i99
09-07 06:17 PM
Seems like you are safe, but, I would ask an attorney just just just in case. Worth the $150.
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babydiams
04-20 04:22 PM
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
Thanks for the input
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
Thanks for the input
belmontboy
03-05 08:25 PM
What are the ones that are sensitive and which ones are stable?
"Shitty" bank - almost dead!!
"Shitty" bank - almost dead!!
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freddy22
04-24 09:26 PM
Contact an attorney mister. Duh?
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student79
03-30 03:58 PM
She will be going to full time dental school, and this course does not have credit system and it is flat 2 year course.
and for this course there is not in-state fee, fee is same for either for in-state resident or student coming from outsidde, this couse is specially desinged for internation trained dentist.
and mai reason is I want to change her status on F1 is , if by any reason if I am out of H1B she will be NOT effected and as well she will be eligible for part time work also and more important she will get 1 yr opt option at the end of course.
and for this course there is not in-state fee, fee is same for either for in-state resident or student coming from outsidde, this couse is specially desinged for internation trained dentist.
and mai reason is I want to change her status on F1 is , if by any reason if I am out of H1B she will be NOT effected and as well she will be eligible for part time work also and more important she will get 1 yr opt option at the end of course.
pd_recapturing
06-21 02:29 PM
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
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RRG
07-11 05:46 PM
Now that we have the people aware through Flowers, we can go for the big kill.
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
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apple
09-10 12:01 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
more...
sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
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pappu
07-13 02:38 PM
The Conrad 30 J-1 physician waiver program is good news.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.
Paskal may have to update the group on the provisions that went into the final amendment.
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glus
05-10 09:58 AM
Hello,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
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royus77
07-10 10:22 PM
We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .
May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people
May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people
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saibaba
12-05 12:03 PM
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
thank you
After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...
is this the number u r referring to?
thank you
After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...
is this the number u r referring to?
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txh1b
08-18 01:28 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.
more...
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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prioritydate
08-09 12:07 PM
1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to prove that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to prove that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
more...
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reachinus
07-14 12:21 PM
i don't know if its an EB 485, but even FB are very backloged.
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amsgc
01-22 09:57 PM
Now that you have your answer, let me ask you a question -
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
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pune_guy
08-20 06:04 PM
Hi,
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
Few months ago while googling about GC related stuff I came across a link, which, after going through few subsequent links, lead me to a link on the dol website from where I downloaded these databases. They are very huge (> 30 MB) so if you tell me (PM) you employer name and PD then I can look through the database and let you know the job title and code.
Thanks
CheckRaise
10-09 06:12 PM
Thanks for the responses! Sorry to reply both responses in the same thread.
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
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