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  • Jen2010
    12-06 04:55 PM
    Dear BimmerFan,
    Thank you very much for sharing your experience !!

    I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.

    The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.

    Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.

    I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??

    Do you think I should pay an attorney ? of it is okay to do it independently ?

    I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.

    Please advise,

    Thanks !!!





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  • das0
    04-08 10:11 AM
    Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

    If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

    Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.





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  • rangaswamy
    10-04 08:10 PM
    1) Find employment in some company.. preferably a small one with india /overseas operations: - reason being they can send you to india / overseas and you can work from that country. Here also you will have a small problem.. you may have to switch to local payroll because your period will be greater than 6 months (i assume dec to oct 08)

    2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.

    3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.

    4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time

    I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
    If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.

    If i may ask.. which university did you go to?

    A





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  • logiclife
    09-28 05:38 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:


    Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.

    Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.

    There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.

    Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).



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  • Rockford
    07-17 02:44 PM
    --
    I couldn't help post a reply. I was trying not to add to the buzy server traffic.

    Isn't it amazing, thousands of people are waiting with bated breath for the USCIS update news and some idiot opens a new threads to start a baseless rumor. And claims that news comes from Greg. This so called news as it turns out is a comment by some troll "south" on Greg's website.

    Our friend here who opened this thread fails to even see the connection between the id handle "south" and his post" going south." Honestly, things like this make you wonder, how can such people call themselves highly skilled.


    You will be proved biggest idiot when what you believe today is turned out to be wrong tomorrow. Who are you , a thread czar ?

    If you don't like it, just move on.

    That was an excerpt from some one then, but now I believe things are going south. Just don't make judgments about others without knowing every thing.





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  • pbojja
    04-20 02:22 PM
    I-94 also does not have the date written

    Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .



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  • abhaykul
    05-04 02:05 PM
    Guys,

    1) For 7 th yr extension your LC and I 140 have to be approved if your LC
    is less than 365 days old at the end of 6 th year.
    2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.


    Abhay





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  • delax
    07-16 07:31 PM
    I think IV did great today. BUT
    lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
    So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
    I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
    This is time to be calm, AND YES DISCREET!!!!

    Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?

    Well said - The greatness of a person lies in the humility that goes with success.

    I cant imagine the Mahatma thumping his chest with arrogant pride when India attained independence. So much for our committment to Gandhigiri that at the first sign of success - the daggers are out of the cloak.



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  • mheggade
    05-22 11:36 AM
    All,
    so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.

    On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.

    Cheer up.





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  • purgan
    10-13 07:23 PM
    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US



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  • wellwishergc
    04-08 07:45 PM
    Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.

    I suggest the following:
    1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
    2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
    3) Else apply for I-140 extension for 1 year based on your approved Labor

    Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.

    Anybody in the same situation?





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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!



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  • chantu
    06-02 03:05 PM
    I think she can study. She can go on F1.





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  • howzatt
    11-14 01:17 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?



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  • pt326bc
    09-27 10:36 AM
    Same issue with me.
    Different A# on I 140 and the I 485 receipt notice. The A# on the FP notice is the same as the I 485 receipt notice.
    I have emailed the paralegal handling my case and she said she'll confirm with the lawyer and get back to me.
    BTW my I 140 A# starts with 088 and the I 485 receipt notice starts with 094.
    Don't know what that means.
    Will keep you guys updated with whatever my lawyer sends me back.
    Regards.





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  • mishras
    05-14 10:49 AM
    This is not a joke, we have received this querry, and are seeking some helpful advice.



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  • Rb_newsletter
    10-07 04:54 PM
    pls make sure if they coem to your office you should atleast have a copy of your paystubs


    It is so hostile. So should we carry the pay stubs everyday? What if we don't have pay stubs with us?

    Already by law we are supposed to have the travel documents (passports + visa papers) all the time with us.





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  • invincibleasian
    02-20 06:34 PM
    I used the data from this webite to apply for FOIA for I-140





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  • vikramy
    09-21 03:41 PM
    One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.

    YOu should be receiving communication soon.

    I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
    They gave me a printed peper which says we will informed you by letter within 21 dyas.

    Anyone has proble to renew Lic. in PA.





    smuggymba
    09-22 07:35 PM
    Oh My God. These three won't stop, would they.





    santb1975
    02-15 05:41 PM
    I will keep you posted on how this goes.

    May you have plenty of supporters coming your way.

    I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.



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