sundarpn
04-20 01:24 PM
Student79,
Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?
Question:
If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?
The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.
And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?
Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?
Question:
If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?
The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.
And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?
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eadguru
11-06 08:34 PM
No FP yet. How can I contact USCIS regarding FP? Does I need to contact TSC or VSC?
Your help will be appreciated.
----------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
Your help will be appreciated.
----------------------------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07(TSC -> VSC -> TSC). ND=10/16/07
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24, Received 11/01
AP - RFE for clear copies of PP 11/01
waitin_toolong
11-21 10:32 AM
yes
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sunny1000
07-11 02:36 AM
congrats and thanks to those grassroot IV members who came up with this campaign. Hats off to you all!!
A big Salute to The MAHATMA!
A big Salute to The MAHATMA!
more...
dexter
12-16 01:37 PM
Hi All,
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
cdeneo
09-21 06:24 PM
The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
more...
sanju
02-27 07:19 PM
This guy is a spammer. He is just wasting our time. I'd suggest not to answer him.
auburn2009,
Why don't you search these forums and let us know what you find out.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
auburn2009,
Why don't you search these forums and let us know what you find out.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
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qualified_trash
10-17 07:31 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
more...
pa_arora
09-21 06:44 PM
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.
SO keep sailing in the boat with everybody.... ;-|
-p
Cheers!
Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.
SO keep sailing in the boat with everybody.... ;-|
-p
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dcrtrv27
10-09 02:33 PM
This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
more...
Dhundhun
04-05 02:44 AM
How 120 days calculated inclusive or exclusive?
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
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brasil
07-29 08:55 PM
Quoting what reason did the DMV confiscated your driver's license?
Standard procedure and license was about to expire.
This does not apply for address change if the expiration date is long...
Standard procedure and license was about to expire.
This does not apply for address change if the expiration date is long...
more...
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reverendflash
10-21 03:32 AM
I remember making my wife a "I love You" card for out 5th anniversary (1989) with a Tandy Computer with 1meg of Ram, in some sort of drawing program... :elderly:
Rev:elderly:
Rev:elderly:
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Rockford
07-16 12:39 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Can you share your PD and when did you file I485 ?
Thanks
Can you share your PD and when did you file I485 ?
more...
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GreenCard_Soon
01-02 03:06 PM
Guys, thanks for your responses ! :)
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mrajatish
09-13 03:23 PM
Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.
more...
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FredG
February 26th, 2004, 10:27 PM
Gotta admit I've not been very diligent about that. 5 a week sure sounds like a small committment. You sure that will be enough?
Fred
Fred
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arc
10-04 02:29 PM
Receipt date Jul 2
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 23
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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immigrationvoice1
04-03 06:56 PM
I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
please advice
thanks
gcwant
120 days (maximum) from the date of expiry of your EAD. The same applies for AP, if I am not wrong.
please advice
thanks
gcwant
120 days (maximum) from the date of expiry of your EAD. The same applies for AP, if I am not wrong.
GCNaseeb
10-31 09:29 AM
The nearest USCIS office is 70 miles from my home zip code. Is it ok if I schedule Infopass from my work zip which is less than 10 miles?
Madhuri
01-27 05:13 PM
All the threads related to contribution are so dead. It's the hard and sad TRUTH that after so many requests, people don't want to contribute....moreover they are fighting with each other. BRAVO skilled immigrants. If only 'some miracle' happens, people might consider contributing.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
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