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  • somegchuh
    07-20 05:05 PM
    Hi eagerr2i,

    My wife also wants to do her teaching credentials but we haven't been able to find the process. Would you be kind enough to describe the process i.e. evaluation where/how/what, classes where/what.

    Also, does the temporary number allocated by CCT allow her to work?

    Thanks
    Not in CA. My wife did her entire credentailing program with out a social security number. She got her Credentail certificate from California Commission of Tecahers and finger printing also done for teaching based on that temporary number allocated by her school.





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  • logiclife
    07-12 11:54 AM
    Can it get any worse for LEGALS in this country than what it is Mr Tancredo? Any attempt by you will only get things better as we are at the bottom as it relates to LEGAL Immigrant miseries.

    Tancredo introduces an immigration bill every week. Its like newsletter for him. There is nothing new here. No one listens to him. Not even the Republicans. If he was take seriously, then H.R. 4437 (109th congress) would be called "Tancredo Bill" not "Sensenbrenner Bill".

    Tom Tancredo not only has 0 clout with Republicans, he has lost clout with a caucus he found. HIRC (House immigration reform caucus) was founded by Tom Tancredo. He is not a chairman of that Caucus anymore. I think its some other guy, probably Lamar Smith of Texas.

    Stop the panic attacks everytime someone like Tancredo, Sensenbrenner and Sessions say "Boo !".





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  • willgetgc2005
    04-25 10:07 AM
    dilbert,

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________


    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.





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  • satyasaich
    12-05 05:38 PM
    Since lot of baby boomers are set to retire, any thing can happen.
    Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
    I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
    I bet they won't let a VB programmer in!!!



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  • champu
    02-18 07:31 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.

    Vivek -

    I have similar situation.
    Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
    Please let me know. Thanks





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  • ashkam
    09-06 09:08 AM
    1 : yes you have to file form I-539. Attach copies of her I-94, your I-94, your I-797 and her last two paychecks. Make sure you file this form before her final day at work.

    2 : It will not be against the quota. She can apply for an H1B anytime she wants and can start working once the H1B gets approved.

    3. No she does not need a stamp.



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  • anu_t
    06-20 02:20 PM
    :( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.





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  • Alice141
    03-26 02:55 AM
    Student Visa

    Applying for a UK student visa allows a person to come to the United Kingdom to embark upon a course of study in excess of six months duration.

    The study visa immigration service entails the grant of a UK study permit enabling visa nationals to study in the UK with a view to gaining a recognized qualification.
    Benefits

    The student visa service in itself does not constitute a route to settlement; it does not confer indefinite leave to remain in the UK (ILR) often known as permanent residence and it will not lead to the opportunity to become a UK citizen through British Naturalization. However, a visa for student immigration may allow you to switch to another UK immigration service without leaving the country, upon the successful completion of your course.

    If your course of study lasts less than six months, you may be able to enter the country under a UK visit visa, often referred to as a travel visa or tourist visa. However, the benefit of studying on a UK visa for students is that you will also be permitted to undertake limited employment.
    Duration

    There is no set duration for this type of visa for immigration to the UK, however, visas for students are usually granted for an initial period of one year and are determined by the length of course to be studied. In some cases, a study visa extension may be granted by applying for Further Leave to Remain (FLR) where applicants intend to follow completion of their course with another course of study.

    One route for staying in Britain beyond your course of study, is available through switching to a UK work permit. UK work permits depend upon a specific offer of employment from a British company. Alternatively, you may qualify for the Highly Skilled Migrant Programme, or HSMP, a points based immigration visa for migrants with desirable professional skills. A third option for extending your stay in Britain by a year is the International Graduate Scheme, or for candidates graduating in Scotland, the Fresh Talent: Working in Scotland programme.

    Global Visas can assist you in obtaining your permit to study and can help you to further your stay in the country, should you choose to do so, by selecting the best British immigration service for you. Our consultants are experts with UK immgration law and can manage your application at every stage providing immigration lawyer advice and on arrival services.
    Eligibility
    Course of Study

    A UK student visa applicant must show that they have been accepted onto a course of study at one of the following.

    * A publicly-funded institution of further or higher education (for example a university)
    * A bonafide private education institution that maintains satisfactory records of enrolment and attendance for students and offers courses which lead to qualifications recognised by the appropriate accreditation bodies.
    * An independent fee-paying school outside the maintained sector.

    Applicants for UK student visas must intend to follow either:

    * A recognised full-time degree course.
    * A weekday course at a single institution that involves at least 15 hours of organized daytime study a week.
    * A full-time course of study at an independent fee-paying school.

    Students must be able to meet the costs of their course and accommodation and the maintenance of themselves and any dependents without undertaking full-time employment or engaging in business or having recourse to public funds. The applicants should also intend to leave the country at the end of their studies.
    In-Country Applications

    In-country applications for United Kingdom student visas may not be submitted by Visa Nationals.
    Employment

    Unlike a UK visit visa, or travel visa application, applicants for study permits may take part-time or holiday work but must not engage in the following.

    * Work for more than 20 hours a week during term time (except in vacation periods), unless it is a work placement and part of a study program and the educational institution agrees.
    * Conduct business, be self-employed, or provide services as a professional sports person or entertainer.
    * Work full-time in a permanent job.

    Spouse and Dependent Immigration

    Spouse immigration is only permitted for married partners and unlike a fiance visa or De Facto visa, often known as an unmarried partner visa, your common-law or conjugal partner is not allowed to join you.

    Married partners will be granted leave to remain for a period equal to that granted to the student. During this time, they must be able to support themselves either independently or with the help of the applicant.

    Your spouse will be permitted to work only if your permit was issued for 12 months or more.
    Visitors - visa application guide

    This guide explains what you will need to do if you want to travel to the United Kingdom (UK) as a visitor, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

    If you need to pass through the UK in transit to another country, please read our Transit application guide for more information.



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  • eb2dec2005
    08-18 11:17 AM
    hi,

    I am in the same boat too. After liivng at the same place for more than 3 yrs,I have now decided to move on to new place, closer to work and to the kids school.

    I am no longer with the employer through whom i filed the GC. Iam currently working on EAD as a permanent employee with a new company.(i haven't used AC21 either).

    I don't want to file an AR11 with USCIS for address change.

    Can somebody suggest as to what options i have regarding forwarding of mails from USCIS?

    Thanks,





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  • chantu
    06-20 02:48 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks

    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.



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  • bekugc
    06-20 05:57 PM
    sure, pls verify with lawyer to be safe

    common consensus seems to be -->

    if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
    But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
    After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
    After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
    Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)

    hope this helps...





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  • abh
    08-21 12:15 PM
    I couldn't get good rep 10-15 times i called USCIS to tell me more detail than what shows online. One thing i can think of is i was pregnant at the time of my medical and couldnt get xray done as my tb skin test showed positive.
    So may be RFE for that. God Know. This waiting is killing me.

    Will i get copy of RFE or just my lawyer?



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  • reddog
    03-09 11:22 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    incorrect thought.
    I-9 is a Employment Eligibility Verification form that stays with the Employer.
    She is considered to be on an AOS status. nothing to be done.





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  • lord_labaku
    10-22 06:50 PM
    I am sorry, I dont know the answer to your question.

    But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?



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  • sathishav
    06-01 09:03 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.

    Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.





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  • vinabath
    04-07 11:07 AM
    Thanks to all Guys. I stayed with my current and first employer for almost 6 years and paid my H1 dues. Now comes the freedom from immigration process. I am very happy that my wife will not be in limbo status if something happens to me.

    I hope you guys will reach your destination too.



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  • sc3
    10-22 10:22 PM
    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).





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  • Blog Feeds
    08-31 09:40 AM
    USCIS has released a new interim memo which clarified the method of analysis by USCIS officers that they must use in adjudicating Form I-140, Immigrant Petition for Alien Workers, filed for 1) Alien of Extraordinary Ability EB1A cases; 2) Outstanding Professor or Researcher EB1B cases; and 3) Alien of Exceptional Ability EB2 cases. The requirements for these types of I-140 petitions have not changed but this new method of evaluating the merits of cases may adversely impact those applying for immigration in these categories. This interim memo is a response to the U.S. 9th Circuit Court of Appeals decision in Kazarian v. USCIS on March 4, 2010. In the Kazarian ruling, the court held that USCIS was being too strict in deciding EB1A petitions by requiring extensive citation evidence and specific types of peer review work in order to meet the EB1A criteria. However, the court did rule that USCIS could consider evidence such as extensive citations in making a final merits review of the case to determine whether an alien is at the very top of his or her field.

    In essence, the new USCIS interim memo breaks the evaluation process up into two parts � 1) evaluating whether the applicant meets the baseline criteria for the immigration category and 2) determining whether the applicant�s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavor. This article will explain how the evaluation will be handled for affected EB1A and EB1B I-140 petitions.

    For the first step in evaluating EB1A cases, the officer will check to see if evidence is provided to show that the applicant has met at least three of the following ten criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    7. Evidence of the display of the alien's work in the field at artistic exhibitions or showcases;

    8. Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

    9. Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field;

    10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales.

    After the officer has determined by a preponderance of the evidence that at least three of these criterion have been met, he or she moves into the second part of the review. For EB1A cases, the second part of the review involves determining whether the applicant has achieved a level of expertise indicating that he or she is one of a small percentage who has risen to the very top of the field of endeavor, he or she has shown sustained national or international acclaim, and his or her achievements have been recognized in the field of expertise. This basically means that the officer will look at all the evidence as a whole and determine if the case is approvable. This new standard may decrease the number of approved cases since, by implementing this secondary review process, USCIS officers have the discretion to deny cases even if three EB1A criteria have been technically met.

    New Evaluation Process For EB1B Cases

    For the first step in evaluating EB1B cases, the officer will check to see if evidence is provided to show that the applicant has met at least two of the following six criteria:

    1. Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

    3. Published material about the alien in professional or major trade publications or other major media relating to the alien's work in the field for which classification is sought;

    4. Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought;

    5. Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field;

    6. Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media;

    For the second part of the review for EB1B cases, the officer will make a final merit determination on whether or not the applicant has, by a preponderance of the evidence, demonstrated that he or she is recognized internationally as outstanding in a specific academic area. Therefore, simply showing that two of the criterion have been met does not necessarily mean that the case will be approved. This, in turn, greatly expands the USCIS officer�s discretion in deciding which cases to approve.

    Prior to this USCIS memo, the evidence was evaluated only in the context of meeting the necessary criteria for each type of case. Now by adding a second �final determination on the merits� phase of review, USCIS officers have more flexibility in denying cases or issuing Request For Evidence notices even if the baseline criteria has been met. This memo essentially gives the USCIS officer wider discretion in adjudicating EB1 cases since it has added a new level of review which follows a fairly subjective standard. As a result it is very possible that immigration through the EB1A, EB1B, and EB2 Exceptional Ability categories will become more difficult than it has been in the past. However, due to the recent immigrant visa retrogression for people born in India and China, there is an increasing number of Chinese and Indians who choose to apply through the EB1A or EB1B categories rather than wait for visa availability in the EB2 category. Hence, we recommend to consult a qualified immigration professional before proceeding with EB1 and EB2 cases.




    More... (http://www.visalawyerblog.com/2010/08/eb1_new_review_processes_based.html)





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  • rbharol
    01-20 02:48 PM
    This was expected.





    test101
    07-19 02:09 PM
    Yes you can. I'm not from india but i had the original BC and i got ranslated in the US.
    you can find translaters in Yellow pages and ask them if they do translation for immigration.





    conchshell
    07-28 01:44 PM
    So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)

    k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.