.JPG "Free tribal tattoo designs 48")
raysaikat
05-07 09:27 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(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.
(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 IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, 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 IAP-66; and
(2) A notification copy of such form to the Agency.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(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.
(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 IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, 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 IAP-66; and
(2) A notification copy of such form to the Agency.
webm
06-12 01:36 PM
Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?
I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305
---------------------
485 filer- June '2007
I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305
---------------------
485 filer- June '2007
mayhemt
07-03 11:04 AM
You guys still dont get it..do you??
Why would they ban non-immigrants from investing when there is ZERO loss for the country?
Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.
Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.
Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".
I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.
Why would they ban non-immigrants from investing when there is ZERO loss for the country?
Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.
Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.
Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".
I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.
.JPG "free tattoo designs gallery")
thamizhan
07-17 10:15 PM
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
more...
.JPG "free tattoo designs gallery")
bklog_sufferer
12-05 08:45 PM
can anyone answer this please??
justareader
09-14 02:49 PM
Count me in !
more...
yabadaba
08-14 01:07 PM
you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess
.JPG "Free Tattoo Designs, Tattoo")
johnggberg
08-10 12:55 PM
close this thread please
more...
pansy
05-14 12:29 PM
Initially I paid all the fees for I-485 and EAD filing. Now I need to renew my EAD, who should pay renewal fees [Employee or Employer]. Employer paid for H1B expired in March'08. Current EAD will expire in Sep' 08.:)
sanju
01-22 03:39 PM
Hello,
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
more...
.JPG "Free Tattoo Designs, Tattoo")
vaishnavilakshmi
06-22 04:57 PM
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
anilsal
01-14 12:04 PM
I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
more...
calaway42
10-04 12:19 AM
ok! well let me go try your steps .. wish me a luck :)
superdude
07-31 07:18 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
more...
srikondoji
07-02 01:55 PM
In the month of June, USCIS employees had too much of Red Bull during normal business hours, otherwise they wouldnot have become so efficient/robotic all of a sudden.
How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?
Did DOS played a hardball with USCIS?
By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.
Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.
Allegations against DOS and USCIS heads
1) They have colluded with doctors and lawyers to make a quick buck.
2) They are 100% inefficient and need to shutdown their shops.
3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.
There needs to be accountability on their part and own the mess and pay us back every penny.
I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.
In just 2 weeks these guys have shattered my dreams.
I had so many plans and they are broken all of a sudden.
No wonder mexicans are smart by not following rules and then protest on streets.
Its time for civil disobedience.
How on earth could they take 7-8 months for 80,000 approvals and then finish the 60,000 approvals in just less than a month?
Did DOS played a hardball with USCIS?
By making all current in the month of JULY, DOS might have blackmailed USCIS to act fast on pending applications. If not, DOS will overburden them by infinite I-485 applications from july onwards. Finally when USCIS did its job, DOS revised the bulletin and took back what they said a fornight ago.
Clearly, DOS and USCIS have lot to explain and come clean on the whole mess up. With no new information between june 14th and July 2nd, how could they turn 180 degrees?
Anyone with math 101 class could have imagined that making everybody current from july onwards was stupid. All they had to had to do was move the PD for just a month or two. But again, they did what they have done and we have to bear the consequences.
Allegations against DOS and USCIS heads
1) They have colluded with doctors and lawyers to make a quick buck.
2) They are 100% inefficient and need to shutdown their shops.
3) They have generated un-ethical profits for staples, gas stations, doctors, lawyers and airline companies and postal services.
There needs to be accountability on their part and own the mess and pay us back every penny.
I simply need my money back or they should come out and say that i can use my same application whenever the PDs become current. In the event that i loose my visa status and i have to leave this country due to any reason, they need to reimburse me all my money.
In just 2 weeks these guys have shattered my dreams.
I had so many plans and they are broken all of a sudden.
No wonder mexicans are smart by not following rules and then protest on streets.
Its time for civil disobedience.
abhisam
07-10 12:52 PM
I am in the same boat..
If we have a gap between the expiry and new EAD card,
we should not work thats for sure,
but wont have any issues of going out of status during the gap?
Are you the primary applicant? My husband is the primary applicant in our case, so i believe we will not have an issue of going out of status.
If we have a gap between the expiry and new EAD card,
we should not work thats for sure,
but wont have any issues of going out of status during the gap?
Are you the primary applicant? My husband is the primary applicant in our case, so i believe we will not have an issue of going out of status.
more...
.JPG "free tattoo designs, tattoo")
seekerofpeace
09-09 10:16 AM
Gimmegreen,
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
kentsubra
10-10 12:06 PM
i filed for me and my wife through the lawyer on july 6th at NSC. I did not and havent received a receipt; however, 2 days ago we both received the EAD card (no AP yet) through the mail. I THEN went and checked the status online, and there it said cards had been ordered for processing.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
Also, it turns out my lawyer had received the receipt notice on Sept. 18th, but i didnt.
Hope you get yours soon.
rkat
08-16 04:10 PM
Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Does this hanging I-129 petition affect the 485 / EAD that we have filed.?
Thank you!
arunmohan
06-09 05:07 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.
Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.
arihant
10-16 01:23 PM
If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.
~
Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?
This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.
~
Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?
This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.