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 H1B Stamping

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Posted on 01-13-09 11:35 AM     Reply [Subscribe]
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Hi guys,
Can anybody let me know about the H1b Stamping in either Canada or Mexico? Which one is better? I changed my status from B1 to F1 and OPT and H1B. Can I apply or is it very difficult for such kind of stamping? Please help me my friends.

 
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Posted on 01-15-09 5:53 PM     Reply [Subscribe]
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Is it true??? Can't believe, I was also thinking to go for stamping this February. Any Source???http://www.sajha.com/sajha/chat/smileys/m-sad.gif
 
Posted on 01-17-09 7:33 PM     Reply [Subscribe]
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Guys,
FYI, i got my visa stamped on jan 15th 09 from Ottawa, Canada. So I am not sure about those laws. What i did was hired a American Lawyer in Canada and everything went smoothly.



 
Posted on 01-17-09 9:44 PM     Reply [Subscribe]
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Hello Naps!
I need some help from you. I am also planning to go Canada in this March for stamping. How did you hire lawyer there? If you don mind can you give me your contact add..no.. so that I can talk to u in this matter?

 
Posted on 01-17-09 10:13 PM     Reply [Subscribe]
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I consulted with
Guberman, Garson, Bush
Immigration Lawyers
Norka Zagazeta
email: norka@ggbilaw.com
Phone:416-363-1234




 
Posted on 01-17-09 10:38 PM     Reply [Subscribe]
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Newtech,
   send me an email in this address: nbajrach@yahoo.com


 
Posted on 01-18-09 8:25 AM     Reply [Subscribe]
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Might be just for Mexico


Source: http://mexico.usembassy.gov/eng/evisas_third_country.html


Visa Services
Third Country Nationals Who Live in the United States and Who Wish to Apply for Visas in Mexico


Third Country Nationals residing in the United States who wish to apply for a visa in Mexico may make their interview appointment at any of the ten posts comprising Mission Mexico on-line at http://www.usvisa-mexico.com/ (click on "English" if necessary) or by phone at 1-900-476-1212.

Appointment numbers are limited and may be unavailable at some posts because of other demands so flexibility in where you wish to apply is helpful.

Who Can Apply in Mexico


  • Applicants seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if the initial visa was issued in the applicant's home country or at one of the border posts in the past few years.

Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States. Every effort will be made to expedite these procedures; however, it is not possible to guarantee completion of this process by a particular date.


Who Cannot Apply in Mexico:



  • Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
  • Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
  • Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
  • Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
  • Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
  • Applicants who obtained their current visa in a country other than that of their legal residence.
  • PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan  or Iran, you are not eligible to renew your visa in Mexico.

*TCN Visa Renewals– Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days in Mexico while their visa is being processed.


 


If you wish to know more about H1B visa stamping follow this link


http://murthyforum.atinfopop.com/4/OpenTopic?a=frm&s=1024039761&f=4724019812


 


Did mine in Nepal, and it went smoothly, but I think they are holding those whoever is thru dhoti consultancy. I think the main reason for this is PIMS verification. Generally the PIMS is not updated, so you can call or email consulate for PIMS verification before actually going for stamping.


source: http://www.murthy.com/news/n_pimsvu.html


PIMS Verification Update
Posted Dec 28, 2007
©MurthyDotCom
A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
©MurthyDotCom
USCIS Must Send KCC Petition Approvals before Visa Issuance
©MurthyDotCom
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
©MurthyDotCom
Benefits Provided by New Verification System
©MurthyDotCom
The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
©MurthyDotCom
Negative Effects of New System
©MurthyDotCom
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
©MurthyDotCom
Conclusion
©MurthyDotCom
The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.


Oh yeah, there is something called TAL(Technology Alert List). Be sure ur job doesnt fall into this category.

The Technology Alert List (TAL)

And

It’s Visa Issuance Implications

 

 

International faculty, scholars and students (hereinafter visa applicants) coming to the United States to engage in an activity identified in the Technology Alert List (hereinafter TAL) may encounter lengthy delays at United States Consulates or maybe ineligible to obtain a visa if the proposed activity is subject to the United States technology transfer laws.

 

  • What is the TAL?

 

Originally designated to help and maintain technological superiority over the Warsaw Pact, it was later revised to cover current laws restricting or prohibiting the export of goods and technologies.  In particular the TAL was designed to assist in the implementation of INA §212 (a)(3)(a) which renders inadmissible foreign nationals who are believed to be seeking entering the United States to violate or evade United State laws prohibiting the export of goods, technology or sensitive information.

 

The TAL consists of two parts: (1) “Critical Fields List” which lists the major fields of technology transfer concern, and (2) the Department of State List of designated State Sponsors of Terrorism.  The first test applies to nationals of all countries while the second test is intended to remind the Consular Officers that applicants from listed countries warrant special scrutiny and are subject to a mandatory Visa Mantis checks.  To obtain a complete copy of the Critical Field List visit www.tamu.edu/isd or http://international.tamu.edu/iss/.

 

A Visa Mantis Check is a request made by the Consular Officer to the Department of State to seek advisory assistance for the specific case at hand.  Processing times for this type of check vary widely and the visa applicants may experience delays (from one to seven months or more) that may jeopardize their plans to work or study in the United States.

 

However, most of the information taught in academic courses is not subject to United States technology transfer controls.  Moreover, information in the public domain used for many research projects may not fall under these types of controls.  Nonetheless, Consular Officers have an obligation to prevent the loss of United States technology or sensitive information, and accordingly must enforce INA §212 (a)(3)(a).

 

  • What does the visa applicant need to do?

 

It is clear from the guidance given by the Department of State on this issue that the foreign national needs to provide the Consular Officer with as much information as possible to aid him/her in making a determination as to whether or not the visa petition is subject to a Visa Mantis check.  This information needs to come from two sources: the applicant and the employing department (if an employee) or the University (if a student).  This aids the Consular Officer and reduces the probability of being subjected to this type of security check.

 

  • Reducing the risk of Visa Mantis checks

 

When the visa applicant files a petition, the Consular Officer will review the type of activity that the applicant will be engaged in upon arrival in the United States.  The Consular Officer will also take into consideration all other relevant factors pertaining to the petition.  It is, therefore, paramount to provide the Consular Officer with detailed information pertaining to the visa applicant’s background, proposed activities and travel plans.

 

In addition to the documents one would normally take to the United States Consulate to obtain a visa stamp, such as I-20, DS-2019, H-1B approved petition and supporting documentation [for a complete list of documents and requirements to obtain a U.S. visa stamp www.tamu.edu/isd (if an employee) or http://international.tamu.edu/iss/ (if a student)] the visa applicant should take to the interview the following additional documentation:

 

I.  Background Information (to be provided by the visa applicant)

 

The visa applicant’s background information should include:

 

      (A) For New Scholars or Faculty Members

    • Complete resume
    • List of publications, including samples
    • Project Description in which the visa applicant is or has been involved
    • Description of the specifics of his work and points of contact in his home country
    • Letters of recommendation from the institution where the applicant is or has been working prior to coming to the United States
    • Evidence and explanation of the source of funding if the scholar is being sponsored by his/her government or he/she is providing his/her own funding

(B) For Current Faculty/Scholar Employees (continuing activities)

    • Complete resume
    • List of publications, including samples
    • Evidence and explanation of the source of funding if the scholar is being sponsored by his/her government or he/she is providing his/her own funding
    • Description of the specifics of his/her work in the United States and points of contact in his home country

(C) For Currently Enrolled Students

    • List of courses taken to attain the degree (degree plan) and the specifics of his/her interest to study in the United States
    • A copy of the departmental description of the degree program
    • Complete resume
    • List of publications (if any), including samples
    • Letters of recommendation from the institution where the applicant is or has been studying prior to coming to the United States
    • Source(s) of funding for the education
    • If the student is receiving a research assistantship, a description of the employment including who is the and the employer (principal investigator)

 

(D) For Newly Admitted Students

    • The specifics of his/her interest to study in the United States
    • Complete resume
    • List of publications (if any), including samples
    • Source(s) of funding for the education.  If the student will receive a research assistantship, a description of the employment including who is the and the employer (principal investigator)

 

      II. Proposed or Continuing Activities in the U.S.A. (to be provided by                  the University)

 

(A)  For New Scholars or Faculty Members

o    Letter of recommendation from the employing department

o    Description of the specifics of the teaching position or the research project in the United States including any specifics as to the need for security clearance, and point of contact (Department Head or PI)

o    Copy of the job offer letter or the extension of the employment

 

(B)  For Current Faculty/Scholar Employees (continuing activities)

o    Description of the specifics of the ongoing teaching work or research project at TAMU in the form of a letter from the Department Head or PI regarding same, including any specifics as to the need for security clearance

o    Copy of the job offer letter or the extension of the employment

o    Letter of recommendation or support from the employing department

 

(C)  For Currently Enrolled Students

o    Copies of the University’s brochure in which academic programs are listed

o    Letter from the academic department, admissions office regarding the proposed degree for which the student has matriculate, with a detailed explanation, in layman’s terms, of the content of those courses that could be subject to TAL.

o    If the student will receive a research assistantship, a description of the employment including who is the and the employer (principal investigator)

o    Letters of recommendation from professors if they know the student

 

(D)  For Newly Admitted Students

o    Letter from the academic department regarding the proposed degree fro which the student has matriculated, with a detailed explanation, in layman’s terms of the content of those courses that could be subject to TAL.  If the student will receive a research assistantship, a description of the employment including who is the and the employer (principal investigator)

o    Official admission letter

 

 

CRITICAL FIELDS LIST

 

A. Conventional Munitions: Technologies associated with:

 

  • Warheads and other large caliber projectiles
  • Reactive armor and warhead defeat systems
  • Fusing and arming systems
  • Electronic countermeasures and systems
  • New or novel explosives and formulations
  • Automated explosive detection methods and equipment

 

B. Nuclear Technology: Technologies associated with production and use of nuclear material for both peaceful and military applications.  Included are technologies for:

 

  • Enrichment of fissile material
  • Reprocessing irradiated nuclear fuel to recover produced plutonium
  • Production of heavy water for moderator material
  • Plutonium and tritium handling

 

Also, certain associated technologies related to nuclear physics and/or nuclear engineering.  Includes materials, equipment or technology associate with:

 

  • Power reactors, breeder and production reactors
  • Fissile or special nuclear materials
  • Uranium enrichment, including gaseous diffusion, centrifuge, aerodynamic, chemical, Electromagnetic Isotopic Separation (EMIS), Laser Isotope Separation (LIS)
  • Spent fuel reprocessing, plutonium, mixed oxide nuclear research
  • Inertial Confinement Fusion (ICF)
  • Magnetic confinement fusion
  • Laser fusion, high power lasers, plasma
  • Nuclear fuel fabrication including Mixed Oxide (uranium-plutonium) fuels (MOX)
  • Heavy water production
  • Tritium production and use
  • Hardening technology

 

C. Rocket Systems (including ballistic missile systems, space launch vehicles and sounding rockets) and Unmanned Air Vehicles (UAV) (including cruise missiles, target drones, and reconnaissance drones): Technologies associated with rocket systems and UAV systems.  The technology needed to develop a satellite launch vehicle is virtually identical to that needed to build a ballistic missile.

 

D. Rocket System and Unmanned Air Vehicle (UAV) Subsystems: Propulsion technologies include solid rocket motor stages, and liquid propellant engines.  Other critical subsystems include re-entry vehicles, guidance sets, thrust vector controls and warhead safing, arming and fusing.  Many of these technologies are dual-use.  Technologies include:

 

  • Liquid and solid rocket propulsion systems
  • Missile propulsion and systems integration
  • Individual rocket stages or staging/separation mechanism
  • Aerospace thermal (such as super alloys) and high-performance structures
  • Propulsion systems test facilities

 

E. Navigation, Avionics and Flight Control Useable in Rocket Systems and Unmanned Air Vehicles (UAV): These capabilities directly determine the delivery, accuracy, and lethality of both unguided and guided weapons.  The long-term costs to design, build and apply these technologies have been a limiting proliferation factor.  Technologies include those associated with:

 

o    Internal navigation systems

o    Tracking and terminal homing devices

o    Accelerometers and gyroscopes

o    Rocket and UAV and flight control systems

o    Global Positioning System (GPS)

 

F. Chemical, Biotechnology and Biomedical Engineering: The technology used to produce chemical and biological weapons is inherently dual-use.  The same technologies that could be applied to develop and produce chemical and biological weapons are sued widely by civilian research laboratories and industry; these technologies are relatively common in many countries.  Advanced biotechnology has the potential to support biological weapons research.  In the biological area, look for interest in technologies associated with:

 

  • Aerobiology (study of microorganisms found in the air or in aerosol form)
  • Biochemistry
  • Pharmacology
  • Immunology
  • Virology
  • Bacteriology
  • Mycology
  • Microbiology
  • Growth and culture of microorganisms
  • Pathology (study of diseases)
  • Toxicology
  • Study of toxins
  • Virulence factors
  • Genetic engineering, recombinant DNA technology
  • Identification of nucleic acid sequences associated with pathogenecity
  • Freeze-drying (lyophilization)
  • Fermentation technology
  • Cross-filtration equipment
  • High “DOP-rated filters” (e.g., HEPA filters, ULPA filters)
  • Microencapsulation
  • Aerosol sprayers and technology, aerosol and aerosolization technology
  • Spray or drum drying technology
  • Milling equipment or technology intended for the production of micron-sized particles
  • Technology for eliminating electrostatic charges of small particles
  • Flight training
  • Crop-dusting, aerosol dissemination
  • Unmanned aerial vehicle (UAV) technology
  • Fuses, detonators, and other munitions technology
  • Submunitions technology
  • Computer modeling of dissemination or contagion
  • Chemical absorption (nuclear-biological-chemical (NBC) protection). 

 

In the chemical area, look for:

 

 
Posted on 01-18-09 12:45 PM     Reply [Subscribe]
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Trying to highlight imp info from above message

Who Can Apply in Mexico


  • Applicants
    seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if
    the initial visa was issued in the applicant's home country or at one
    of the border posts in the past few years.


Notice: Certain
visa applicants may be subject to additional administrative
processing. This administrative processing may last weeks, thus
delaying visa delivery and the applicant's return to the United States.
Every effort will be made to expedite these procedures; however, it is
not possible to guarantee completion of this process by a particular
date.



Who Cannot Apply in Mexico:




  • Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.

  • Applicants
    who entered the U.S. with a visa issued in their home country and
    changed status with Department of Homeland Security in the U.S. who
    seek a new visa in the new visa category

So How can you do stamping in Mexico or Canada ?? or there are different rules on Canada??

And tehguy what is this PIMS verfication ? and who have to do that ?? cosultant company or ourself ?




 
Posted on 01-18-09 1:02 PM     Reply [Subscribe]
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USCIS itself. Once i came across something called "Notify Consulate" in I-129 form. If this is checked then PIMS is updated, but not too sure about it. You can always e-mail the consulate to check it.


Follow this link for discussion regarding PIMS


http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=2141052161


USCIS Must Send KCC Petition Approvals before Visa Issuance
©MurthyDotCom

The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.

 

Maharjana

Can u tell us how u converted from B1 to F1?

Last edited: 18-Jan-09 01:27 PM

 
Posted on 01-19-09 6:57 PM     Reply [Subscribe]
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Frens,
I am really grateful to Techguy and others. But still wondering, I am not applying to change my visa status because I already have the H1 and just want to re-enter the US with the same visa. It means that I am not seeking new visa to enter the US. Does it mean that, I will be applying for the new visa category? I am really sorry my frens, I am still not convinced. Please some more suggestions!

Techguy, its really easy to change the visa status from B1/B2 to F1. If anybody seeks to change the status, please email me, I will help you guys out. I have helped so many frens to do so, without any hassles.
 
Posted on 01-19-09 8:18 PM     Reply [Subscribe]
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Hey guys,


How to change your status to H1 from OPT? Your help will be appreciated.


 
Posted on 01-20-09 8:02 AM     Reply [Subscribe]
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Compassion,
You cannot change your status yourself from OPT to H1. Instead, you have to find a company who will file H1 for you. It means that, the company is willing to offer you a job when it is approved. That company should also be enlisted in e-verify program. For details, please search the previous postings in sajha. 

 
Posted on 01-20-09 10:34 AM     Reply [Subscribe]
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Maharjana,
       Visa and status r two different thing, Visa is the one that lets u inside US, Status lets you remain inside.
if u cant get inside US you cant remain inside. If you are already insde then its no problem, but if you r planning to go out soon then  you must have a valid visa stamp in your PP to get in with
Type : H1B

If you dont have valid Visa, then yes you'll have to go thru following process to get new visa.

Once you have an approved I-797, go to the NABIL Bank at Maharajgunj
(Behind Namaste Super Market) Tel # 977-1-4720890).  Once you apply,
NABIL Bank will provide you with a receipt and schedule you for an
appointment and mark the time on your receipt.  Do not call the Consular Section.  Appointment information will not be provided over the phone.   Please note:  The application fee is non-refundable,  It is collected whether a visa is issued or not.


When applying applicant must submit the following:

  • Completed application form
  • Passport
    valid for travel to the United States and with a validity date at least
    six months beyond the applicant’s intended period of stay in the United
    States.
  • One colored photograph
  • A notice of approval, Form I-797
  • MRV receipt (provided by the Bank)
  • Citizenship card

The following documents are required at the time of interview:


-        Approval Notice Form I-797 issued by the USCIS

-        Evidence of Employment in the U.S. (e.g., Job letter, pay stubs etc)

-        Firm Registration Documents

-        Tax documents, if any

-        Prior visas/passports

-        Academic records i.e., transcripts

-        Any other relevant documents

-        Firm registration documents in the U.S. (for L-1)

-        Citizenship card

Source : http://nepal.usembassy.gov/temp_work_visa.html


Now the question is Canada/Mexico/Nepal

Well, consulate is same everywhere, they ask same questions. If you want to know more abt what kind of questions, follow the link that i provided in threads above.

If you get a Visa, then there is no problem at all. The main question is if you dont.

Well, if you dont apply for visa in Canada or mexico then you can always return back to US within 30 days.
But if you appear for visa interview and u got denied, you can't come back to US. You will have to wait there (this is why ppl get Visa for Mexico and Canada) until you get all your docs and reapply or deport to your home country from Canada or Mexico.

Thats why ppl tend to go to their home country for applying Visa. Even if they get denied or require some docs, they will be staying at their own home which is much easier than staying at motel in Canada/Mexico.
Let me know if you got more quesiton. I will try to clear it.

And it will be better if you could post here, converting from b1/b2 to F1. This will help many ppl as well.


 
Posted on 01-20-09 11:46 AM     Reply [Subscribe]
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can someone other submit the application at the nabil bank.. or do u have to be in person there....
 
Posted on 01-20-09 12:07 PM     Reply [Subscribe]
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you need PP for that, and thats going to be only with you.

 
Posted on 01-20-09 1:03 PM     Reply [Subscribe]
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Techguy,
Thank you for your suggestion. I made up my mind to go back to Nepal whether I have valid visa or not. I will apply there as you said and will see my luck. If I am lucky (visa denied), I will be staying back with my family happily and enjoy there rest of my life, and if I am unlucky, I will have to come back and again have to worry for the status and will have to struggle again for paying all debts (credit cards, auto, home....... so many). ..... whatever.............

To change the status from B1/B2 to F1, its so easy in Virginia (I don't know about other States). Just go to one of the private school or language institute and ask them to get admitted there. They will ask you all the supporting documents including financial support and academic certificates (please be careful that some institute might verify the certificates with the University). Submit all the documents they ask, and wait for the change of status confirmation from USCIS. That's it. If you still have doubts, let me know.

 
Posted on 01-20-09 5:15 PM     Reply [Subscribe]
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is it true that we need to mention at POE that we want to go to the school for converting from B1/B2 to f1?

(prospective student in I-94 annotation )


 
Posted on 01-20-09 6:43 PM     Reply [Subscribe]
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Last edited: 18-Feb-09 12:47 PM

 
Posted on 01-21-09 7:58 AM     Reply [Subscribe]
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POE???

E verify is the combined program of DHS (Department of Homeland Security) and SSA (Social Security Administration) which will secure employees' benefits. It'll maintain all the records of employees as well as employers. Now a days, each student who are on OPT and wish to extend his duration (upto 29 months), has to be employed by e-verified company. For detail, please google for E-verify.

 
Posted on 01-21-09 9:08 AM     Reply [Subscribe]
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Port Of Entry (immigration)

 
Posted on 01-21-09 2:39 PM     Reply [Subscribe]
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That doesn't make any sense. We are not supposed to mention any other issue in front of Immigration Officer at POE.

 



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