sodh
07-12 01:43 PM
Send Tancredo an invite to debate this issue in Miami and see what he has to say.
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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?
Yes.
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.
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?
Yes.
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.
smisachu
01-12 03:53 PM
I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
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s_r_e_e
11-26 05:29 PM
congrats..
I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'
I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'
more...
HopefulNomad
12-19 02:09 PM
I just called Sen. Cornyn's office.
A person actually picks up. He will ask you for your zipcode.
I told him that I'm in support of his SKIL Bill.
And he says that he will pass it on to the Senator.
It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)
A person actually picks up. He will ask you for your zipcode.
I told him that I'm in support of his SKIL Bill.
And he says that he will pass it on to the Senator.
It is this simple. I hope all our members can also just quickly give him a call. It only takes a minute!:)
immi_enthu
04-17 11:05 AM
I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.
more...
gk_2000
12-02 07:22 PM
The bill also says...
1. The illegal's application needs to be processed expeditiously.
2. The USCIS can not increase the fee for that
Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.
and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.
so WTFs
Hopefully, the bill would have been vetted enough by the time it passes, and these areas cleaned up. This would be a good test for the US political system
1. The illegal's application needs to be processed expeditiously.
2. The USCIS can not increase the fee for that
Means...the 2 million illegals will be put ahead of the legals who are rotting in line for years. To process these docs, USCIS needs more resource and needs to hire more people but they can not increase the fee. So USCIS will come after the legals and increase their fee. These democrats wants to rob legals and reward illegas.
and you are hoping once this bill passed they will consider us...YOU MADE MY DAY.
so WTFs
Hopefully, the bill would have been vetted enough by the time it passes, and these areas cleaned up. This would be a good test for the US political system
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jonty_11
12-13 11:06 AM
That is provided the dems are in pursuit of CIR.
Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....
Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....
more...
NKR
11-11 11:24 AM
I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.
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cucubau
10-17 01:51 PM
A co-worker and I applied together at exactly the same time.
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:
This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?
Thanks!
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:
This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?
Thanks!
more...
EndlessWait
12-17 05:14 PM
it sounds they've hired x-immigrants , not US born citizens. it seems the very ppl who have immigrated our not interested in giving us green cards . how ironical?
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wandmaker
02-10 03:12 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Do not worry about your H1 extension, it will be denied automatically. Your plastic card should arrive by this weekend, have fun!
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Do not worry about your H1 extension, it will be denied automatically. Your plastic card should arrive by this weekend, have fun!
more...
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Outkastpb231
11-02 05:59 PM
There are many members here, who are looking to get better and get some experience just like you. Maybe you can team up with someone, and do some cool projects to build a portfolio, etc.
Also you should make yourself a website displaying your work that you have now.
:thumb:
I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.
Also you should make yourself a website displaying your work that you have now.
:thumb:
I am currently trying to acquire a partner, preferably someone with skills in ActionScripting and PHP, I have a candidate but he also has some bids with other people.
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immiusa
06-17 12:04 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
more...
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krishmunn
02-07 10:49 AM
Go to FLCDataCenter.com (http://www.flcdatacenter.com/OesWizardStart.aspx) . Plug your state and then select the city . In the job list, select Computer and Information Systems Managers.
You will see Four Wage Levels. as long as your wage (or proferred wage) is at least in Level 2 range, it is easy to sail through EB2.
If it is less than Level 2 wage, change the job to something like Computer System Analyst. The wage level is much lower but you will need a very good attorney to establish it as EB2.
You will see Four Wage Levels. as long as your wage (or proferred wage) is at least in Level 2 range, it is easy to sail through EB2.
If it is less than Level 2 wage, change the job to something like Computer System Analyst. The wage level is much lower but you will need a very good attorney to establish it as EB2.
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vinabath
06-13 10:41 AM
Success Formula for EB2-I:
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
more...
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rangaswamy
06-21 09:34 AM
Thanks for all the replies. Its a very good point that the medical wil get delayed as i have mine scheduled next thursday.
Will see if there is any work around.
Also... You can submit your husbands work papers as you are a dependent.
If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport
I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.
Will see if there is any work around.
Also... You can submit your husbands work papers as you are a dependent.
If you are an engineer then definitely you should have an ecnr but you can have what ever is on your current passport
I dont know about 31 myself. i will update this posting if i go to the consulate tomorrow.
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GC Struggle
03-13 04:05 PM
Can you tell me if all the 140's have been applied and approved from the same service center.
The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.
To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...
The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.
To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...
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venky08
11-02 11:17 PM
time is running out...looks like they will keep on playing this game till the elections...unless the media kicks in and starts painting the negative picture about the plight of employment based immigration. currently its only is dominant in newspapers etc. the visual media is still dominated by likes of Dobbs.
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
sanju_dba
07-22 04:20 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Googler
07-04 01:14 AM
Saw this at (concurrent filing tracker)
http://www..com/discuss/140_485/9614841/
*********************
I-140/I-485 case: Approved in 915 days (700 days more than average*)
User: aarun Labor Filing Date: 02 Jun 2004
Service Center: Nebraska Category: EB3
USCIS Receipt Date: 29 Dec 2004 USCIS Notice Date: 11 Jan 2005
I-140 Processing: regular I-140 Approval Date: 25 May 2005
Fingerprinting Date 1: 10 Feb 2005 Fingerprinting Date 2: 15 Aug 2006
RFE: no RFE Reply Date:
I-485 Status: approved I-485 Approval Date: 02 Jul 2007
Name Check Status: not sure Name Check Approval/Denial Date: N/A
Card Ordered Date: 02 Jul 2007 Card Received Date:
EAD Approval Date: 25 Sep 2006 AP Approval Date: 25 Sep 2006
Nationality: India Last Updated: 02 Jul 2007 9:01pm PST
*********************************
BTW, this is not a typo, the user aarun clearly states in the reply to comments that these details are correct.
Total anarchy!! How can this happen? EB3, June 2, 2004 was not current in June 2007!
It struck me that all these years we have taken USCIS' word on the idea that they issue green cards by PD -- they don't release any statistics on greencards issued by PD and country, so we have no idea if they do this all the time, issue green cards any which way they like!
I should add that I feel no animus against aarun, he/she is just like any one of us stuck in this lightless, informationless black box of a process, good that he/she got lucky. This incident is tremendously informative for the rest of us cos it tells us how logic free and lawless the process really is.
http://www..com/discuss/140_485/9614841/
*********************
I-140/I-485 case: Approved in 915 days (700 days more than average*)
User: aarun Labor Filing Date: 02 Jun 2004
Service Center: Nebraska Category: EB3
USCIS Receipt Date: 29 Dec 2004 USCIS Notice Date: 11 Jan 2005
I-140 Processing: regular I-140 Approval Date: 25 May 2005
Fingerprinting Date 1: 10 Feb 2005 Fingerprinting Date 2: 15 Aug 2006
RFE: no RFE Reply Date:
I-485 Status: approved I-485 Approval Date: 02 Jul 2007
Name Check Status: not sure Name Check Approval/Denial Date: N/A
Card Ordered Date: 02 Jul 2007 Card Received Date:
EAD Approval Date: 25 Sep 2006 AP Approval Date: 25 Sep 2006
Nationality: India Last Updated: 02 Jul 2007 9:01pm PST
*********************************
BTW, this is not a typo, the user aarun clearly states in the reply to comments that these details are correct.
Total anarchy!! How can this happen? EB3, June 2, 2004 was not current in June 2007!
It struck me that all these years we have taken USCIS' word on the idea that they issue green cards by PD -- they don't release any statistics on greencards issued by PD and country, so we have no idea if they do this all the time, issue green cards any which way they like!
I should add that I feel no animus against aarun, he/she is just like any one of us stuck in this lightless, informationless black box of a process, good that he/she got lucky. This incident is tremendously informative for the rest of us cos it tells us how logic free and lawless the process really is.
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