Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
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nk2
05-05 11:03 PM
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Jimi_Hendrix
06-30 05:32 PM
Jealous people v/s Non Jealous people => Shady v/s Non Shady business? :cool:
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anilsal
10-30 11:42 PM
USA Today is posting messages that are valid. I posted my story and it has been posted.
If you are reading this thread, please post your story at:
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
Just imagine what a story in USA Today will do to our cause. It is a national news paper.
Look at what an American Professor has to say:
=====================================
There is a cry going around the country regarding the lack of American students opting to enroll for advanced degrees in the field of math and science.
At first I was cynical about this news and was quick to dismiss it as elitist and corporate propoganda directed purely to hire international workers at lower wages. But to my disappointment the facts are staring me right in the face in this regard.
I am currently employed as a professor in the electrical engineering dept. of a accredited university and I am sad to see American students no longer aspiring to get advanced degrees in science and math oriented fields.They enter the workforce after getting a BS and after working only for a couple of years change their career track either to sales/management/marketing.
This has resulted in a huge vacumn in the research programs of most universities which is being filled by international students. Most of these international students complete their advanced degree with the help of scholarships and financial aid offered by the university.
This aid is available for American students on a priority basis in most institutions around the country but there are simply not enough American students up for it. Also due to visa restrictions these very students are not able to get jobs in the US quickly and as a result leave our system with precious knowledge to create wealth some place else in the world.
I understand that we are losing jobs due to outsourcing and offshoring, but that can't be avoided in a globalized economy. On the other hand there are enough jobs being created for advanced degree holders in science and math oriented fields like engineering and human sciences in the US economy.
The most disturbing aspect in this discussion is the scientific accompalishments by America put forward by many people as examples to show that the American educational sysems is hale and hearty. Many people are still harping on the man on the moon issue even after 30 plus years. They should realized that this is a thing of the past and we cannot rest on our laurels.
Legal high skilled immigration should be encouraged as it is by other nations like Canada and UK. We should not lose this fight for global talent or else we will not be able to recover from this loss for a long time.
Posted by: kennytownhall | Oct 30, 2006 2:23:55 PM
================================================== =
If you are reading this thread, please post your story at:
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
Just imagine what a story in USA Today will do to our cause. It is a national news paper.
Look at what an American Professor has to say:
=====================================
There is a cry going around the country regarding the lack of American students opting to enroll for advanced degrees in the field of math and science.
At first I was cynical about this news and was quick to dismiss it as elitist and corporate propoganda directed purely to hire international workers at lower wages. But to my disappointment the facts are staring me right in the face in this regard.
I am currently employed as a professor in the electrical engineering dept. of a accredited university and I am sad to see American students no longer aspiring to get advanced degrees in science and math oriented fields.They enter the workforce after getting a BS and after working only for a couple of years change their career track either to sales/management/marketing.
This has resulted in a huge vacumn in the research programs of most universities which is being filled by international students. Most of these international students complete their advanced degree with the help of scholarships and financial aid offered by the university.
This aid is available for American students on a priority basis in most institutions around the country but there are simply not enough American students up for it. Also due to visa restrictions these very students are not able to get jobs in the US quickly and as a result leave our system with precious knowledge to create wealth some place else in the world.
I understand that we are losing jobs due to outsourcing and offshoring, but that can't be avoided in a globalized economy. On the other hand there are enough jobs being created for advanced degree holders in science and math oriented fields like engineering and human sciences in the US economy.
The most disturbing aspect in this discussion is the scientific accompalishments by America put forward by many people as examples to show that the American educational sysems is hale and hearty. Many people are still harping on the man on the moon issue even after 30 plus years. They should realized that this is a thing of the past and we cannot rest on our laurels.
Legal high skilled immigration should be encouraged as it is by other nations like Canada and UK. We should not lose this fight for global talent or else we will not be able to recover from this loss for a long time.
Posted by: kennytownhall | Oct 30, 2006 2:23:55 PM
================================================== =
more...
keiryu
06-28 04:28 PM
You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.
glus
12-18 06:42 PM
Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
Now, in addition, I see 12/18 LUD on my pending I140.....weird or they are processig my I140, pending since last December
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
Now, in addition, I see 12/18 LUD on my pending I140.....weird or they are processig my I140, pending since last December
more...
h1-b forever
09-27 08:58 AM
Did this campaign start?
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micofrost
07-17 10:46 PM
Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.
Thats why I degraded my cable service so that CNN will be blocked.
Thats why I degraded my cable service so that CNN will be blocked.
more...
amsgc
05-29 08:13 PM
The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
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joydiptac
06-01 04:53 PM
Just provide the information that they have asked for. They are about to make a decision on your case. i.e. Whether to preadjudicate or not.
So that when the numbers are available yours will be ready to send the card. :)
So that when the numbers are available yours will be ready to send the card. :)
more...
sodh
07-27 04:43 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to
Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to
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MYGCBY2010
07-27 02:41 PM
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
more...
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number30
09-23 02:29 PM
If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?
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purplehazea
05-11 12:50 PM
800 989 TALK - I confirmed it
more...
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smuggymba
09-24 12:15 PM
Hi guys,
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
We really want the OPT option that F-1 gives.
Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?
Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.
We are very worried. Please help.
best regards,
Rajesh
For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.
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saibaba
10-01 11:28 AM
Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
Director,
US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
P.O. Box 805887
Chicago, IL 60680-4120
ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)
Dear Sir or Madam,
This application/petition was filed along with the required fees is being returned to me for the following reason.
Reference: I797C, Notice of Action, Receipt number: xxxx
Notice date: September 20, 2007
�Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�
I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.
Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:
FedEx Tracking number xxxx
Ship (P/U) date Jun 30, 2007
Delivery date Jul 2, 2007 7:55 AM
Sign for by: R.WILLIAMS
Delivered to: Shipping/Receiving
Service type: FedEx First Overnight
Packaging type: FedEx Pak
Number of pieces 1
Weight: 1.00 lb.
Shipper Information
xxx
Recipient Information
xxx
I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.
Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
Receipt number: xxxx
Receipt date: December 11, 2006
Notice Date: March 9, 2007
Priority date: October 4, 2006
Petitioner: xxxx
Beneficiary: xxxx
A # xxx
NEBRASKA SERVICE CENTER.
I would like to re-submit this application and I am requesting for processing once again.
Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
Sincerely,
xxxx
Human Resources Manager
xxxxxxx
hi there:
why you are sending it to IL?
Didn't they mention about return address in the returned package?
more...
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natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
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puntubabu
03-07 10:17 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
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Bpositive
08-21 03:33 PM
lots of opinions/answers for your qns...
asiehouston
09-08 10:38 AM
:confused:I am going to call the USCIS customer service and ask them what should my next steps be... Will keep you guys posted!
Prashanthi
05-12 03:29 PM
You can travel on the same visa as long as you come back before september.
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