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  • wandmaker
    02-17 11:43 PM
    I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.

    So check with attorney.

    Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.

    Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.

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  • hopefulgc
    03-31 07:17 PM

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  • eastindia
    04-20 01:57 PM
    Just saw this message. Please forward to more people

    Send Mahesh Mahadevan - to - Home - Immigration Voice (

    Any help from will be greatly appreciated!

    From: [] On Behalf Of Surabhi organizing committee
    Sent: Sunday, April 18, 2010 1:33 AM
    Cc: Surabhi--the Indian Students Association at UCI
    Subject: Send Mahesh Home

    Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.

    Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.

    Please go to this website to donate: Send Mahesh Home
    If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.

    Please forward to Mahesh's friends and those who may help us in these times of need.

    Surabhi Organizing Committee
    University of California, Irvine.

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  • jsb
    01-07 01:03 PM
    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
    Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!


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  • abracadabra
    05-30 03:45 PM
    E-Filing Support <> sent email and got the confirmation receipt notice through email

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  • pappu
    07-13 02:38 PM
    The Conrad 30 J-1 physician waiver program is good news.

    IV Physicans group worked on it led by Core team member- Paskal. Paskal had made several trips to DC to get support for the bill. IV had also sent a letter of support and provided guidance in its advocacy effort to people involved.

    Paskal may have to update the group on the provisions that went into the final amendment.


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  • boston_guy147
    10-23 01:19 PM
    Would you be able to put me in touch with your friend, sweet jungle?

    I am working on H1B, and am awaiting my 485, and waiting only to get my GC, to start my full time MBA.

    I did not know it was possible to do what your friend did - and I am VERY interested to know more details, so that I can see if I can do the same!

    Would really appreciate your help.


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  • neelu
    01-05 01:22 PM
    Threads: 2,478, Posts: 38,790, Members: 8,057, Active Members: 3,571

    There seems to be a discrepency between the number on the statistics page (the above was picked from there), and the Memberlist page.

    I guess, Logiclife was pointing to the 8000 mark on the Memberlist page (which as of this post is 8046), which was reached today.

    Can anyone explain the discrepency?


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  • upuaut
    08-16 06:58 AM
    I wouldn't export it from photoshop at all.
    Are you sure the tutorial called for you to export from photoshop? Can you provide a link to the tut?

    I would:
    Save for web as a png or a jpg, depending upon which looks better. Then choose "import" in Flash to import the object. I'm not 100% sure, but I think that you can directly import photoshop files into Flash as well. This could be useful if you have a many layered photoshop file which contains things like imported illustrator elements and such. I believe that the import keeps all the layers in place, as grouped object.

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  • pune_guy
    06-05 07:43 PM

    Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).

    We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.

    So here's my question:

    1. Can I skip renewing her EAD and renew just mine?

    2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?

    I'd appreciate your thoughts on this matter.



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  • rick_rajvanshi
    03-20 03:55 PM
    USCIS Announces New Requirements for Hiring H-1B Foreign Workers
    Changes Apply to Companies that Receive TARP Funding

    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

    The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

    EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

    However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

    USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

    For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.

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  • lonedesi
    06-04 01:56 PM
    I believe that if you travel after the expiration date on the visa stamped on your passport, you will need to go to the US consulate in India to get a multiple entry stamp to be able to return to the US. It is advisable that you don't travel unless you absolutely have to. You may want to renew your H1b and then go for the stamping. That way, you will have the stamping valid for the next 3 years.
    You may want to consult your attorney before you travel, as this is my personal opinion.


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  • engineer
    07-16 12:47 PM
    Sorry Friends...I am new here and don't know how to deal with this.

    I filed both I-140 and I485 in Sept 2005.


    which no you called ? and what information they asked you to provide status ? regular stuff like PD, Name etc ?

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  • gimme_GC2006
    08-10 05:50 AM
    alright..I came back without any problem.

    Immigration at POE (Dulles airport) was breeze, first officer said, " have parole letter".
    he checked something in the system and asked me to go inside..

    Took baggage..went into customs...where they sent me into another room.

    CBP officer took the AP..felt bad that I have been waiting since 2007 for < 5 mins, stamped and said, good are done.

    Thats it.


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  • raysaikat
    03-28 11:01 PM

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?


    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.

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  • qualified_trash
    05-31 02:08 PM

    this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.



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  • questions
    06-10 10:07 AM
    Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.


    Hi Sri,

    thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?

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  • ragz4u
    04-10 12:42 PM
    Thanks to all those who have responded to us. We will send out an email to all very soon. We are also planning to have a conference call sometime this week to go over this.

    Others, please consider we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!

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  • dummgelauft
    11-19 11:35 AM
    Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
    BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.

    Why are these companies so scared if they are following the law?
    The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.

    I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.

    So, cry me a river...go ahead..

    02-10 03:17 PM
    Whats is your PD, Category and Country of Chargeability ?

    02-27 12:01 PM
    Please post such articles in the News Articles thread along with email of authors. Thanks.

    U.S. Immigration Reform Bill Could Pass by July (

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