Sunday, June 26, 2011

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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.

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  • gccovet
    06-09 09:22 AM
    Hi all,

    I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .

    I have applied and got a new passport .

    I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.

    I am leaving 3july next month...what need to be done....i dont even have a VISA.

    And what needs to be done for B1 VISA.

    I emailed the chennai US embassy but couldnt get any reply............


    Keep you head cool, don't panic (i know, it is easy to say...)

    First things first,
    Launch a police complaint (this is very essential). (Get 8-10 photocopies made for these).
    Take the complaint number and papers from police to Indian consulate and get a passport (1 year validity passport will be issued in 2-3 working days in this situation). I hope you have photocopies of your old passport including VISA page (hope you have I-94 photocopy as well). Approach local USCIS office and give them your stolen passport photocopies, complaint papers etc. They might be able to help.

    My friend went thru even worse situation then you are in, his laptop bag with his passport, money, cell phone etc.. Got stolen from Frankfurt airport while was flying from Delhi to JFK, he got stuck in Germany for 4-5 days. He was in very bad shape, fortunately, he had few dollars and credit cards (corporate and personal with him)..... He was able to enter into USA on 5th day. I quoted my friends incident here just to boost your morale. Keep tight, hang in there.


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  • NolaIndian32
    04-28 06:13 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)

    If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.

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  • hyderabad123
    04-27 08:08 AM
    Hi mhssatya,

    Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.

    I had interview on Mar 30th on I-485 Interview,

    Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.

    Before itself I moved new employer uncer AC 21 portability.
    We applied MTR on I-485 and thet is approved.
    After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
    Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.



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  • shukla77
    11-14 09:15 PM
    :)Wow.. That sounds like a plan..:D:D:D.. What about contacting Lalu...

    [QUOTE=kumarc123;195464]Hello all IV members,

    Lastly i feel, we should contact some high profile politicians in India, so they can put a question or make some time of arrangement for Indians who are stuck over here, we all know unites states is interested in nuclear deal, if some type of provision is put in there to help Indians in this country


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  • Ramba
    07-29 07:15 PM
    Ahem.. ? :confused:

    Technically speaking, an immigrant visa should be immediately available to approve her 485. So, she needs to wait till her PD (which is in fact yours), become current again. You may contact a lawyer orCongressman/Senaters or USCIS regarding this situation. But I doubt it will yield any positive results. As she is a derivative applicant, she will have no problem in approval, except the waiting game. If it going to be very long, once you acquire a citizenship, you can file a I-30 for her and she will become GC holder immediately.


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  • ivjobs
    11-09 01:48 PM
    Just to keep the ideas about entrepreneurship and the group activity floating at a central place, a file has been created in the group. Any one who feels their ideas, thoughts and proposals are worth and benefit the VI entrepreneur community, please add them below. The team will review them frequently and try to implement as many as feasible in the best interests of the IV and the group.

    Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:

    1. Create a Charter which describes our activities,what we want to do,
    roles, responsibilities, How to address issues and conflicts among
    members etc.

    2. Establish a core team/board who will report to a chair and is
    ultimately responsible for policies, actions etc.

    3.Identify and assign responsibility to individual members

    4.Clearly identify the chain of command (whose responsible for what
    and who does final decision)

    5. Also assign the charter/board to come up with a business plan, do
    investment analysis etc for the group.

    6. Chalk out any short term and long term initiatives such as
    attracting and retaining folks, managing day to day affairs, sharing
    the wealth of knowledge and profits.

    7. Should we register a domain?
    its 9.99/yr at godaddy, so that we can move from an informal setup
    like yahoo groups to a more formal setup...with our own forum and

    8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
    cent/month) or 10$ life long membership....that will cover the cost
    of hosting.

    9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?

    10. Create a shared repository for the all the startup related information specifically targeting IV audience.

    Please add in your thoughts to the above or visit

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  • girishvar
    08-12 06:35 PM
    OCI's can work without visa. ALL PIO's are eligible for OCI.

    According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.

    Only OCI visa holders can work without employment visa.

    You may want confirm the details on the Embassy website as they keep changing rules from time to time.


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  • ilikekilo
    04-30 10:01 PM
    good one there...way to go

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  • Maverick1
    08-13 11:25 AM
    If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

    Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.


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  • h4hopeful
    05-30 06:51 PM
    the reason she was denied is because she is young

    SHe is young and already has a family of her own? Are you sure that was the reason for denial? How many members besides her and her husband did you try to sponsor?

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  • gcisadawg
    03-09 07:21 PM
    My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.

    My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.

    Based on my experience, I would recommend the following:

    1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)

    2. If option 1 does not work, try to go through your local congressman.

    Hope this helps. All the best.

    My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?



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  • xela
    04-23 05:59 PM
    June 31?

    lol Thanks,....yeah the impossible it was the 30th, my bad

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  • nihar
    11-30 05:05 PM
    Dhundun you have hit the nail on the head . Now i will be more clear

    I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???


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  • sunilsj
    01-21 02:10 PM
    Like I mentioned earlier, I personally know 2 cases as I am writing this. Both visited Mumbai office and both are stuck with 221(g). It may not therefore be generalized that Mumbai is better or worse than any other place. It is a matter of who you encounter with, timing and luck.

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  • madsat1234
    06-08 03:11 PM
    Hi Freedom2007,

    Can you please let me know your Interview Checklist..what they have asked for...



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  • yestogc
    07-02 09:52 PM
    Once you use EAD, you cannot go back to H1B.
    Also I did not understand what you meant by :

    "But need to bring my spouse in few months on H4"

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  • shana04
    01-31 01:21 AM

    Need help and suggestion.

    To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

    I leave in a single bed room ground floor 785 Sq ft.

    I have called the customer service for dispute and investigation.:mad::mad::mad:

    Has any one encountered this kind of problems with electricity department. please enlighten !!!


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  • siva008
    02-24 03:04 PM
    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

    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

    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me

    04-05 03:29 PM
    I am in my 6th year H1B and have an approved I-140 (EB3) with PD in 2005. I am seriously considering moving to another company in order to be able to file in EB2 because of current priority date in that category. You guessed it; I am from ROW and I will qualify for EB2.

    I have had several interviews but some of the employers were worried about the fact that I am in my 6th year and whether there was enough time for me to be able to safely transfer everything over to the new company. From what I know, here are the steps involved:

    * transfer H1B - 1 month
    * New labor - 3 month (max)
    * I-140 - 1 month (premium)

    So within 5 months, I-140 could be approved and then I'll be able to extend my H1B.

    1. Is the timeframe I am thinking realistic?
    2. Since I only have about 7 months left in my current H1B, is it wise to take this risk?
    3. What could be the greatest risk in transferring companies at this stage?

    Thanks in advance for your help.

    10-05 11:00 AM
    Yes, I noticed that and thought the same. I am submitting my application today. I have been trying it for the last 7 years with no luck. Who knows, this one could be the one when I hit the jackpot ! :cool:

    Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

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