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  • Thanks a_yaja and thanks for all who helped me in this issue,
    Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.

    I have a couple of questions that will help me to figure out what to do:

    1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?

    2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
    Thanks.





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  • Don't worry about the text of the bill, it's purely a placeholder for something to be introduced as an amendment later.

    The text of the bill has two section: Sec 1: Title, Sec 2: Sense of the Senate, neither of which carry any force of law.





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  • Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?

    In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?

    I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.

    Please correct me if I am wrong with the above.





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  • ...talking about being a legl resident, who should this apply to in this case?? The baby was an American citizen!!





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  • So what you are saying is i can have 2 H1-b's only if both the jobs are part time. If any one of the two is full time, then it would be illegal. But here's the question. If i file for a 2nd H1-B, the INS should reject my 2nd H1-B request as i already have a full time job on my 1st H1-B. I guess this would be the only way to find out, since no one is sure what the law is.Is there some kind of INS documented law or statements to confirm this??





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  • well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.





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  • pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
    in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.





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  • I will sign up on the Yahoo Groups as well





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  • I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!

    Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":

    TITLE 22--FOREIGN RELATIONS

    CHAPTER V--UNITED STATES INFORMATION AGENCY

    PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents

    Subpart C--Status of Exchange Visitors

    Sec. 514.42 Transfer of program.

    (a) Program sponsors may, pursuant to the provisions set forth in
    this section, permit an exchange visitor to transfer from one designated
    program to another designated program.
    (b) The responsible officer of the program to which the exchange
    visitor is transferring:
    (1) Shall verify the exchange visitor's visa status and program
    eligibility;
    (2) Execute the Form IAP-66; and
    (3) Secure the written release of the current sponsor.
    (c) Upon return of the completed Form IAP-66, the responsible
    officer of the program to which the exchange visitor has transferred
    shall provide:
    (1) The exchange visitor his or her copy of the Form IAP-66; and
    (2) A notification copy of such form to the Agency.





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  • If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.





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  • I read Eden Prairie,MN has been rated the "Best city to live" by CNN Money magazine for 2010. Great schools, affordable living, low unemployment, community oriented life are pluses..Weather is definitely a damper. As the previous post suggests...we will have to trade-in the weather for everything else that is important to us.

    Cheers





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  • 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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  • yes it is like that all these years, but atleast now I hope them to use their idle and rusty brain.

    There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.

    The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...





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  • Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.





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  • Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.

    onemorecame.





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  • there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...

    Anyone has a link to that legislation..?





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  • I think we all should vote for just one immigration related question

    After logging in, if you search with "immigration", I think there are atleast 25-35 posts which are related to us. I created my question just now and went thru all the 171 questions and voted FOR all of them which are good for us.

    Core Team,

    Thursday is the deadline.. President is asking us to help him understand our issues. Can you please make this an action item.. Pleassseeeee....





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  • Like any new documents which we dont have now?





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  • you have to give the H1 qualifying exam (I think Step 3), then you have to apply for Residency in universities. They all call you for personal interview, and the results are announced in mid march. Once you are selected, they'll process H1 for you. If you do not have step 3 cleared, then they'll process J1 visa for you. Most of these universities come under non-profit so, H1 quota is not a issue for them.

    Oh Mr dexto_al read his question properly before giving your precious advise....





    I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?

    Print the picture and then scan it to the required resolution.





    Hey Tiger,

    Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.

    Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension



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