sabbygirl99
03-28 04:42 PM
:D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):
Question # 1:
From me:
I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?
From Anna:
According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.
Question # 2:
From me:
I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.
From Anna:
According to Mr. Khanna it should not have an effect.
:D ....an admissions officer of one of the schools:
It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.
I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.
Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.
:D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]
You can attend school on an H-1b if school is incidental to your H-1b status
Hope this helps shed some light for you.
Question # 1:
From me:
I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?
From Anna:
According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.
Question # 2:
From me:
I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.
From Anna:
According to Mr. Khanna it should not have an effect.
:D ....an admissions officer of one of the schools:
It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.
I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.
Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.
:D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]
You can attend school on an H-1b if school is incidental to your H-1b status
Hope this helps shed some light for you.
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vbkris77
04-13 11:06 PM
Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
JunRN
11-05 04:31 PM
Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.
Thanks!
Thanks!
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FredG
May 26th, 2007, 09:06 AM
All brushes are not created equal. The arctic butterfly that Stephen mentioned builds up a static charge that causes the particles to cling to the brush. A brush without a charge just moves the particles around and leaves them in the cavity if not thoroughly blown out. More on that here (http://www.visibledust.com/index.php).
I've not had good results from eclipse, and you cannot take it on an airplane. I've had very good results with the combination of a blower and arctic butterfly. For extremely stubborn dirt, I've had good luck with a lens pen. More on that here (http://www.lenspen.com/).
Michael makes a good point about the possibility of loose brush fibers, so user beware whenever you stick anything inside the cavity.
I've not had good results from eclipse, and you cannot take it on an airplane. I've had very good results with the combination of a blower and arctic butterfly. For extremely stubborn dirt, I've had good luck with a lens pen. More on that here (http://www.lenspen.com/).
Michael makes a good point about the possibility of loose brush fibers, so user beware whenever you stick anything inside the cavity.
more...
yabadaba
06-22 05:30 PM
bump
StarSun
05-03 02:29 PM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
more...
desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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serg
12-21 01:10 PM
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?
We are in democratic country. Why not ask them first? Give them due process.
They could be guys from the same company, thay could even be neighbors using the same wireless router, has he ever heard about NAT?
more...
GCWhru
07-16 08:37 AM
USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
I am not sure how important the processing dates update, If you look in , there are many approvals whose mailed/application dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
I am not sure how important the processing dates update, If you look in , there are many approvals whose mailed/application dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
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newuser
07-11 02:30 PM
Count me in. Just sent a PM
more...
dixie
09-11 07:06 PM
We cannot fault USCIS for the BEC backlogs .. thats the work of the even more incompetant DOL.Even they have improved with the PERM system. Our battle with retrogression is really a political issue more than a procedural one .The one place there is major room for improvement for USCIS is to use a more reliable system of advancing PDs than the current arbitrary system. There is no denying that USCIS has been improving lately with respect to service times(given the scarce resources), so lets give them credit where it is due.
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jsb
07-13 02:02 PM
I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
Like credit cards, it might be better to call them Gold Member services, or for high donation folks, Platinum Member services. "Paid" is used for a pre-determined service for a pre-determined price.
more...
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nogc_noproblem
12-21 01:01 AM
I like this attitude.
Rather than worrying about uncertain things, enjoy the reality.
Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
Rather than worrying about uncertain things, enjoy the reality.
Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
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arc
06-17 02:33 PM
AC 21 allows you to change jobs 21 times. :)
come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.
When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?
come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.
When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?
more...
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rockstart
08-12 07:53 AM
Can some one say when they received the actual RFE from the time they received the hard LUD and e-mail from CIS?
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sanju
04-30 10:02 PM
What is the agenda now?
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
more...
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caond
05-07 10:32 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
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suman
12-17 06:20 PM
Thank You all I appreciate.
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bugmenot
06-08 01:15 AM
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
gcformeornot
12-31 01:05 PM
bump
kshitijnt
10-07 02:50 PM
So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?
This is really frustrating to see how some states target (segregate?) the legal immigrants.
Until someone sues nothing is going to happen. Most americans are scared of only one thing, lawsuit.
This is really frustrating to see how some states target (segregate?) the legal immigrants.
Until someone sues nothing is going to happen. Most americans are scared of only one thing, lawsuit.
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