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Monday, June 20, 2011

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  • unitednations
    02-22 02:12 PM
    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.

    You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.

    If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.

    You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).

    There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.

    Long story short; was that it went to court and the candidate won...

    If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road





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  • meridiani.planum
    08-11 11:41 PM
    Hi Guys,

    I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.

    Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.

    Can somebody please suggest what to do since I can be ready if i get RFE.

    Thanks in advance.

    of all the docs, only the birth certificate is off right? that too by just 3 days. Rest everything is in sync. Moreover you have sent an affidavit also saying 17th is the date. I think you will be ok, just relax.
    DO NOT send an affidavit now claiming 20th is your birth date, when you have just sent one claiming 17th. An affidavit is a serious statement, and you cant keep changing the facts you state in it. At the end of the day USCIS wants clear-cut documents on date and place of birth, and when in doubt or if there are conflicts, then an affidavit is needed. You have sent it all in and settled on the 17th, stick by that story now. In the unlikely event you get an RFE, you can get another affidavit from your parents confirming that the date on the cert is wrong.





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  • sanju
    08-02 01:30 PM
    People have started using IV forums to report any issue with customer service. Guys, grow-up, participate in IV activity rather than screwing the effort of few good people. I am sure that people who posted on this thread about DHL/UPS/FedEx are not going to show up at the DC rally. Why are you guys wasting the bandwidth and at the same time killing your time? Wish you all the luck in finding something better to do.





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  • meridiani.planum
    05-20 04:00 PM
    Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.

    Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.

    yup. same old mess. Try to get ONE thing for EB immigrants, and first the nurses lobby jumps on the bandwagon.. atleast its all still legal immigration at that point. Suddenly agjobs and DREAM also board the train bringing the 'tainted' illegal immigration angle into this picture and soon its a big fat mess that no one wants to touch. sad state of affairs.



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  • Libra
    07-11 08:24 PM
    Beware he might shoot you:D bad idea

    Expecting help from Cheney ?:confused:





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  • lostinbeta
    10-28 09:54 PM
    That sucks eberth :(



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  • conchshell
    07-31 04:56 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?

    Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.





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  • gc_on_demand
    01-20 08:31 PM
    I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.

    but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.



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  • indygc
    12-18 11:41 PM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ





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  • paskal
    02-22 06:14 PM
    Not sure if people understood the question. Based on this data it shows India got much more then what was in the quota and there were more GC given than the yearly total limit. If this is true, why do I keep hearing that in forums that there were 250K visa's over the last 5 years that were lost because they GC's were not processed in time? If anything there were more visa's given and a disproportionately higher # for India.

    suggest you read the ombudsman report.
    and yes the numbers available were higher because
    1. a recapture was in progress
    2. recaptured visas were fifo not by country quota

    and country quota is deceptive. when ROW is current, eg last july, uscis gives out GC numbers by fifo availability not by country quota.
    of course last july was a freak...not coming back anytime soon!



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  • kiranberu
    03-14 07:16 PM
    This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
    - What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
    - How difficult is it to obtain J1 waivers ?
    - Is the new J1 conrad law beneficial ?
    - Can someone share their success story of converting J1 to another visa, Thanks all





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  • sportsguy131
    07-31 02:28 PM
    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.



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  • vishalsab2003
    06-26 12:19 PM
    Thanks for your reply, I also recvd my approval last week. Thanks a lot for reply and wish you all the best.





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  • franklin
    06-22 08:35 PM
    Seriously - give the amount of time and money each one of us spends to get a greencard, are you really that concerned with the difference of a few dollars on some photos?



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  • greenerpastures
    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.
    MScapbust,
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck





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  • highertruth
    07-30 03:55 PM
    YouTube - Aaja Tujhko Pukare Mera Pyar-Neel Kamal (http://www.youtube.com/watch?v=js368A-d7Hs)



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  • jcrajput
    09-30 09:53 PM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx





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  • black_logs
    10-25 01:13 PM
    You cannot use current job's experience in any situation
    From the above posts you can defintely use the priority date once I-140 is approved and move on.

    My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.

    Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.

    Thanks in advance for your comments.:)





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  • sekasi
    08-25 07:12 PM
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    singhsa3
    09-05 11:47 AM
    Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.

    Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
    In simple terms, priority dates will become current as soon as the bill passes.

    Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven’t decided yet. Category “C” are the ones that need to be convinced to vote in favor of the bill.

    One of the goals of the Sep 18th rally is to meet with the category “c” lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.

    So think and act….





    comstar8199
    08-25 09:34 PM
    You plan on going to wmu? (depending on your age)

    Maybe, I may end up going to Umich. Still have one more year to decide...



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