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I just checked what I had filed last time and this is what I have selected (c) (09).

Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?

Thanks for the help.

does he have the source of this rumour? does vdlrao knows anything about this?

I am EB3 Dec 2006. I have changed JOB on EAD, I did file AC21 through my new employer. my new employer has already started the EB2 processing.
I would recommend you the following -

make sure you have all the information i.e. previous Job Description which was used for labor filing or the job code on your labor certification.
You have a copy of I-140 approval
your current salary offer is good to qualify EB2 prevailing wages (does not matter a lot but good to consider)
you get an experience certificate describing technologies, skills you will use for future labor filing advertisement.
Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.

The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.

My question is:

1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.


What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?

It is not possible to get the stamping on company "B" if you have H1 from company "A".



2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.


You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.


Any help is greatly appreciated, I need to decide fast. Thanks a lot.

EAD applied at NSC on 12/06.
USCIS recd date 12/07
RFE on Feb 9th for Photographs
RFE replied on Feb 14th.
Still pending.

Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

Thanks for help
You may ne able to get H1B for additional 2 1/2 yrs.

Good to know someone at least thought about our poor souls

http://www.informationweek.com/blog/main/archives/2009/12/kundras_managem.html;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN


Kundra's Management Challenges
Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM

Federal CIO Vivek Kundra's job is different from others whom we’ve named as InformationWeek’s Chief of the Year in the past in a few big ways that make it especially challenging.

The 2009 chief of the year (read our story here) is certainly younger, and the federal government’s $76 billion IT budget dwarfs those of any other organization. However, Kundra’s two big biggest differences are that first, his job isn’t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.

Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn’t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.

Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it’s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration’s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.

“His goal has never been innovation merely for innovations’ sake, but innovation to get results in service to the public,” Virginia governor Tim Kaine said in an e-mail that didn’t make it into our story. “Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.”

One story, which also didn’t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.

Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.

The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.

Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.

"When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.

Hi Guys, After I read the murthy bulletin article on EAD's I was glad to see a possibility for applying for interim EAD after 75 days. But since then I have done a lot more research and couldn't find anything related to this anywhere. I live in Wisconsin and the only way we can get help from Milwaukee field office is by going through infopass online to set up an appointment. And it still mentions that if it has been past 90 days then you can request an interim EAD. I would really like to see some more info on the 75 day recommendation. Also, does anybody know what all you need to take with you to get interim EAD.

Do you need original receipt notices or will copies do? I am sure you need a photo id!! What else? Thanks

Guys,
Pappu just posted an important message here: http://immigrationvoice.org/forum/showthread.php?p=72997#post72997

Please read and contribute now, as it is a critical time for us.

DREAM act is a political issue if passed will get Democrats millions and millions of hispanic votes and possibly help them in 2012 election. Republicans will also want those votes. So there is a possibility that DREAM will pass some day. It is unfortunate illegal aliens get path to citizenship and legal immigrants like us have to wait on an untimed line with a hope to get green card. It is all politics my friends. Bottom line is they are illegal when they came here. If they are students they should get F1 visas if they are working should get work permits. Giving them citizenship is ridiculous. No one supports our cause, not even the Hispanic community. Dude we should oppose illegal immigration that has kept legal immigration at hostage. Jai Hind!1

Few problems with your post
#1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
#2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
#3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.

Thanks UKannan,

That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.

Yes.. I did my medicals done as soon I landed there. Got all the appoinments for the medicals before I started from here and the first thing I did was medicals.

Regarding the marriage certificate, I gave the marriage registration copy given by registrar. If the marriage certificate is in native langauage, they will not accept and they probably will need a translation affidavit. Please check the local Consulate for the exact format.

Yes.. I got in luckily 2.5 years. My priority date was feb 2006 and Eb2 category. I applied for CP when I applied for my i140 itself.

Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.

We have taken indian jewellary with us when we travelled to India. I dont think it is a problem and you dont have to declare it in customs. I think if you are carrying cold in the form on coins or bars, you will have to pay customs. I dont remember but it says in the customs form that personal jewellary need not be mentioned. I would check the india's customs website.

I never knew this....:D

Do women have to fill in the DS 157?
It shows up as a required to fill form for my wife?

Yes - now its based on age. You do not require DS-157 for children and seniors. Everyone else requires that.

Called Kennedy's Office1

Well, here are the thoughts.

American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)

If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.

Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.

Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.

In my Query it states as 30 days...

Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.

Hi,

My OPT was approved and I received the approval notice. But the card itself
has been lost in mail. I have applied for a replacement card.

I am aware of something called the "I-9 receipt rule" wherein the receipt for
the replacement of a lost document can be used in place of the document itself
for a period of 90 days.

Does this apply to my case? In other words, can I use the receipt of the replacement
request to work for upto 90 days?

Thanks in advance!

PS: I am aware that I cannot start working based on the approval notice itself.

Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

Celebrate the good news and donate here at


http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000