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Sunday, June 26, 2011

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  • stevensjd
    04-28 11:59 AM
    My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
    She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.

    I was worried that they may ask couple of questions but it was very smooth.





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  • looivy
    02-22 02:37 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.





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  • sledge_hammer
    02-22 12:46 PM
    By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

    I think you should consult an attorney.

    To all Experts/Gurus, please advice on this issue.

    I hold a H-1B status as well as I-485 Adjustment of Status Pending.
    I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.

    I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.

    1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
    2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
    3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
    4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
    5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
    6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
    7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
    8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
    9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.

    These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.

    Thanks.





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  • jayleno
    10-08 04:58 PM
    I recieved my I-485 reciept directly in the mail from USCIS. My attorney got his copy to thier address. I think you need to ask your employer. Since I-485 belongs to the employee, there is no reason for them to hold the original with them.
    Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?



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  • akhilmahajan
    04-30 02:25 PM
    bumping up >>>>>>>>>>>>>>>>>>>>>





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  • vandanaverdia
    09-09 02:09 PM
    We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!



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  • silk2fire
    10-15 01:51 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(





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  • gdhiren
    05-14 10:18 AM
    Receipt Date: Feb 7, 2007
    EB 2, Non-premium
    Pending as of 05/14/2007



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  • mygc2006
    04-08 11:55 AM
    please see my signature for details





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  • Steve555
    01-31 08:38 PM
    Hi,

    Does anyone know any person who got atleast one H1 approved by filing more than one H1 Applications through multiple employers?


    Many Thanks,
    Steve



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  • seekerofpeace
    09-10 01:53 PM
    Folks,
    After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...

    Officer: Purpose
    Me: Me approved my wife not
    Officer: cases..
    Me: Presented cases
    Officer: Yes you are approved...your wife is pending
    Me: Oh really that is a revelation....
    Me: Why so?is she preadjudicated?
    Officer: There could be many reasons...no she is not pre-adjudicated...
    Me: What can we do to expedite as she is current
    Officer: Nuthin ....I was loosing my temper now...
    I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
    Officer: gave a vague Monalisa smile...
    Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...

    On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...

    Hope the info helps..

    SoP





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  • indio0617
    05-01 12:04 PM
    If i check the dates for the I140 at Texas service center............. it say october, 2006............ but here we have few ppl who have been approved from november, februray,,,,,,,,,,,,,,

    is it like something random, or USCIS holds a lottery ............. i am just curious........

    Yes, It is definitely yet another lottery.

    Only one thing seems predictable with USCIS. All processes are slipping into gross in-efficeiencies, be it LC, I-140, name checks, 485 or citizenship. We can also credit them with having invented a very infamous terminology "retrogression".



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  • dealsnet
    08-19 01:01 PM
    Here almost 70% of EB2 India people are going to get their GC in couple of months. So the traffic for IV going to be down by about 50%. So to keep the people in focus and in loop and keep the network of immigrant community even after GC and help their onward journey. They might need info about certification, tests, health, financial advise etc.
    I am now interested to go for PE license in NY state. Without GC, I am not able to appear before.





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  • cbpds
    09-15 02:07 PM
    he is enjoying two types of freedom now :P


    Enjoy the freedom!



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  • enggr
    10-12 08:15 PM
    Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

    Thanks

    Hi Kmdhar,
    Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
    Any thoughts on how we get this extension petition approved to the max of my 6 years?





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  • drona
    09-28 07:21 PM
    Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/



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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)





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  • pappu
    05-20 10:54 AM
    It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61

    I am also unable to understand why you are getting conflicting information from congressional inquiries.

    If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.





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  • LostInGCProcess
    11-13 03:43 PM
    With his executive power he could expedite the adjudication of I-485. Call President Bush. :D





    krishna.ahd
    02-05 01:34 PM
    There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
    Usually there is shortage of medical professional in PA especially OBG, Ortho etc, due to high mal practice insurance, so they all looking for interns and willing to do H1b and GC





    mnq1979
    05-21 12:36 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?



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