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  • kmdhar
    10-12 04:09 PM
    Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

    Thanks





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  • ras
    05-24 12:17 PM
    EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.

    Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.

    The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.

    Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..

    Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.

    Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...

    If anyone knows more or can confirm this, that would help...

    Thanks!

    --Karthik


    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate





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  • SGP
    11-03 08:44 AM
    Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D





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  • RedHat
    08-30 01:22 AM
    response please



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  • prom2
    10-22 07:47 PM
    Opening this new thread due admin closed the other one.

    Lets track June 07 filers.

    Good luck !



    TSC Jun 25

    Waiting AP and GC.





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  • 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."



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  • rockstart
    02-23 12:06 PM
    What you think about state of economy does not matter. You have few options at this moment. First of all update your profile. If you have EAD then yes you can do an AC21 but that means there is some company out there which has a job & salary that matches your labor profile. So if you can find one then the option is always open to make the switch.





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  • Dhundhun
    11-21 05:27 PM
    While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
    I-94 from from it.

    The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.



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  • Disney/Pixar CARS R case



  • i4u
    04-29 09:06 AM
    The Financial regulation bill will go thru for sure, both Dem and Rep parties favor it, however the REP party is trying to resolve certain differences before bringing it to the table.


    Immigration reform was never even considered to be taken up before financial reform ( It should have been taken up in early 2009 itself! ); so yes financial reform will go first - guess what? dems finally forced repugs to give in, and it is up for debate. As for the differences, there is plenty of it - and resolving it - hmm??


    Both parties cannot afford to be seen as party of Wall street during nov elections.
    One thing they can agree on is covering their own a**.





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  • damialok
    03-26 01:48 PM
    Vancouver takes around 4 business days to give your passport with Visa stamped on it. My cousin went in 2 weeks back and he had to extend his stay for 4 more days. So plan ahead.
    Actually they say it might even take 5 days too but thats unlikely.



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  • PlainSpeak
    02-25 03:34 PM
    A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
    Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post





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  • vin13
    12-02 10:21 AM
    Can we apply Emergency Ap for official visit ?

    Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.



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  • gccovet
    08-20 03:40 PM
    @acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
    which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.

    Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.

    @kanakabyraju: Thanks for the advise. I might try that.

    For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.

    Thanks,

    One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
    GCCovet





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  • cybercat076
    05-15 11:23 AM
    USCIS seems to be just requesting EVL for all pending applications. I also got mine recently though I did not change any company. It is better to send it from your current employer.



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  • chanduv23
    04-21 01:44 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.





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  • luvschocolates
    07-02 01:41 PM
    I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
    I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
    He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
    He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
    So I guess we sit back and wait some more huh?
    I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
    Hope that helps some! Happy 4th everyone!:o



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  • kevinkris
    07-31 04:50 PM
    Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?

    Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
    I hope canada will be smooth.

    My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?





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  • eb2_hope
    08-22 06:55 PM
    I support this..I call every second day .....





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  • ThinkTwice
    07-11 05:59 PM
    the bay area.

    - SFSU
    - SJSU

    Please post this info for ALL international students.





    sendmailtojk
    03-31 11:44 PM
    At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.

    Cheers.





    EB3_SEP04
    07-16 04:59 PM
    Please see links below:

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC


    :cool:

    When will the next month dates come out ???

    Man, You are all RED, are you a communist? just kidding... :)

    I'm also eagerly waiting for the updates. for EAD texas shows apr 28, i know people who filed in mid june have received EADs, mine has receipt date of July 2nd.



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