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  • desi3933
    02-22 01:36 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    Once I-485 is filed, one can file for change of status ONLY to H/L status.

    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • saimrathi
    07-12 02:40 PM
    Famous Indian americans...

    1. Are they influential Indian Americans?
    2. If someone can post their mailing address and phone number, I can mail them like I did Rep/Senators of my area...

    Thanks.





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  • nk2006
    06-22 03:02 PM
    Do we have to send our application to one of the centers based on where we reside/work?





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  • GCmuddu_H1BVaddu
    05-20 10:46 AM
    I have completed. :)


    Thanks for the link...Btw are you taking the same class...:)



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  • Suva
    07-20 01:51 PM
    I agree too.

    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





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  • fromnaija
    12-16 12:08 PM
    I got it correct yesterday .
    Thanks for the advice.


    For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!



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  • mrajatish
    09-26 09:50 PM
    I kind of agree that this insanity really needs to stop - people need to realize EB3 and EB2 are both going to be pretty slow for India, so the best option or the only option is to lobby for a legislative change.

    Also, labor sub if allowed should not allow PD substitution. Why can't DOL/USCIS stop that?





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  • navin80
    06-20 09:30 AM
    I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
    so, If I need to go back to him,

    1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08



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  • speedo
    08-14 07:34 PM
    when is your appointment? what city?





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  • vick
    07-07 01:24 PM
    It happened with me too last year. My h1 extension was denied and the RFE which my lawyer got was missing the reason for denial. When my lawyer called USCIS, they said they will send a new RFE and the very next day my h1 status changed to Approved. I think its just a mistake by USCIS...

    Good Luck and keep us posted..



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  • singhsa3
    12-16 09:26 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?





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  • dbevis
    October 16th, 2005, 06:53 PM
    There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.

    Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.



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  • gc@waiting
    08-27 09:42 AM
    A quick question on Canadian immigration(PR) - Can someone tell me as to typically how long the entire process takes if applied from US? Starting from aplying and getting the PR approved? thanks.





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  • prdgl
    02-11 11:08 AM
    But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.



    If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker




    Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.

    Your thoghts are important. Please let me know.

    Thanks



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  • ThinkTwice
    07-11 05:56 PM
    Is what is needed.





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  • ckarri
    07-27 01:46 PM
    I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?

    -Thanks

    contributed $250 so far.



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  • pnc
    08-02 12:52 PM
    Does anyone has any update about this Amendment?





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  • god_bless_you
    04-06 12:44 PM
    As far i know you should have a valid H1 status or approved EAD to work and keep your status as valid.

    Once you start working on EAD there may be gaps with next EAD approval.
    Simply you will not claim working during that period but this is possible only after you start working on your first EAD.

    simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..

    Please check with a attorney on this!!





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  • chalamurariusa
    04-28 10:02 AM
    Some one please advice!!!!!!





    geve
    09-22 11:58 AM
    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm

    There's no place like the U.S. when it comes to creating a thriving tech sector. Or is there? The U.S. still has the world's most competitive information technology industry, but its lead is slipping, according to a new study conducted by the Economist Intelligence Unit (EIU) for the Business Software Alliance (BSA).

    The study, released Sept. 16, ranks 66 countries in six areas, including the availability of skilled labor, the "innovation friendliness" of a nation's culture, and the strength of its legal protections for intellectual property. The U.S. scored highest overall, but its rating fell from last year, and it was No. 1 in only three of the categories. "America should be proud that it's No. 1, but Americans should also be aware that it can no longer take its leadership for granted," says Robert Holleyman, president and CEO of the BSA, a Washington (D.C.)-based organization that promotes the interests of the software industry.

    The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.

    No. 5 in R&D Support

    In a finding that's likely to vex would-be entrepreneurs, the U.S. scores even further down the list�No. 5�in support for R&D. Taiwan led the category, followed by South Korea, Japan, and Sweden. Here, the EIU scored countries based on the number of new IT-related patents, receipts from royalty payments and licensing fees, and public and private spending on R&D. Holleyman says the BSA plans to share its findings with both major Presidential campaigns and with members of Congress.

    The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.

    The findings of the study will likely renew calls among both IT industry executives and politicians for the country to develop a national innovation strategy as countries such as Finland have done. "America needs a wake-up call," says John Kao, a former professor at Harvard Business School and author of Innovation Nation, a book arguing that the U.S. is losing its edge. "We don't really have a national strategy," he says. "And while I'm not a fan of top-down technocratic approach, I think that at this point in our history, having no strategy is not satisfactory."

    Sounding the Alarm

    As concerned as he is about U.S. competitiveness, Kao is not a favor of indexes that compare competitiveness among nations, saying they can misrepresent a country's true climate. "They're really abstractions of reality, and they often paint too rosy a picture," he says.
    Kao isn't alone in calling the country's competitiveness into question. Judy Estrin, a former Cisco Systems (CSCO) executive, is sounding the alarm as well in a new book, Closing the Innovation Gap, published by BusinessWeek's parent, The McGraw-Hill Cos. (MHP). Estrin says that the lead America enjoys now is the result of work done decades ago, and that the same commitment to innovation and research that existed before has evaporated. "Innovation builds on innovation. We're reaping the benefits now of seeds planted 10, 20, and 30 years ago, and the problem is that we're not planting any more seeds," she says.

    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."

    By highlighting vulnerabilities, the study doesn't just trumpet U.S. weaknesses; it points to areas where improvements can be made. "A strong tech industry is crucial to America's ability to address almost every economic and social challenge," Holleyman says in a statement. "Despite our current economic difficulties, the tech sector remains one of the primary engines of the U.S. economy. This index provides a guide to how we can keep that engine moving forward to ensure competitiveness in the future."





    glus
    10-21 08:32 PM
    All,
    I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
    Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
    Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
    I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
    The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
    Is it a right strategy? Please comment.

    OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.

    I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.

    Regards,



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