Wednesday, June 8, 2011

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  • Green.Tech
    09-17 11:45 AM
    The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
    Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)

    if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...

    been there...done that!

    pointlesswait,

    I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.




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  • Nikhil2
    03-21 08:02 AM
    Does anybody have more comments on this case?




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  • eb2dec2005
    02-22 09:49 PM
    No, i was little skeptical i using AC21.I did not inform USCIS at all.

    Morover, i was hoping my PD would be current shortly.

    Am i in trouble?




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  • ashish3
    10-30 04:33 PM
    Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.

    Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.



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  • neelu
    12-28 08:48 AM
    Thank you everyone for the reply.


    Thanks for joining, IV.

    We need more membership. Kindly help IV by introducing ONE member.
    And this request is to everyone - Please help add ONE member to IV by dec 31st.

    Thank you.




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  • ImmiRam
    09-13 05:05 PM
    Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.

    Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.

    Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....

    Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..

    Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."

    So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).

    We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?



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  • GMKrishna
    10-05 05:55 PM
    This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.

    Good job IV.

    Thanks,




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  • ahaadi
    07-10 09:28 PM
    In case his I-140 was approved then there are no problems for this scenario right?



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  • jonty_11
    02-19 11:27 AM
    depends if u are india or china.....u shud only do EB2.
    Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.




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  • pmpforgc
    10-20 08:26 PM
    [QUOTE=bluekayal]Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140![/QUOT

    Hi Bluekayal


    Congrates on your approval.

    Can you email me or post here some details about how to check about FBI name check. what is phone no and prompts and what information they ask before they give any info?

    I am rethinking to try for preimu again? whats your suggestion in my case?

    to ort job do we need 6 months after I-140 approval ? or we just need 6 month after filing of I-485 and approved I-140?

    Congrates again. I am really happy for you as you had cleared atleast one major milestone in this unending journey



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  • gconmymind
    08-18 04:25 PM
    If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.

    She should be able to enter on H4. Then apply for COS from H4 to H1 when she is in US. This should take about 3 months.

    If possible, get the H1 visa stamped while in India. She can then enter on H1.

    I think there should not be any issues either way...




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  • cox
    May 25th, 2005, 07:07 PM
    For an 'old school' recommendation, forget auto, firmware, default settings, etc. Switch to manual mode and play with the shutter/aperture yourself. It's more fun in the end!



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  • a_yaja
    07-13 11:25 AM
    What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
    Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
    As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.

    Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.




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  • calredd
    10-01 01:52 PM
    You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.



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  • vgayalu
    01-20 07:13 PM
    At this time ,if IV is able to anounce clearly about I 485 filing option trails,

    Our guys can get good inspiration in fund raising.

    This is just my openiun. If it hurts anybody please excuse.



    vgayalu




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  • martinvisalaw
    04-19 02:37 PM
    USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)

    **************
    Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption

    Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.

    Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.



    Extend My Stay

    If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

    You may apply to extend your stay if:

    * You were lawfully admitted into the United States with a nonimmigrant visa
    * Your nonimmigrant visa status remains valid
    * You have not committed any crimes that make you ineligible for a visa
    * You have not violated the conditions of your admission
    * Your passport is valid and will remain valid for the duration of your stay

    You may not apply to extend your stay if you were admitted to the United States in the following categories:

    * Visa Waiver Program
    * Crew member (D nonimmigrant visa)
    * In transit through the United States (C nonimmigrant visa)
    * In transit through the United States without a visa (TWOV)
    * Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
    * Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

    For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.


    Last updated: 04/18/2010



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  • Arjun
    05-05 05:41 PM
    Please do something to change it or try delete/add. :o




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  • sundarpn
    11-17 11:33 PM
    Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)

    how does one bring up the topic of AC-21 to the employer?

    Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."

    (I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)




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  • Steven-T
    February 23rd, 2004, 08:35 AM
    We know how those B&H sales-people behave. I have been there too often. It all depends what you need and who happens to like to talk to you on that day at that time. LOL.

    Adorama is much smaller, but much more user friendly. 17Photo is great in price too. I haven't try the cash-for-no-tax thing yet. J&R is great, but never seem to stock the camera stuff I want, not even a 72 mulit-coated thin CPL.

    Steven

    RFE on I-485 with October 06 priority date [Archive] - Immigration Voice

    View Full Version : RFE on I-485 with October 06 priority date





    pak
    10-08 03:22 PM
    I am on F-1 applied I-485 and I-765 (EAD) on July 3 but there is no RN till yet. Can I apply for OPT-EAD which USCIS process in 11 weeks?????




    jsb
    04-17 09:30 AM
    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.

    Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..



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