jindhal
09-23 01:47 PM
tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
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doubleyou
05-18 03:30 PM
Rvendra, Looks like we are in the same boat.
1)Did you check with the Ombudsman too?
2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?
1)Did you check with the Ombudsman too?
2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?
h1bemployee
06-23 06:29 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
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logiclife
06-20 12:06 PM
Fellows,
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
(1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.
About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.
BEFORE YOUR GC IS APPROVED:
Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.
AFTER YOUR GC IS APPROVED:
Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
(1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.
About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.
BEFORE YOUR GC IS APPROVED:
Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.
AFTER YOUR GC IS APPROVED:
Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.
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sreeanne
10-12 12:01 PM
I filed my case on July 17th to TSC. No Checks cashed yet / No receipts.:mad:
Today USCIS supposed to release bulletin. I hope TSC/NSC moves 5 more days ahead.
I have a question though : Will USCIS releases bulletin like this once both service centers dates touched Aug 17th which is the last date of submitting 485 applications due to July visa bulletin fiasco.
I even checked Oh Law firm website and they posted still 400,000 applications were waiting to be processed.
Any thoughts about this?
Today USCIS supposed to release bulletin. I hope TSC/NSC moves 5 more days ahead.
I have a question though : Will USCIS releases bulletin like this once both service centers dates touched Aug 17th which is the last date of submitting 485 applications due to July visa bulletin fiasco.
I even checked Oh Law firm website and they posted still 400,000 applications were waiting to be processed.
Any thoughts about this?
MatsP
January 31st, 2008, 03:59 AM
The idea of buying a used camera is based on the fact that once you have played a bit with "your own camera" you have a much better idea of what you like and dislike about particular features. If you spend a lot of money (most of what you can afford) then you don't have any spare for "improving on what you got". If you get something similar but a lot less expensive, in the "bargain basement", then you know what it's like, and you can get the "new model" when you have saved a little more money.
Mark's (Swartzphotography) suggestion is another good one - most digital SLR's are never "used up" - there isn't much that can really go wrong, as it's 99.9% electronics, and that's either completely broken [immediately obvious] or it's working right. Aside from ones that look like they have been used by a pro for a long time [look for big scratches, scrapes and worn off paint on the corners], it should be fine to buy a used one. For example a Canon EOS Digital Rebel or Canon EOS 10D, or Nikon D70.
--
Mats
Mark's (Swartzphotography) suggestion is another good one - most digital SLR's are never "used up" - there isn't much that can really go wrong, as it's 99.9% electronics, and that's either completely broken [immediately obvious] or it's working right. Aside from ones that look like they have been used by a pro for a long time [look for big scratches, scrapes and worn off paint on the corners], it should be fine to buy a used one. For example a Canon EOS Digital Rebel or Canon EOS 10D, or Nikon D70.
--
Mats
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champu
03-12 10:07 PM
consider infopass
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kirupa
11-21 05:42 AM
The poll will go live tomorrow (Saturday) :)
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aachoo
09-17 01:17 AM
Dude,
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
Passport and AP is all they asked me for both times I traveled. The first time I had both originals of my AP. However- I also had my 485 receipt, EAD, my H1B extension I-797, employment letter, paystubs- you name it in case. No one asked me a thing- but I was being cautious.
If you use AP- the I-94 expires 1 year from the date you enter. However- this is only the date they put on the I-94. It does not mean you are illegal after that. As long as you are an AOS applicant, your status is valid.
I am sure there is a Murthy article on this.
-a
I am planning to travel on AP first time. Can you pls reply:-
1. What all documents are required apart from AP to re-enter US?
2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?
If you can, pls reply..
Thanks
K
Passport and AP is all they asked me for both times I traveled. The first time I had both originals of my AP. However- I also had my 485 receipt, EAD, my H1B extension I-797, employment letter, paystubs- you name it in case. No one asked me a thing- but I was being cautious.
If you use AP- the I-94 expires 1 year from the date you enter. However- this is only the date they put on the I-94. It does not mean you are illegal after that. As long as you are an AOS applicant, your status is valid.
I am sure there is a Murthy article on this.
-a
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ufo2002
09-12 01:41 PM
don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
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looivy
02-24 02:30 PM
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
Thanks for sharing the information. Did they disclose what the admin processing was for?
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
Thanks for sharing the information. Did they disclose what the admin processing was for?
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KKtexas
01-21 02:59 PM
Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.
Please do check with German consulate.
Please do check with German consulate.
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vin13
12-02 01:21 PM
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
If you do not get help in one of the offices, try your luck at another USCIS office.
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gc4me
04-23 02:43 PM
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
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h1bemployee
06-23 05:47 PM
if I apply for a new H1 transfer , can I start working after getting the receipt?
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GCKarma
07-21 08:57 PM
With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?
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cooldude
08-03 10:26 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....
But I don't think all the July 2 filers have their checks cashed out. And secondly for Nekraska the I-485 cut-off date is mentioned as "7/112007". May be it's a typo and it is infact 7/1/2007.
Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....
But I don't think all the July 2 filers have their checks cashed out. And secondly for Nekraska the I-485 cut-off date is mentioned as "7/112007". May be it's a typo and it is infact 7/1/2007.
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pappu
05-11 01:24 PM
they seem to favor unskilled workers category and talk about only 5 thousand Gcs available.
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lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
surabhi
09-16 10:21 PM
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
THe IO asked who filed my green card. He didnt followup to ask if I am still working with the original employer or not.
ak_2006
11-05 08:25 AM
My collegues & me voted for him...but we need more support for sure.
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