This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
Hmm... seems that CIS can not just change the stand so easily. Here is one attorney's take on this.
http://immigration-information.com/forums/showpost.php?p=25316&postcount=2
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
Hmm... seems that CIS can not just change the stand so easily. Here is one attorney's take on this.
http://immigration-information.com/forums/showpost.php?p=25316&postcount=2
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Friends I want to point out a few things. But before that Wanted to let you know that Diwali is my major festival too and I celebrate Diwali with great respect. I do not think the importance of Diwali will get diminished in the heart of people irrespective of the fact they are mentioned in media.
However, I do not understand why we are discussing whether Diwali is mentioned in Google or on some media. Google inc is a business organization and they will do whatever they feel is good for their business. Only their shareholders can dictate them. If we are not the major shareholders then why are we bothered. They would write about Diwali if they like. Why we should try to press our religion over others. Everyone should be free to follow their own. Else we will become part of the religious fanatics.
Secondly this is an Immigration forum. If I remember IV is for all immigrants in USA and not just for a particular country(origin) or religion. These type of discussion will try to create division amoung us the immigrants who are from all religions.
Actually I just wanted to point out the generic indifference shown towards the feeling of people of India by mainstream western media and governments - the long wait in immigration queue and ignoring the plight of Indian legal immigrant aspirants , setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power.
However, I do not understand why we are discussing whether Diwali is mentioned in Google or on some media. Google inc is a business organization and they will do whatever they feel is good for their business. Only their shareholders can dictate them. If we are not the major shareholders then why are we bothered. They would write about Diwali if they like. Why we should try to press our religion over others. Everyone should be free to follow their own. Else we will become part of the religious fanatics.
Secondly this is an Immigration forum. If I remember IV is for all immigrants in USA and not just for a particular country(origin) or religion. These type of discussion will try to create division amoung us the immigrants who are from all religions.
Actually I just wanted to point out the generic indifference shown towards the feeling of people of India by mainstream western media and governments - the long wait in immigration queue and ignoring the plight of Indian legal immigrant aspirants , setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power.
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
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It typically comes after 12 of every month.
It comes 12th of every month but it is always good to see after 12 months(1year)...
It comes 12th of every month but it is always good to see after 12 months(1year)...
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
I agree with you. I was bit tense to see RFE email since it is my first RFE. I will try to avoid giving urgent words.
Thanks anyway for your reply.
Thanks anyway for your reply.
i do not think that the colsualte letter can be used a the primary proof of birth, at most it can be a supporting prooff. I notice that you have still not got an RFE on it, better to be prepared and get the muncipilaty document. Not only do you need a non availibility document but now you also need a registrar letter from the place of birth?
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This is not typical, this guy sounds like a scam, ignore..................This is not a family court.According to Mislim crap,you can marry as many as you wanted, you can divorce some saying talak over the phone.This is not some thing rational, stupid muslim crap, i dont understand why every one is eager to help him.
Thanks....
Is there anyway I can find for what is RFE sent
Is there anyway I can find for what is RFE sent
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Ok I am changing up the style a bit. :D Oh well that's what I do in most of my battles. Maybe it's because I've been doing techy stuff lately. Oops I told you what I was doin. Oh well....:P Again I wish I knew how to do 3D stuff.
If company is promoting and Apply for EB2, then the PD should be Promotion Date. Because EB2 qualification starts only after promotion. One cannot go back and get old PD and attach it to EB2 after promotion. That is unfair to people, who are already promoted and applied before. Hope this makes sense.
Everything is fair in love and war.
But this should be neither , and the law allows porting. So if any body gets a chance to port, he should take it.
AND BY THE WAY. GC IS FOR A FUTURE JOB,SO DATE OF PROMOTION HAS NOTHING TO DO WITH IT.
SO I WOULD SAY THAT THE CONCEPT OF PRIORITY DATE IS VAGUE.IF U ARE IN INDIA, AND YOU PLAN TO MOVE TO US , IN 10 YEARS, A COMPANY IN THE US CAN APPLY FOR YOUR GC TODAY, SO THAT YOU CAN GET A GC IN INDIA , AND THEN MOVE HERE TO DO THAT JOB IN 10 YEARS.
Everything is fair in love and war.
But this should be neither , and the law allows porting. So if any body gets a chance to port, he should take it.
AND BY THE WAY. GC IS FOR A FUTURE JOB,SO DATE OF PROMOTION HAS NOTHING TO DO WITH IT.
SO I WOULD SAY THAT THE CONCEPT OF PRIORITY DATE IS VAGUE.IF U ARE IN INDIA, AND YOU PLAN TO MOVE TO US , IN 10 YEARS, A COMPANY IN THE US CAN APPLY FOR YOUR GC TODAY, SO THAT YOU CAN GET A GC IN INDIA , AND THEN MOVE HERE TO DO THAT JOB IN 10 YEARS.
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Can we utilize the US Citizen children to campaign for our cause. We can highlight our cause better that way. We shall certainly get more attention. We also must make sure to highlight that we are LEGAL immigrants.
This reason is preposterous at best.
GG_007
This reason is preposterous at best.
GG_007
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Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?
Its tough at I-140. But you wont have any issues with EB3
Its tough at I-140. But you wont have any issues with EB3
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Dude....
You want to see the March VB:) ?
Why waste time? Just look at Feb VB..it will be the ditto copy n paste.
The lazy html programmer might have already cut it by now. He will take 3 days to paste it into a new page. After all that 'hard work', he will bring out a broken link on the 4th day.
Really getting tired of this monthly ritual!
The fun lies in the anticipacation for a forward movement! Its like the first thing you want to make sure to atrt your month!
You want to see the March VB:) ?
Why waste time? Just look at Feb VB..it will be the ditto copy n paste.
The lazy html programmer might have already cut it by now. He will take 3 days to paste it into a new page. After all that 'hard work', he will bring out a broken link on the 4th day.
Really getting tired of this monthly ritual!
The fun lies in the anticipacation for a forward movement! Its like the first thing you want to make sure to atrt your month!
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Guys have any clue as to when the CIR will be taken up by the senate..do they have any kind of a calendar??.
I think Pres Bush is asking the same question.....Seems like you guys have something in common :D
I think Pres Bush is asking the same question.....Seems like you guys have something in common :D
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Guys we are still in the game, and we have to be untill the bill (even in the current form) passes in the house. If you remember S.1932 was trashed by the house, so thing will get more hectic for us and certainly for each of you once the bill get passed in the senate. We have to keep all the sections related to EB hitech workers afloat.
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I would add this one from Shangri-la, by Mark Knopfler:
"We may never love again, listening to the music of guitars...". That's true. Enjoy your moment today.
Since no one has come out with English translation, here is my version. oomshiva, Please feel free to correct it as you are the author
Life is short, enjoy its every moment
In Office and at Home, enjoy and just enjoy
Did get Chicken Masala, be happy with fast food
No time for gym today, walk a little and be happy
Didn't see a friend today, watch TV and be happy
Can't go to home country, make a call and be happy
Somebody is upset with you, ignore/remember him and be happy
You can't see him/her, listen to that voice and be happy
That person can't be yours, just remember and be happy
Planned to do MBA, so what if you are in software, be happy
Didn't get Laptop, With desktop be happy
Yesterday is gone, recall fond memories and be happy
Worried about future, stay in dreams and be happy
These times will pass, enjoy your present to the fullest and be happy
Life is short, enjoy its every moment
and may I add this one line
Enjoy your today to the fullest
who knows ..
there may be no tomorrow
===============================
Sanan has written this line
Green Card nahin mila H1 me he Khush raho ??
Translation: Didn't get Green Card, Be happy with H1
=================================================
This is my first post. May I make a request that if you post anything in non-english, please provide english translation. Thanks!
Here is a question for all those people who are good in Hindi --
What is the english word for "punarchakravat" punar-chakra-vat
Whay I am trying to say is that evenfor Hindi speakers it is possible that they may not get every word of it.
I will post answer in a little while.
Enjoy
"We may never love again, listening to the music of guitars...". That's true. Enjoy your moment today.
Since no one has come out with English translation, here is my version. oomshiva, Please feel free to correct it as you are the author
Life is short, enjoy its every moment
In Office and at Home, enjoy and just enjoy
Did get Chicken Masala, be happy with fast food
No time for gym today, walk a little and be happy
Didn't see a friend today, watch TV and be happy
Can't go to home country, make a call and be happy
Somebody is upset with you, ignore/remember him and be happy
You can't see him/her, listen to that voice and be happy
That person can't be yours, just remember and be happy
Planned to do MBA, so what if you are in software, be happy
Didn't get Laptop, With desktop be happy
Yesterday is gone, recall fond memories and be happy
Worried about future, stay in dreams and be happy
These times will pass, enjoy your present to the fullest and be happy
Life is short, enjoy its every moment
and may I add this one line
Enjoy your today to the fullest
who knows ..
there may be no tomorrow
===============================
Sanan has written this line
Green Card nahin mila H1 me he Khush raho ??
Translation: Didn't get Green Card, Be happy with H1
=================================================
This is my first post. May I make a request that if you post anything in non-english, please provide english translation. Thanks!
Here is a question for all those people who are good in Hindi --
What is the english word for "punarchakravat" punar-chakra-vat
Whay I am trying to say is that evenfor Hindi speakers it is possible that they may not get every word of it.
I will post answer in a little while.
Enjoy
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Geesee,
I totally understand.....they have set format of replies and they just keep on sending that as replies to SR...I doubt they even open a case or try to know the status of a case.
All the problems rose from opening the flood gates for all to apply in July 2007 and that simply created a bottleneck in the whole system and it prioritized receipt date of I-485 over the PD of labor filing.....
SoP
I totally understand.....they have set format of replies and they just keep on sending that as replies to SR...I doubt they even open a case or try to know the status of a case.
All the problems rose from opening the flood gates for all to apply in July 2007 and that simply created a bottleneck in the whole system and it prioritized receipt date of I-485 over the PD of labor filing.....
SoP
Thank you all for providing some excellent information. Special thanks to members waitnwatch and fromnaija for providing Arizona specific information. I certainly think that I should take this further in light of all the new information. I even talked to my GC attorny and he also thinks that I should have have given resident status.
fromnaija,
The pdf file in your post indicates that you would qualify for in-state tuition if you have filed for GC. How does the university determine that you have filed for GC? After you have filed for labor or filed for 140 or only after filing of 485? Those 3 dates could be years apart and depending on how the university defines that you have filed for GC could determine the residency status. If you have any further information, please share.
waitnwatch,
Do you believe that Arizona Board of Regents is actually not abiding by the state statue "illegal immigration reform and immigrant responsibility act of 1996" ? I am trying to gather as many arguments as possible to support my case because after reading your post and few other posts, I am seriously considering filing an apeal and fight this unfair practice once and for all.
fromnaija,
The pdf file in your post indicates that you would qualify for in-state tuition if you have filed for GC. How does the university determine that you have filed for GC? After you have filed for labor or filed for 140 or only after filing of 485? Those 3 dates could be years apart and depending on how the university defines that you have filed for GC could determine the residency status. If you have any further information, please share.
waitnwatch,
Do you believe that Arizona Board of Regents is actually not abiding by the state statue "illegal immigration reform and immigrant responsibility act of 1996" ? I am trying to gather as many arguments as possible to support my case because after reading your post and few other posts, I am seriously considering filing an apeal and fight this unfair practice once and for all.
Thanks for your kind reply. Yes this amount of 40K is what i saved from my salary after my employer deducts taxes via withholding. I am confused because I read that you have to declare any foriegn accounts help while filling for taxes here in US. I made these trasnfers to my dad's account and I dont have any NRI account. I am not sure if I will fall into this category and have to declare all this. Thanks again for your help.
You dont fall in to that category and as several members mentioned you dont have to pay taxes for remittances as you already paid tax while earning it.
You dont fall in to that category and as several members mentioned you dont have to pay taxes for remittances as you already paid tax while earning it.