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Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).

I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.

????

The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.

Hoepfully, others may have a better understanding on this than me.

from pakistan, but does it matter?

Thanks gcwanted101.
So it looks like G639 is only for requests to USCIS and not for DOL.

Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.


Hey lj_rr

"Also for the labor copy, should the request be sent to USCIS or DOL?"

For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.

Does not matter how many points, can u be one of the 6300 ?

The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.

see http://bibdaily.com/pdfs/Pegasus%203-31-08.pdf

Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.

Thanks in advance for all the replies.

By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.

We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?

These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.

People, First of all, if you don�t have answers please dont post junk!

Options:

1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

Hope these help.

where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D

See the title of his post: PREDICTION....

Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.

So that is why it took me so long

don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help

what's the reason for rejection?

i think applying I140 is the labor substitution..it is good possibility that the desi consulting is playing games

FIFO - FirstInFirstOut & LIFO - LastInFirstOut

Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.

Enjoy the wait!

Did you last stamped in Tijuana? Because Rule is just changed.
NEW RULE:

Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22)
You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.

Here is the OFFICIAL link from US Consulate at Tijuana

Visa Services (http://tijuana.usconsulate.gov/niv.html)


Who Can Apply in Mexico

TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending


What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?

If she's not planning to continue working then she has to change to H4.

Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

So thats something i am trying to sort out.


you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.

Please review my ETA 9089, it must fit EB2.

H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY


I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

Thank you,

What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.

Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.

As per DOL employee should not be involved with this process period.:(