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  • student79
    03-27 09:54 AM
    Hello,

    Please advise me on the following !!

    I am on H1B My wife is on H4 Visa and she is planning to do her further study for 2 yrs, and I have following questions in this regard.

    1. How difficult it is to transfer from H4 to F1 visa, do I need help of Lawer or we can do it by our own ?
    2. To transfer from H4 to F1 do I need to show 100% fee available in my account ?
    3. Her course/study is of 2 years, is it sufficient if I show 1 yr fee in my account at the time of F1 transfer ?
    4. If I dont have 100% fee, my parents can help me, but what document I need to get from them from India ?

    Thanks





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  • s_r_e_e
    11-26 05:29 PM
    congrats..

    I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'





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  • viva
    01-27 07:52 PM
    Excellent proactive attitude......This is what we need....

    I would like to make the following pledge...

    For anyone who gets one friend to sign-up for a $20 monthly recurring contribution, I will make a one-time contribution of $50 per recurring contribution upto $1000.


    Anyone ready to take up my pledge?





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  • nlssubbu
    06-20 02:41 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks



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  • lacrossegc
    12-13 12:12 PM
    Somebody please shut down/delete this thread





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  • dish
    03-23 11:46 AM
    Is the talent bill already introduced in the senate ?



    TALENT Bill
    A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
    H-1B and Nonimmigrant Visa System:
    � Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
    � Restores H-1B1 visa numbers to the overall cap. (�201)
    � Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
    � Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
    � Eliminates 214(b) for certain non-immigrants. (�203)
    � Extends foreign students� post curricular OPT to 24 months. (�203)
    Employment-based Immigrant Visa System:
    � Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
    � Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
    � Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
    (OR in the alternative)
    � Exempts USEK workers with advanced degrees from the EB cap. (�102)
    � Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
    (AND)
    � Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
    � Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
    � Exempts EB immigrant spouses and children from the cap. (�202)
    Additional �Band-Aids�:
    � Requires a pre-certification processing system for petitions. (�301)
    � Enforces AC21 30 day and six-month processing times. (�301)
    � Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
    � Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
    � Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)



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  • skakodker
    07-05 01:14 PM
    Our current immigration problems are a great reason to unite, to strive to achieve a worthwhile goal. Sure we're facing challenges but, in my opinion, we have a lot to be grateful for. One has only to read the aforementioned CNN article to see just how tough life can be when it chooses to be. My green card problems (only mine, not yours) certainly seem trivial compared to the lifetime of pain life has visited upon those women. Read it-say a prayer for those less fortunate souls-and then resume the struggle with renewed determination.

    We will prevail.

    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........





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  • dba9ioracle
    09-23 02:19 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.



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  • mariner5555
    01-08 01:55 PM
    well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?





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  • makemygc
    07-30 05:14 PM
    Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765

    Here is a link for your reference.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D

    Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.



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  • Googler
    01-14 06:34 PM
    Cut and paste for me by my attorney:

    Some Observations from DOS on India EB-2 Unavailability
    Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"

    On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.





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  • Humhongekamyab
    06-09 08:26 AM
    This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:

    I agree.



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  • arc
    10-26 12:44 PM
    Mrane and Lramni

    Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!

    I you say you are out of town on appt date do they ask for a proof?





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  • sapota
    12-12 04:36 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.

    P.S : If you are an advanced degree holder born in India. Hahahaha.



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  • eb3retro
    04-09 01:01 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.


    congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.





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  • tnite
    07-26 09:50 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.



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  • swati2309
    06-20 03:53 PM
    Our fellow marchers,

    The two of us, here in LA, are trying to hear as many stories as possible and get all the information to write our script. The more compelling the stories, the more powerful this documentary can be.

    This is a collective voice and we are all in this together. Think of this as our chance to make this voice heard. All of us who are part of this struggle are giving our best in creating world-class software, products & services. But most of all, we are providing some of the best years of our life to this adopted homeland of ours. In return, we are living our life in a holding pattern instead of realizing our potential to the fullest.

    Please do come forward and share your stories with us. People who are not in LA can still be a part of this, email us your stories. We will figure out a way to weave you in If you wish to stay anonymous, let us know and we will not mention your names, we just want to understand your life stories.

    The broader our understanding of the issues that all of us are facing, the stronger the script would come out to be.

    Bring your unique gift to this voice and help us make a change for all of us.

    You can email Jwalant at jay@immigrationvoice.org or us at weTheVoice@gmail.com

    Thanks
    Aradhana & Swati





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  • FinalGC
    02-07 09:36 AM
    Buddy:

    The way I see is that you have two options:

    1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.

    OR

    2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.

    Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.

    It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.

    I just gave you some practical advise.

    I hope you make the right decision, which would be good for you and your parents.





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  • swo
    07-05 01:40 PM
    My guess is EB2 will return to current and EB3 will be retrogressed anything from 2002 to 2005. I doubt it will be any more current than that.

    It's impossible to know. It depends how many applications were ready for approval by the time October hits.





    nlssubbu
    06-20 02:41 PM
    I used AP thrice and renewed my H1 twice after entering using AP without any issues.

    Thanks





    gconmymind
    09-12 06:00 PM
    Hi,
    I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.

    1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
    2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
    3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
    4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?

    Thank you.

    I found paper filing easier than e-file. Even with e-filing, you still need to mail your pictures.

    1. You can file AP even after the first one expires. But I filed for renewal 3 months before expiry.
    2. AP form has the TSC address. I used USPS.
    3. If you are the applicant, what is the need to sign Part 9? It is self-explanatory.
    4. There is no Notice of Appearance form if you are representing yourself and doing a self-filing.



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  • dealsnet
    04-19 02:36 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.





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  • bestia
    07-16 10:58 PM
    Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.





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  • realizeit
    07-28 10:27 AM
    For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.

    I sincerely would like to contribute at least $1000 to IV, when I receive my GC.

    So far..

    One Time Contribution - $100
    Recurring Contrib Since OCT-07: $50





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  • fatjoe
    03-18 09:14 AM
    Thank you so much piyu. I greatly appreciate your response.



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  • zoooom
    10-25 10:56 PM
    Come on guys...some one..





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  • Jaime
    05-31 01:43 PM
    I work for a big company and I know where a lot of the H1B people congregate for lunch and I posted the IV poster there



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  • neerajvir
    07-13 09:06 AM
    And fowarded to others that are affected.





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  • sac-r-ten
    01-07 11:46 AM
    Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
    NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.

    Just my thoughts.All the best.



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  • bsbawa10
    12-16 07:21 PM
    A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.





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  • kirupa
    04-25 09:29 PM
    The green one looks nice now :)



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  • ragz4u
    03-25 12:43 PM
    As per the information I received yesterday afternoon, IV's fax provider had already sent about 21,000 faxes and another 17,000+ were in the queue waiting to be sent. I just hope the fax provider's computer/fax machine does not overheat and burn :D

    About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.

    At the same time it just means that less than 30% of the members faxed.

    The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?

    Please let us know what we can do to get you involved?





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  • tabletpc
    06-11 02:00 PM
    U.S. Citizenship and Immigration Services (USCIS) announced today that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.

    Premium Processing Service offers 15 calendar-day processing for designated

    read more here...
    http://www.uscis.gov/portal/site/uscis



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  • theconfused
    12-14 11:59 PM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks





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  • jsb
    04-09 11:54 AM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.

    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?

    When they approve, they have to check boxes for emails/actions. Sometimes they forget some of them. Your email confirms that your GC journey is over. Congrats.



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  • pune_guy
    06-05 07:43 PM
    Hi,

    Both, me and my wife, have EAD and AP. I am still working on H1 and she is not using her EAD (other than to obtain SSN).

    We do not see her working for another year or so. I may switch jobs using AC21 and may do so using H1B transfer or EAD.

    So here's my question:

    1. Can I skip renewing her EAD and renew just mine?

    2. Can we renew her EAD as and when we feel the need, which may be later than the expiry date of her current EAD?

    I'd appreciate your thoughts on this matter.

    Thanks





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  • pd_recapturing
    12-09 12:26 PM
    As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...



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  • srikondoji
    08-10 11:43 AM
    >>This is true. That said, if you transfer from one office/department to >>another office/department within the same employer, you can count the 5 >>years experience as long as these two offices/departments are using two >>different Tax Id for your W-2. This is what our lawyers told us.

    Wow. This is news to me?
    How can an employee get two different tax-ids if he is shifting departments and still is in same country?

    Thanks for the info. This piece of info few months ago would have made my life.





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  • a_yaja
    07-27 10:17 AM
    Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?





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  • bomber
    07-25 12:26 PM
    I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
    Thanks!


    You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)





    raysaikat
    03-28 11:01 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr

    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.





    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.