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sandeep77
07-26 04:09 PM
hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??
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dassumi
12-23 02:58 PM
This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.


Hi Guys,

My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

Thanks and have a great weekend,
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chi_shark
07-16 10:55 AM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?

Hi Friends,

I received an RFE last week. There were 3 points in the RFE.

The first point in the RFE says,

Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

Second Point and Third point are respectively

Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

Employment verification letter stating the offer still stands as per EB visa petition.

A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

My question is concerning the first point.

Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

Appreciate your suggestions

Thanks in advance.
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luckylavs
07-17 04:58 PM
one silly question. How weeks do we have in hand to file 485?
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apb
04-04 01:30 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
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svr_76
06-12 12:50 PM
I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...

that eventually. .the CIS will resort to the best option they have....

They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).
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Munna Bhai
12-14 09:42 AM
Munnabhai,

I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.
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khans02
10-03 03:00 PM
Applied for labor February of 2004 in regular then changed to RIR in September 2004. Got 45 day letter in May. Finally got labor approval letter yesterday October 2nd.

I have a question - is there any premium process for I 140 or 485?

Thanks

Saeed Khan
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Sakthisagar
10-20 12:55 PM
there is no need for pro-immigrant senator to respond becoz as soon as they respond..... it will increase the visibility and importance of grassley..... many a times in politics, the purpose of putting out provocative statement is to provoke a response..... to that effect, no response is the best response.... it is better for california director to respond & fight with a sitting senator, which de-values grassley's perceived seniority.....

That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.
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EB3_SEP04
08-27 05:33 PM
Hi,

My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

Thanks,

Even an entry level lawyer knows how to request\obtain a document that USCIS has sent but is not received. I suspect they are not telling the truth because they don't want to give you a copy.

If the lawyer simply calls USCIS 800 number on the I-140 receipt notice and provides relevent information they would at least send a COPY if not original or duplicate.
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WeldonSprings
01-15 03:35 PM
Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!



Hello All,

Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


http://lofgren.house.gov/

Good Luck to all of us.
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vts31
10-20 02:53 AM
about painter.

1. version 5 sux.

2. ive never used 7. but i think its pretty good.

i use 6.
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heywhat
07-26 10:07 AM
Option 1> Try to bring your wife to US before aug 17. (No risk at all)
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.

Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.

In short, FILE IT....
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purgan
01-22 11:35 AM
http://hbswk.hbs.edu/item/5585.html

The Immigrant Technologist:
Studying Technology Transfer with China
Q&A with: William Kerr and Michael Roberts
Published: January 22, 2007
Author: Michael Roberts

Executive Summary:
Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain? Professor William Kerr discusses the phenomena of technology transfer and implications for U.S.-based businesses and policymakers.

The trend of Chinese technologists and entrepreneurs staying home rather than moving to the United States is a trend that potentially offers both harm and opportunity to U.S.-based interests.

Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S. and are strong contributors to American technology development. It is in the United States' interest to attract and retain this highly skilled group.
U.S. multinationals are placing larger shares of their R&D into foreign countries, around 15 percent today. U.S.-based ethnic scientists within multinationals help facilitate the operation of these foreign direct investment facilities in their home countries.

Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain?


Q: Describe your research and how it relates to what you observed in China.

A: My research focuses on technology transfer through ethnic scientific and entrepreneurial networks. Traditional models of technology diffusion suggest that if you have a great idea, people who are ten feet away from you will learn about that idea first, followed by people who are 100 miles away, and so forth in concentric circles. My research on ethnic networks suggests this channel facilitates faster knowledge transfer and faster adoption of foreign technologies. For example, if the Chinese have a strong presence in the U.S. computer industry, relative to other ethnic groups, then computer technologies diffuse faster to China than elsewhere. This is true even for computer advances made by Americans, as the U.S.-based Chinese increase awareness and tacit knowledge development regarding these advances in their home country.

Q: Is your research relevant to other countries as well?

China is at a tipping point for entrepreneurship on an international scale.A: Yes, I have extended my empirical work to include over thirty industries and nine ethnicities, including Indian, Japanese, Korean, and Hispanic. It is very important to develop a broad sample to quantify correctly the overall importance of these networks. The Silicon Valley Chinese are a very special case, and my work seeks to understand the larger benefit these networks provide throughout the global economy. These macroeconomic findings are important inputs to business and policy circles.

Q: What makes technology transfer happen? Is it entrepreneurial opportunity in the home country, a loyalty to the home country, or government policies that encourage or require people to come home?

A: It's all of those. Surveys of these diasporic communities suggest they aid their home countries through both formal business relationships and informal contacts. Formal mechanisms run the spectrum from direct financial investment in overseas businesses that pursue technology opportunities to facilitating contracts and market awareness. Informal contacts are more frequent�the evidence we have suggests they are at least twice as common�and even more diverse in nature. Ongoing research will allow us to better distinguish these channels. A Beijing scholar we met on the trip, Henry Wang, and I are currently surveying a large population of Chinese entrepreneurs to paint a more comprehensive picture of the micro-underpinnings of this phenomena.

Q: What about multinational corporations? How do they fit into this scenario?

A: One of the strongest trends of globalization is that U.S. multinationals are placing larger shares of their R&D into foreign countries. About 5 percent of U.S.-sponsored R&D was done in foreign countries in the 1980s, and that number is around 15 percent today. We visited Microsoft's R&D center in Beijing to learn more about its R&D efforts and interactions with the U.S. parent. This facility was founded in the late 1990s, and it has already grown to house a third of Microsoft's basic-science R&D researchers. More broadly, HBS assistant professor Fritz Foley and I are working on a research project that has found that U.S.-based ethnic scientists within multinationals like Microsoft help facilitate the operation of these foreign direct investment facilities in their home countries.

Q: Does your research have implications for U.S. policy?

A: One implication concerns immigration levels. It is interesting to note that while immigrants account for about 15 percent of the U.S. working population, they account for almost half of our Ph.D.-level scientists and engineers. Even within the Ph.D. ranks, foreign-born individuals have a disproportionate number of Nobel Prizes, elections to the National Academy of Sciences, patent citations, and so forth. They are a very strong contributor to U.S. technology development, so it is in the United States' interest to attract and retain this highly skilled group. It is one of the easiest policy levers we have to influence our nation's rate of innovation.

Q: Are countries that send their scholars to the United States losing their best and brightest?

A: My research shows that having these immigrant scientists, entrepreneurs, and engineers in the United States helps facilitate faster technology transfer from the United States, which in turn aids economic growth and development. This is certainly a positive benefit diasporas bring to their home countries. It is important to note, however, that a number of factors should be considered in the "brain drain" versus "brain gain" debate, for which I do not think there is a clear answer today.

Q: Where does China stand in relation to some of the classic tiger economies that we've seen in the past in terms of technology transfer?

A: Taiwan, Singapore, Hong Kong, and similar smaller economies have achieved a full transition from agriculture-based economies to industrialized economies. In those situations, technology transfer increases labor productivity and wages directly. The interesting thing about China and also India is that about half of their populations are still employed in the agricultural sector. In this scenario, technology transfer may lead to faster sector reallocation�workers moving from agriculture to industry�which can weaken wage growth compared with the classic tiger economy example. This is an interesting dynamic we see in China today.

Q: The export growth that technology may engender is only one prong of the mechanism that helps economic development. Does technology also make purely domestic industries more productive?

A: Absolutely. My research shows that countries do increase their exports in industries that receive large technology infusions, but non-exporting industries also benefit from technology gains. Moreover, the technology transfer can raise wages in sectors that do not rely on technology to the extent there is labor mobility across sectors. A hairdresser in the United States, for example, makes more money than a hairdresser in China, and that is due in large part to the wage equilibrium that occurs across occupations and skill categories within an economy. Technology transfer may alter the wage premiums assigned to certain skill sets, for example, increasing the wage gaps between skilled and unskilled workers, but the wage shifts can feed across sectors through labor mobility.

Q: What are the implications for the future?

A: Historically, the United States has been very successful at the retention of foreign-born, Ph.D.-level scientists, inventors, and entrepreneurs. As China and India continue to develop, they will become more attractive places to live and to start companies. The returnee pattern may accelerate as foreign infrastructures become more developed for entrepreneurship. This is not going to happen over the next three years, but it is quite likely over the next thirty to fifty years. My current research is exploring how this reverse migration would impact the United States' rate of progress.

About the author
Michael Roberts is a senior lecturer in the Entrepreneurial Management unit at Harvard Business School.
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blizkreeg
01-27 02:39 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

My question to some of you is - what will you do if skilled reform doesn't happen this year?

My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

What will you do?
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felix31
02-12 04:59 PM
Folks,

employer's attorney claims that there is no such thing as H4 premium processing.

Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

I searched all Mathew-Oh updates dated one year ago and can't locate it.

I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

Can anyone please help?
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styrum
03-14 03:17 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr

someone posted link to German Cosul in LA, which states this clearly...

http://www.germany.info/relaunch/info/consular_services/visa/transit.html
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snowcatcher
05-22 08:02 AM
I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.

http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
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rsdang
07-23 10:41 AM
What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

FNU - also stands for Family Name Unknown...

Hope this helps...
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anu_t
07-16 02:46 PM
I haved studied a lot on this topic. I'm no expert, But I think it is not possible.
You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
(I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)
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aranya
07-03 05:30 PM
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.

If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.

You might have had a different experience and these forums are for sharing our experiences to help each other :)
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