Capture The Art Blog's

My 2 cents.

If you employer accepts or lawyer accepts the porting the date then your friend can apply the EB2 priority date to EB3 date.

Means he/she can get EB2 with 2002. As per my knowledge it is possible. But please dont ask me the document. Check with google or some website for document.

Thanks.

Please see my reply in red.

I have few questions regarding the visa and green card process.


1. Which documents are required to convert H1 to H4 while being in USA?

Ans : Pay-stubs and form I-539

2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

Ans: Yes, no pre-conditions

3. What happens to my green card process if I convert to H4? I have my I-140 approved.

Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC

4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa

We July2nd filers called them this morning and they couldn't find us in DB by FN,LN, DOB...

And in the evening they are saying we are in DB but receipts are yet to be generated ???

See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.

I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...


1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?

Please answer these questions, before I can put my opinion.


_______________________
Not a legal advice.
US citizen of Indian origin

All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.

This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.

Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.

This is just a guess though. Check with a lawyer.

- GS

Hi Gurus,

I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.

Please advice.

onemorecame.

Bump

USCIS has only and only random process/ theory

I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

In 1996 I joined a residency on J-1
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG

2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.

Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.

Hi Paskal, I am trying to understand things here. So you got a "J1" transfer to do your fellowship and again another J1 transfer/extension to do your fellowship?
The reason I ask is, my wife is on h1b and is currently in her 1st year residency (IM) and wants to do a fellowship, so the fellowship must be done on a h1b only I guess and h1b is only for 6 years unless the organization files for GC and get extensions. In general how are fellowships on h1b or J1? As such residency on h1b is extremely in recent times so I guess same is with fellowship.

If you have gone through a J1 residency and 2 fellowships and a wiaver job for 4 years, means you really worked it out very hard. Members like you must be an inspiration for other IV members. Maybe you must submit your story to IV.

You can go to AAA if you have their membership..You will get it for free.

IF you save some money, pleasr think to contribute to IV..

Thanks.



Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?

the reference to mexicans here is defnintely uncalled for and has racist odor. You could have used "illegal immegrant" as they can be from any country in the world. I would expect a little maturity and humbleness from a senior member. my word of advice..dont be frustrated...this gc game needs lot more patience.


Please step back. You need to grow up to know what is racism and you need to listen/read with some context in the background.
Plain reading is injurious to health and community.
I repeat "please step aside".

no ... I did not use AC21.

Well i just sent a message to my lawyer and this is the reply i received.

"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

Pls comment:)

Thanks Franklin
I will contact my lawyer on this

It can be done online also. That is the second step in online process of AR11.
Ok, so basically I need to call customer service and have them update address for all pending cases?

Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

Salary for any job depends on lot of factors. How one negotiates is a key factor.


_________________
Not a legal advice.

I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.

The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .

See, rev you like my idea :P

Bow to the untrained designer :P =)

Guys!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

Keep up the spirits MAN !!

Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.

Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.

If it is +ve there wont be any problem, well & good!

If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.

Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.

I believe these options looks logical. Hope verything goes well!

that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.

You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.