrathi
    08-22 02:23 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19

    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.


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  • pappu
    05-11 12:51 PM
    can we listen to this program online?

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  • BadDeal
    05-20 05:02 PM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.


    I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

    Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?


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  • vjkypally
    07-17 05:58 PM
    iv needs to come up with some idea for all of us to thank congresswoman Zoe Lofgren for her help. Hers was the only political voice we had.

    07-17 06:21 PM
    I pledge $100 right now to IV. I will make the payment tonight.

    I just made the payment. It is easy folks please contribute....

    10-09 07:56 AM
    situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
    For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
    There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
    CA is quite cool with respect to DL renewals.

    CA is now issuing lisences only until you can show the proof of my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.

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