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  • LostInGCProcess
    03-02 06:14 PM
    Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .

    i greatly appreciate your responses.

    Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.

    I am sorry, I don't know any attorneys that deal with civil cases like non-compete.

    Thanks.





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  • telekinesis
    09-05 02:40 AM
    No dissing the Pixel Stretch, ya'll betta recognize, my Splash would look even cr@pier without the pixel stretch!





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  • IV2007
    06-25 12:06 PM
    Guys,

    My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

    What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

    We have planned for H1 stamping back in India while she's on vacation.

    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree





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  • martinvisalaw
    06-16 01:01 PM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

    Your H-1B should not be revoked just because the 485 is denied. You should be able to continue in H-1B status until it expires. However, you would not be eligible for extensions since you would be over the 6 year maximum.



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  • purgan
    01-22 11:35 AM
    http://hbswk.hbs.edu/item/5585.html

    The Immigrant Technologist:
    Studying Technology Transfer with China
    Q&A with: William Kerr and Michael Roberts
    Published: January 22, 2007
    Author: Michael Roberts

    Executive Summary:
    Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain? Professor William Kerr discusses the phenomena of technology transfer and implications for U.S.-based businesses and policymakers.

    The trend of Chinese technologists and entrepreneurs staying home rather than moving to the United States is a trend that potentially offers both harm and opportunity to U.S.-based interests.

    Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S. and are strong contributors to American technology development. It is in the United States' interest to attract and retain this highly skilled group.
    U.S. multinationals are placing larger shares of their R&D into foreign countries, around 15 percent today. U.S.-based ethnic scientists within multinationals help facilitate the operation of these foreign direct investment facilities in their home countries.

    Immigrants account for almost half of Ph.D.-level scientists and engineers in the U.S., and are prime drivers of technology development. Increasingly, however, Chinese technologists and entrepreneurs are staying home to pursue opportunities. Is this a brain drain?


    Q: Describe your research and how it relates to what you observed in China.

    A: My research focuses on technology transfer through ethnic scientific and entrepreneurial networks. Traditional models of technology diffusion suggest that if you have a great idea, people who are ten feet away from you will learn about that idea first, followed by people who are 100 miles away, and so forth in concentric circles. My research on ethnic networks suggests this channel facilitates faster knowledge transfer and faster adoption of foreign technologies. For example, if the Chinese have a strong presence in the U.S. computer industry, relative to other ethnic groups, then computer technologies diffuse faster to China than elsewhere. This is true even for computer advances made by Americans, as the U.S.-based Chinese increase awareness and tacit knowledge development regarding these advances in their home country.

    Q: Is your research relevant to other countries as well?

    China is at a tipping point for entrepreneurship on an international scale.A: Yes, I have extended my empirical work to include over thirty industries and nine ethnicities, including Indian, Japanese, Korean, and Hispanic. It is very important to develop a broad sample to quantify correctly the overall importance of these networks. The Silicon Valley Chinese are a very special case, and my work seeks to understand the larger benefit these networks provide throughout the global economy. These macroeconomic findings are important inputs to business and policy circles.

    Q: What makes technology transfer happen? Is it entrepreneurial opportunity in the home country, a loyalty to the home country, or government policies that encourage or require people to come home?

    A: It's all of those. Surveys of these diasporic communities suggest they aid their home countries through both formal business relationships and informal contacts. Formal mechanisms run the spectrum from direct financial investment in overseas businesses that pursue technology opportunities to facilitating contracts and market awareness. Informal contacts are more frequent�the evidence we have suggests they are at least twice as common�and even more diverse in nature. Ongoing research will allow us to better distinguish these channels. A Beijing scholar we met on the trip, Henry Wang, and I are currently surveying a large population of Chinese entrepreneurs to paint a more comprehensive picture of the micro-underpinnings of this phenomena.

    Q: What about multinational corporations? How do they fit into this scenario?

    A: One of the strongest trends of globalization is that U.S. multinationals are placing larger shares of their R&D into foreign countries. About 5 percent of U.S.-sponsored R&D was done in foreign countries in the 1980s, and that number is around 15 percent today. We visited Microsoft's R&D center in Beijing to learn more about its R&D efforts and interactions with the U.S. parent. This facility was founded in the late 1990s, and it has already grown to house a third of Microsoft's basic-science R&D researchers. More broadly, HBS assistant professor Fritz Foley and I are working on a research project that has found that U.S.-based ethnic scientists within multinationals like Microsoft help facilitate the operation of these foreign direct investment facilities in their home countries.

    Q: Does your research have implications for U.S. policy?

    A: One implication concerns immigration levels. It is interesting to note that while immigrants account for about 15 percent of the U.S. working population, they account for almost half of our Ph.D.-level scientists and engineers. Even within the Ph.D. ranks, foreign-born individuals have a disproportionate number of Nobel Prizes, elections to the National Academy of Sciences, patent citations, and so forth. They are a very strong contributor to U.S. technology development, so it is in the United States' interest to attract and retain this highly skilled group. It is one of the easiest policy levers we have to influence our nation's rate of innovation.

    Q: Are countries that send their scholars to the United States losing their best and brightest?

    A: My research shows that having these immigrant scientists, entrepreneurs, and engineers in the United States helps facilitate faster technology transfer from the United States, which in turn aids economic growth and development. This is certainly a positive benefit diasporas bring to their home countries. It is important to note, however, that a number of factors should be considered in the "brain drain" versus "brain gain" debate, for which I do not think there is a clear answer today.

    Q: Where does China stand in relation to some of the classic tiger economies that we've seen in the past in terms of technology transfer?

    A: Taiwan, Singapore, Hong Kong, and similar smaller economies have achieved a full transition from agriculture-based economies to industrialized economies. In those situations, technology transfer increases labor productivity and wages directly. The interesting thing about China and also India is that about half of their populations are still employed in the agricultural sector. In this scenario, technology transfer may lead to faster sector reallocation�workers moving from agriculture to industry�which can weaken wage growth compared with the classic tiger economy example. This is an interesting dynamic we see in China today.

    Q: The export growth that technology may engender is only one prong of the mechanism that helps economic development. Does technology also make purely domestic industries more productive?

    A: Absolutely. My research shows that countries do increase their exports in industries that receive large technology infusions, but non-exporting industries also benefit from technology gains. Moreover, the technology transfer can raise wages in sectors that do not rely on technology to the extent there is labor mobility across sectors. A hairdresser in the United States, for example, makes more money than a hairdresser in China, and that is due in large part to the wage equilibrium that occurs across occupations and skill categories within an economy. Technology transfer may alter the wage premiums assigned to certain skill sets, for example, increasing the wage gaps between skilled and unskilled workers, but the wage shifts can feed across sectors through labor mobility.

    Q: What are the implications for the future?

    A: Historically, the United States has been very successful at the retention of foreign-born, Ph.D.-level scientists, inventors, and entrepreneurs. As China and India continue to develop, they will become more attractive places to live and to start companies. The returnee pattern may accelerate as foreign infrastructures become more developed for entrepreneurship. This is not going to happen over the next three years, but it is quite likely over the next thirty to fifty years. My current research is exploring how this reverse migration would impact the United States' rate of progress.

    About the author
    Michael Roberts is a senior lecturer in the Entrepreneurial Management unit at Harvard Business School.





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  • rockstart
    03-22 09:15 AM
    Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.



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  • backtoschool
    01-08 04:36 PM
    [QUOTE=mharik]Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


    ANYONE????





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  • don840
    04-04 01:30 PM
    immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.

    wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.

    Also, do you think Consular processing might be a better option instead of 485?



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  • Kalidindi
    07-30 12:46 PM
    I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,





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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.



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  • senthil1
    11-03 07:25 PM
    Whatever the results I think there will be attempts to revive CIR in 2009 including increase of H1b and Greencard numbers. The increase of H1b may come with some reform to minimise the abuse of h1b. But the fate of any bill depends on the contents of the bill. If the bill is really a compromise with moderate numbers then it will be passed. If the bill is one sided then the fate of the bill is uncertain.


    Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

    Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

    Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.





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  • pkpalta
    08-11 05:02 PM
    Admin, please remove this post. If INS reads it and amends to verify all the employers then there will be more back logs and more retrogression.

    We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.

    ;)



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  • chanduv23
    02-24 07:17 AM
    this is what i know

    since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

    u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

    again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

    btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?

    Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.

    His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.

    His employer also threatening to withdraw 140 support if he leaves.

    OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.





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  • dpp
    07-11 11:06 AM
    I485 premium would be way too complicated, unless it takes longer than 14 days. The agency is suppose to do much more checks before granting legal residency, so it may be difficult for them to process i485s in 14 days. Jusy my thoughts.

    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.



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  • zCool
    03-20 11:11 PM
    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..





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  • gcisadawg
    06-22 09:36 AM
    3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .

    Dude,

    You speak as if there is a CIR on the table and all that is needed is a "yes" or a "no" vote.
    You know that that is not the case. There is no CIR yet. Creating one that is acceptable to the majority is the key task. That would take time, effort, resources and ultimately "votes"! At the end of the day, CIR will not reflect the need of the hour. It only reflects the politics of the day!

    GCisaDawg



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  • anyluck?
    09-15 01:23 PM
    Obama told he will atleast discuss on CIR after health care. He knows well that Health care bill will take long time to resolve, so that he can escape. One way or other he will not do anything.





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  • eilsoe
    10-03 12:12 PM
    Yep!! :P

    About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...

    looks weird...





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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj





    GCwaitforever
    05-26 10:36 PM
    Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

    Amen to that.





    venram
    01-09 02:42 PM
    When is it scheduled to publish? My guess is EB2 would move towards end of 2001 and slight or no movement in EB3.



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