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  • uma001
    09-08 04:44 PM
    waitingmygc,

    We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.





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  • cheg
    08-29 10:24 PM
    If I were you I would just do paper-based application for I-765. I just checked the pdf file and it doesn't have any questions that one would have a hard time answering. Just fill it out and fed-ex it. :) That's what I will do once I keep on renewing my EAD.





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  • raysaikat
    05-31 12:18 AM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

    It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

    In this document, "out of status" is defined as what I am referring to as "unlawful presence".
    212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

    * For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
    [snip...]
    It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

    Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


    2)How does USCIS actually track who is employed and who is not?

    They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


    Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

    I.e., you will have no problem at all.



    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!

    My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.





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  • saketkapur
    07-06 02:50 PM
    But I did have a valid H1B stamp in my passport at the time of entry......

    You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......

    regards
    Saket



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  • alterego
    01-04 09:30 AM
    Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.

    What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?





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  • Hong12
    12-16 01:51 AM
    Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:

    USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.

    Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.

    In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.



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  • xtetic
    03-11 09:37 AM
    from what i understand it is legal for now, but for sure it might raise some eyebrows. i for one know this guy who applied 2 h1's from 2 employers from india. he did get his receipt# from one of them but he got a rfe nd got rejected. i don't know details if the rfe was for 2 apps or for some other issue with the cmpy itself.....will try to contact that guy n d update here





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  • diptam
    06-08 01:11 AM
    rimzhim , Totally agree with ya ...

    http://www.foxnews.com/story/0,2933,279213,00.html



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  • HV000
    11-16 06:43 PM
    That is exactly what the senate has been doing. And the House too.

    Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.

    1. Immigration Reform: cant do.
    2. Ending the war : cant do.
    3. Reducing healthcare costs, reforming healthcare: cant do.
    4. Upcoming social security deficit : cant do.
    5. Budget deficits reduction : cant do.

    Next week, senate is going to do following things:

    1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.

    2. Pass a resolution that water is wet and fire is hot.

    3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.

    4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.

    5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.

    6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.

    Good one!! Its high time they ALSO recognize our plight and pass a resolution on our "alien" presence here!!





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  • reverendflash
    10-21 02:18 AM
    real quick...

    Grateful Dead... :sleep: :sleep: :sleep:

    another thread maybe...:cool:

    Rev:elderly:



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  • abhisam
    07-09 11:50 AM
    I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

    Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

    My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

    I would really appreciate your advice on this.





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  • jlander
    January 7th, 2005, 02:59 PM
    I take macro photographs of gems and jewelry to be sold on the Internet. Currently, I use a coolpix 5000 and get some pretty good photos from it. I use a light box and different light sources (fluorescent & incandescent) to capture color and color-changes in the gems.

    I just bought a d70 and now need a good macro lens for it. I tried the promaster 100mm macro (I think it is the vivitar lens) and it didn't work to well for me. My 1:1 macro images are all under exposed and not as clear as I have seen. They are actually blurry when blown up 100% on my monitor. I use a good tripod and stopped down to f22 to increase depth of field. If I pull back a bit, the images get better, but then I don't have the magnification I need.

    I take the photos on extra white laser printer paper and most of the time, use indirect 5000K fluorescent lighting in a light box. I don't understand why my 1:1 photos seem to be underexposed. The white paper looks gray and the gem is dark and dull. Photos taken with my coolpix 5000 look great. The background is white, and the gems are lively.

    After my disappointment with the cheap promaster lens, I made the decision to purchase the Nikon 105 Micro, but when I called to order it (from expresscamera.com), they asked me why I was purchasing a 35mm lens for my digital camera. They suggested the Sigma 105mm EX DG lens and wanted to sell it to me for $650. They said that this sigma lens was better than the Nikon for digital cameras and that the Nikon would also take underexposed photos. This could be that they just didn�t want to sell me the Nikon lens for $500 and wanted to sell me a $400 sigma lens for $650.:mad:

    I need a lens that will allow me to blow the photos up to 100% on my monitor and they will be clear and the gem needs to look like a gem and not a dark crystal.



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  • saketkapur
    10-09 07:56 AM
    situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
    For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
    There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
    CA is quite cool with respect to DL renewals.

    CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.





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  • thamizhan
    07-17 10:17 PM
    CHEERS TO AILA, AILF AND IMMIGRATION VOICE
    Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.

    Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.

    Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.



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  • nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks





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  • Pagal
    09-16 03:43 PM
    Hello,

    Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...



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  • PD_Dec2002
    07-07 09:38 PM
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.

    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)

    Why can't you revise the ad before publishing it so you do not have to resort to such measures? What's wrong with just a MS? My company files several LCs for MS and they have no problems getting approvals.

    In any case, the answer to your Q1 is Yes. I will not comment on Q2 since I neither encourage nor recommend such deceitful behavior.

    Thanks,
    Jayant





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  • ssbaruah@yahoo.com
    06-10 12:35 AM
    Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?

    Can anyone send any link emphasising this Rule so that I can quote that to my employer?
    Any advice in this respect is highly appreciated. Thanks.





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    rampaadh@hotmail.com
    05-18 08:08 PM
    can you please give me the link? I searched Murthy's site, but could not find the link.
    Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.

    Any suggestions?





    Ramba
    09-23 02:42 PM
    AOS is neither vaild non-immigrant status nor immigrant status. It is a "period of authorized stay" based on contigency of approval of 485. Though, it has work authorization, there is no law clearly says they are eligible for school or any other benefits that immigrants enjoy. Therefore, it is difficult to explain to those have limited knowledge. It is better to get a letter from immigrant lawer to explain to school or just follow what school is suggesting.