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  • bablata2007
    11-27 04:29 PM
    Is this a feasible option? Incase I lose the job, can I change to H4 status based on my wife's H1B? Then wait out the 180 days period and get back to another job?





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  • eagerr2i
    08-02 02:19 PM
    Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.





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  • goel_ar
    12-19 11:05 AM
    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

    Thanks,
    LG.





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  • yagw
    03-07 12:44 PM
    With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

    I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

    The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

    Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

    For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

    Thank you.

    From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)

    DISCLAIMER: I am not an Attorney and this is not a legal advice



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  • jindhal
    09-23 01:47 PM
    tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.

    Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.

    Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.





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  • GKBest
    12-26 06:31 PM
    Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).

    Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?



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  • nixstor
    10-30 04:32 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

    I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.





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  • nyte_crawler
    03-06 01:47 PM
    It has been taking for ever to move. I had missed 3 times already to get it approved during the last 5 years. Lets see if it moves to 2002



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  • questforgc
    02-21 09:22 PM
    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.





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  • qualified_trash
    12-15 11:35 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.

    the only benefit of the old I140 is to port the Priority Date.



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  • harikapraveen
    10-29 04:40 PM
    Wherever you go for stamping, there will be someone on the counter before interview is conducted by visa officer who reviews the documents.

    In Chennai, there will be a counter after appointment letter is shown. This is where the documents will be verified. When you reach this point, inform about the discrepancies and they will take care.

    My parents went to Chennai with wrong DOB. This was rectified by someone on the counter themselfs and no problems in the interview as well.:)





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  • glus
    01-03 11:03 AM
    Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.



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  • glamzon
    08-02 03:15 PM
    lol...nice joke ..can i borrow your pigeon for this weekend ..need to make some weekend deliveries ;)





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  • GC9180
    06-19 05:29 PM
    Most medical centres/DRs are ripping off $$ on medical examination.
    How to avoid/escape most of the cost..I just paid $200
    First know about medical examination, as to whats done..
    At any medical centre the basic cost should be around $185 - $200 (based on in/out of edison area)
    - $185 Dr. Gita Dalal, U.S. Healthworks. 16 Ethel Road, Edison, NJ 08817 - (732) 248-0088
    - $200 Dr. David Rizzo, Union Family Medicine. 2300 Vauxhall Road, Union, NJ 07093 - (908) 688-4424 **WALK-IN 9-6pm***

    Basic should include
    1) blood work to test HIV & ppr(forgot name)
    Note #1) this blood work does not check for MMR, Vericella, Tetanus
    Note #2) No blood can check if one needs vaccination for Tetanus. Only MMR (measles - mums - rebella) and Vericella can be checked thru blood work, if a person needs it or not. Again i repeat the blood work done for medical test does not check for MMR or Vericella
    Note #3) Vericella is nothing but chickenpox vaccine. Do not get confused
    Note #4) Good medical centres (who do not rip off, like the two clinics i noted) just ask for proof (vaccination record) for the above three vaccines.
    Note #5) Some say vericella not need bcoz of age like 35+, but immigration needs it
    2) Skin test (PPD) for TB. Once given revisit after 48-72 hrs. If result is +ve, do X-ray which is additional $50
    3) Paper work in sealed envelope.
    Note #1) ask for a copy and check if everything is checked, signed etc..., also fax/scan to lawyer so that he can check to if everything is correct. If any errors get it corrected from the medical center.


    I felt these centers are ripping off
    # Dr. Magdy Shenouda, Wellness Center
    1706 Corlies Avenue, Second Floor, Neptune, NJ 07753 (732) 775-4138
    $340.00 basic
    # Dr. Seymour Wexler 999 Raritan Road, Clark, NJ 07066 (732) 381-3740
    $325.00 basic
    # Dr. Joseph Arno, Williamsburg Commons 10 Auer Court, East Brunswick, NJ 08816 (732) 390-8888
    390.00 includ vac (forced to take vaccine)
    also 1080 stelton road, edison,nj

    HOW TO AVOID VACCINATION COST?
    It depends on your insurance plan
    I got Horizon BCBS of NJ - HMO. according to plan i can get vaccination from primary care physician - no charges. The process is Dr does blood work to check if one is immune to MMR and vericella. eg. if blood work says the person is immune to MMR not Vericella, then the Dr gives vaccine for vericella and not MMR. The note from Dr would say MMR not need and vericella was given. Regd Tetanus, Dr gave me the shot as i did not have record to prove it was given earlier ...nor blood work can prove if one needs it or not.
    Blood work takes 2-3 days.

    Note: you need not have vaccination record at time of medical examination. I told the above two mentioned clinics that i will bring it (vacition record/report) later from Dr...they agreed. Remember till you show them they are not going to give you your report.

    I felt $185-$200 reasonable around edison,NJ bcoz thats the lowest rate i got for basic(blood work,skin/TB test,report) without vaccination + they agreed if you have vaccination record that would be sufficient.

    So if you have plan which covers vaccination + a clinic which takes your vaccination proof/record...then your cost is just $200 ONLY or max $250 (if need XRAY for TB)

    Hope the above helps...

    regards


    NOTE: correct me if i got anything WRONG...thanks



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  • shirish
    02-05 02:08 PM
    I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.

    Thanks
    I doubt, you can do that on B1/B2. But again i am not the expert.





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  • krishmunn
    05-25 10:49 AM
    I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

    Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

    everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

    I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
    I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.

    Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !



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  • raju_abc
    07-23 11:20 AM
    It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.

    ya , in ur words agents





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  • aadimanav
    11-01 09:40 PM
    Hello experts,

    Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?

    * Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.

    * Is this not good because it doesn't help EB2 and EB1?

    * Some other reason

    Please educate and comment.





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  • viva
    01-13 12:47 PM
    you are a selfish person. you do not care about the rest of the iv community.

    these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.





    ubetman
    08-05 10:31 AM
    Thanks Tampacoolie...I don't know how I have to persuade my lawyer/representative...guess have to deal with him carefully and politely...they think that we are the lawyers and we know everything..ofcourse may be ...sometimes esp at this point, we have to notify...if we miss this opportunity, no way to appeal also..and u never know when PDs will be current again....

    Anyhow thanks guyz for ur suggestions...





    sertasheep
    06-14 09:13 PM
    You can file for your EAD and AP concurrently while you file for your I-485.

    EAD and AP are optional and don't necessarily need to be filed along with 485, and can be filed anytime as long as your I-485 has been filed , or is being filed.



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