Friday, June 17, 2011

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  • Desertfox
    01-03 01:19 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.





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  • Macaca
    03-28 04:27 PM
    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.





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  • help43
    09-10 09:19 PM
    You are correct. I dont have any gap between opt and h1-B. I mean there is no out of status issue.

    But generally if you are applied for h1-b to transfer from F1 status you will get new I-94(I797A) with H1-B approval. Most of my frends got the new I-94.

    I do have my old I-94( I got it when i came to usa to pursue masters,There is no expiration date in it)

    Which consulate is better for this case........to get solved.

    According to my old consultancy i will get 5 paystubs from old consultancy and 2 paystubs from new (H1-B)consultancy is it enough to go to consulate?





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  • sagar_nyc
    08-10 05:01 PM
    may be he is not from india :D


    and.... my Mustang can fly if i put it in the reverse gear



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  • pragir
    06-09 12:14 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?





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  • tampacoolie
    06-30 05:30 PM
    :eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.



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  • cbpds
    02-11 01:26 PM
    you can send it via usps , it will reach in 10 days.

    Disclaimer: Again there is always an element of risk in life :)





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  • yagw
    08-04 06:33 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;


    Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D



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  • jnraajan
    09-23 05:22 PM
    I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
    Dear Guru's

    I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".

    However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.

    It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.

    based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.

    Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.

    I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.

    I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.

    Is there anyway I can talk to ombudsman office and get personal attention to my case.

    Guru's please help me out with your experience and ideas.





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  • sundevil
    06-14 05:14 PM
    The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.

    Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??

    The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

    But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

    Offcourse there is another thing that comes in to play and that is the per country quota :eek:

    EB-3 India Feb-2005
    Waiting to apply I-485



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  • srikondoji
    09-10 10:49 PM
    You can buy even now as there is 2 day delivery option also.
    Atleast buy a mug or cap or something.

    Hi,

    I would like to buy an IV T-shirt at DC, since it is too late for me to order online. Will the T-shirts be available there? Please let me know.

    Thanks.





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  • sreeanne
    02-04 05:30 PM
    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.

    ~Sree



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  • Leo
    07-16 09:48 AM
    sounds great to me :)





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  • prem_goel
    09-07 06:49 PM
    the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.



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  • pyrosleepy
    11-09 10:12 AM
    My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.

    Anyone, please give me some guidance on this.
    Thanks very much in advance.





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  • vandanaverdia
    09-10 12:59 AM
    ^^^ bump ^^^



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  • singhsa3
    12-16 09:26 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?





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  • snowshoe
    11-27 03:10 PM
    Quite a few cases seem to have been approved by both TSC and NSC in the last two weeks.





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  • gccovet
    05-16 04:15 PM
    All,

    Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"

    Just wanted to update everyone so that all the June/July filers can file appropriately.

    Again, mine could be an isolated case. So, please dont panic::))

    This is going to get worse as July 07 filers (i am one of them) starts filing renewals.

    Question is: Can a person currently working on EAD continue to work on EAD (renewal request filed) eventhough EAD expires? what would be the status if he/she cannot work?
    GCCovet.





    cagedcactus
    08-30 07:15 AM
    copy of first and last paystubs of all employers?
    :eek: :eek:
    I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
    If this is not unfair that what else is?
    WOW.......

    I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?





    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