pd_recapturing
08-22 04:11 PM
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
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BimmerFAn
05-29 09:34 AM
I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
rkrishna123
10-17 03:11 PM
Thanks guys for your advice and time.....
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tomatocup
07-12 04:55 PM
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
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jayleno
12-15 11:59 AM
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
crystal
10-17 03:07 PM
serch for what u r looking for here
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ishreeram
07-20 06:40 PM
My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?
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sku
01-09 03:53 PM
Yes, I want to know too, I don't know anybody personally who lost the job.
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ita
01-24 10:24 AM
When getting the date for interview is there one day of the week better that other like would Monday ,Tuesdays be better or towards the end of the week be better for Chennai Consulate? (DOes it even make any difference ?)
Thank you.
Thank you.
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eb3_nepa
10-19 09:43 AM
So what is the rule? The salary should be exact or can it go up or down?
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kprgroup
08-03 05:21 AM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
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gparr
November 25th, 2005, 09:45 AM
The first one says "delicate, little flowers" better than the second one. However, as has been mentioned, both shots need considerably more depth of field to be effective. In fact, the second one doesn't work at all for me. As for the first shot, the blown out bloom is distracting. Some kind of diffuser would have helped even out the light. I always find it difficult to shoot these flower clusters because they require more DOF than you think, but it's hard to know when to stop so that the background stays out of focus and doesn't start to compete with the flower cluster. Try a series of shots starting with an aperture in the f/25 range and backing off in one-stop increments then evaluate the series to see which one works best. Also, try a shorter tube and/or just the lens, if it will focus close enough. Whatever you try, please post the results. This is the kind of photographic challenge I love and what you learn will help me, and others I hope, when the flowers bloom again in the spring.
Gary
Gary
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rajbgp2002
12-22 05:56 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
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pnjbindia
07-20 12:08 AM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
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phillyag
05-30 04:43 PM
2. I140 receipt
3. I485 receipt
Would photocopies do for the above 2 docs ?
3. I485 receipt
Would photocopies do for the above 2 docs ?
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skagitswimmer
June 6th, 2005, 10:03 PM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
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indyanguy
03-18 07:37 PM
What is the reasonable time to wait for the approval of I-140 (EB3, NSC) before contacting the senator's office?
Mine has been pending for 8 months now.
Mine has been pending for 8 months now.
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ItIsNotFunny
12-02 01:34 PM
Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
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diptam
09-26 04:50 PM
Even if your employer revokes I-140 the PD is locked - Make sure you have a Copy of 140 approval Receipt Notice and a copy of the Labor PD. When you file new GC or 485 application just ask your company's lawyer to slip in the old 140 instead of new 140.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
This is a real cool feature but make sure you have to maintain H status all the time - i'm here for 9 yrs and whenever i think about these maverick cool steps i stop at the point of H transfer , extension and fear of getting H denied.
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
satyasaich
08-28 08:36 AM
to tell you the truth, DO NOT make silly statements at all. like someone said in this forum, we ARE professionals and dignified individuals with a wide array of qualifications by virtue of which WE are doing jobs in this country. some of us are here working for more than 8 years, some others may be 3 years, some others may have just begun.
Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.
I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.
Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.
I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.
jamesbond007
05-21 01:05 PM
Question to Carl:
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
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