monkeyman
10-11 01:00 PM
Hi,
I do not if I had the same situation as yours - however, this is what happened to me:
1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.
I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.
Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.
I do not if I had the same situation as yours - however, this is what happened to me:
1. I completed the Masters in 2003 - all course work and required credits by fall of 2003. PD for the LC was on Oct 28, 2003. I skipped the convocation ceremony (due to lack of funds) - yes, I lived on Campbell soup for 3 months. Initially, I had planned on attending it - however, circumstances changed. After some work, I got the degree on March 2004.
I got an RFE saying I wasn't eligible because I got my Masters after I applied for Labor. So first of all I got the letter from the dean of the university detailing the chronological events of credits completion and a justification for getting the late degree (stating about convocation and missing it). The lawyer drafted a response and referred to the dates in the letter issued by the dean and dates on when the credits were issued citing the administrative delays on my part.
Put it all together and send it and I-140 got rejected after 3 months. Then we opened a MTR and resend the package again and everything went through. Its not a death blow, but it involves quite a bit of running around to get a letter from the university and then have the dean approve it.
tallest man on earth. tallest man on earth
GreenCard4US
03-20 04:57 PM
http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
tallest man on earth. Tallest Man on Earth
cvk90
06-23 10:31 PM
My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.
tallest man on earth. The Tallest Man On Earth
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.
more...
tallest man on earth. The Tallest Man On Earth - The
rheoretro
09-13 05:22 PM
my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...
I can't help you because of your situation. Much better in other places.
I can't help you because of your situation. Much better in other places.
tallest man on earth. The Tallest Man on Earth -
andy garcia
09-17 02:56 PM
You have company Andy. How old are you?
55
55
more...
tallest man on earth. The Tallest Man on Earth
casinoroyale
03-31 02:02 PM
Yes, immigration officers at field offices do not have knowledge of what happened on July 2nd. Even today when I atteneded Infopass, I tried to remind the story by saying July 2nd event and she had no clue what happend on that date.
Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html
Here is a link taken from other thread from IV
http://www.murthy.com/mb_pdf/030609_P.html
tallest man on earth. The Tallest Man On Earth
div_bell_2003
01-12 02:32 PM
If your I-485 was filed in that mad rush on July 2007, you *have* to pay renewal fees for EAD/AP every single time. Remember, USCIS had extended July 07 filings acceptance date till August 17,2007 due to their own screw up. Here on or before 30th July 2007 means 17th August, 2007. FYI, my I-485 was filed on 17th August, 2007.
But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.
Gurus,
Here is what I found on USCIS website for renewal I765
*****
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
*****
I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
is expired and want to renew it.
Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?
Does any one has any idea?
But if you have filed your I-485 after that and the filing fee for that was around $1000 ($1010 I believe ), then you get free renewal of EAD/AP. When I e-filed the EAD for my wife, it made the fee calculation for me, so it's hard to go wrong there.
Gurus,
Here is what I found on USCIS website for renewal I765
*****
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
*****
I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
is expired and want to renew it.
Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?
Does any one has any idea?
more...
tallest man on earth. The Tallest Man on Earth:
FredG
July 18th, 2004, 07:34 PM
First I want to learn to take more pictures. I never seem to have the urge, opportunity and camera all in the same place at the same time.
I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?
I live in Houston.
BrandonYou have to provide the motivation. The opportunity is everywhere you look.
You will do best taking pictures of things you like. You will put more of yourself into it, and it will show. Whatever equipment you have is sufficient to start climbing that learning curve. When you outgrow it, you will know it and upgrade.
Houston? Sorry, I didn't read your profile earlier. We just happen to call the same town home. Let's hook up some time. Send me a PM.
I also would like to learn what to take pictures of. I am obviously limited by the capabilities of my Cybershot and circular polarizer. What kinds of photographs, subjects and conditions should I concentrate on so that I can take pictures I will be pleased with?
I live in Houston.
BrandonYou have to provide the motivation. The opportunity is everywhere you look.
You will do best taking pictures of things you like. You will put more of yourself into it, and it will show. Whatever equipment you have is sufficient to start climbing that learning curve. When you outgrow it, you will know it and upgrade.
Houston? Sorry, I didn't read your profile earlier. We just happen to call the same town home. Let's hook up some time. Send me a PM.