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  • golf52
    07-26 08:44 AM
    krish.d.rao, Morchu,

    Thanks for your replies! This forum and it's members are very helpful.
    Now, based on your reply, it seems like I need to have a few things:
    1- a good relationship with my current employer - I work for this huge company, and
    even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...

    2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.

    Do you guys think this would be an issue?

    Please advice, and thanks in advance for your comments/help,

    golf52




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  • Desi_Hydrabadi
    02-20 03:56 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.

    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??




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  • GCard_Dream
    07-09 02:07 AM
    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?




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  • prioritydate
    07-28 11:48 PM
    Where is the presence of other guys? how many of them responded to "the country of birth" poll? People of other nations doesn't suffer as much as people of India.



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  • eb3_nepa
    11-06 12:21 PM
    Concurrent H-1Bs are always non-cap.:)

    What does that mean?

    I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(

    ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).




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  • desi3933
    06-19 10:07 AM
    If there is sufficient time left on H1B, can one go for stamping at consulate although I485 is filed.

    Yes. H1-B stamping has nothing to do with I-485 filing.

    Please do some research before posting any question. Thanks!


    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002



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  • HereIComeGC
    03-26 11:06 AM
    I will go first: 50%

    :p




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  • SK2007
    11-29 05:15 PM
    I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

    I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.



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  • sunny1000
    06-28 06:10 PM
    Hello Folks,

    As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?

    If anybody know, kindly show the way.

    Thanks,
    Sriswam

    I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

    www.immigration-law.com




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  • sagar_nyc
    02-11 11:45 PM
    I am with the same employer. Thanks for your answer

    Sagar,

    I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.

    Did you use AC21 or still with the same Employer?

    I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.



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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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  • bkarnik
    05-24 05:01 PM
    You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....

    One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.

    Call me paranoid...but I am wondering the exact same thing that how come Tancredo, et.al. are not making any noises...if you remember last time these congressmen were making a lot of noise and the bill went nowhere, now in hindsight, I think internally they knew that the bill will not pass the senate at that time and were making the most of it. Similarly, the silence is ominous because it means they probably have some surprises lined up at the conference. BTW, do we know who will be on the conference from both the Senate as well as the house? Also, are the conference proceedings publicised?



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  • Anders �stberg
    July 15th, 2004, 04:50 PM
    Thanks QJ! They are cute.

    I also wish I could find a way of making the photography money flow the other way. :)




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  • kondur_007
    07-30 09:56 PM
    then you are in a good shape. Make sure you keep ur employer and attorney aware of everything.
    Good luck.



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  • PBECVictim
    03-13 10:35 AM
    Champu,

    Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.

    Thanks.

    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)




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  • Lydia
    06-18 11:33 AM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..



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  • ita
    01-15 10:30 PM
    ^^




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  • amsgc
    06-16 01:22 AM
    http://www.murthy.com/chatlogs/ch051407_P.html


    Chat User : My husband is on H1B and is about to file for his I-485.
    I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
    with my husband, or can I file while being on F-1? Please advise.

    Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.




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  • HRPRO
    03-07 07:05 PM
    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

    Smuggy,

    If I were you, I would start looking right away and will definitely file the transfer with a Premium. I consider it the cost for peace of mind more than anything else.

    HRPRO




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    pappu
    05-03 08:08 AM
    Did you get an RFE for ability to pay before it was denied? if yes, a good lawyer would have helped you answer that. Now you must ask your company to appeal this decision. It takes a year or more for this appeal to be answered. You can use this proof to get your H1B extended if needed. (that is also an option for you).

    Even while the appeal is in process, you can start looking around and find a good employer.

    Find out where the fault is. Since you are working in the company and the company is paying you salary, the ability to pay could have easily been addressed. Is it HR fault or Lawyer's fault. If you have to leave the company, you can use this as a reason to leave and tell this to the top bosses so that they can take action against incompetent HR or incompetent lawyers.

    In your new company start your PERM process asap. HR or lawyers sometimes drag the application and can take several months to move something an inch. Try to find a lawyer that you can hire rather than a company Lawyer. If is tough to find a 'good lawyer' and you need to do some shopping around yourself. Read a sticky thread in IV spotlight topics about lawyers before you hire one. In every step of the process always review each and every document that the lawyer files. Go through it word by word and line by line. Check each tick mark and crosses. Read about each stage of the process yourself and be informed. Be active on the forums and ask questions and learn from others experiences.

    We cannot afford to be ignorant of laws on immigration matters even though we are hiring experts to do our job.



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