anilsal
08-30 04:59 PM
Get ready for the next challenge in life.
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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.
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.
arrarrgee
07-18 10:40 AM
Diggggggedddd :D
Dugg!:)
Dugg!:)
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desi3933
03-02 10:17 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
Well, please allow me make it clear. In order to request change or extension of status, the applicant must be maintaining visa status at time of the application. This is law. But status is defined from the moment one enter into the country. Whenever one enters on a visa status, previous visa status and details do not matter. They can not go back beyond date of entry.
By the way - section 245(k) does not apply to change/extension of status. It applies ONLY to employment based adjustment of status application (I-485).
Link to 245(k) memo (http://www.uscis.gov/files/nativedocuments/245%28k%29_14Jul08.pdf)
____________________
Not a legal advice
US citizen of Indian origin
more...
goel_ar
12-18 06:05 PM
Hi All,
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
SSN office finally responded but they rejected the application. The reason specified is "department of homeland securiy is unable to verify my document. and you should contact the agency to clarify my current immigration status".
I can't start working until I get SSN as it is small company. I am their first H1 employee.
The law firm told my company that my payroll can be run using my ITIN but payroll company refused to run payroll using ITIN & asked for SSN instead.
Any suggestions , asap, will be greatly apprciated.
I am not sure who am I suppose to contact. Please help...
I am really afraid & depressed.
Thanks,
LG
yabadaba
08-21 03:29 PM
sunny how much money have you saved up? whats your networth?
more...
keepwalking
05-20 06:52 PM
It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)
I have started the following thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710
Either we can follow the current one or the one I started (link above) or we can start a new thread altogether
I am fine with any of the above.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
I have started the following thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710
Either we can follow the current one or the one I started (link above) or we can start a new thread altogether
I am fine with any of the above.
Hello,
I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.
Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?
Thanks!
2010 really good quotes and sayings
felix31
10-05 02:31 PM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
more...
GCSOON-Ihope
08-23 10:50 AM
:) I have a pending I-485 dated May/2003, my LC PD is May/2002.. I'm EB3 world... and I was looking at my receipt notice (I-485) and the priority date box is blank. How am I sure that USCIS actually knows that my PD is May/2002 ?? Should that info appear in the proper box?? or they just know it when they entry it in the system as my LC was sent with the application? Please let me know if I should remind them or it's is just a waste of time as they already know it. Last time I called they told me that everything was ok with my file and that they were just wating for a visa number.
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Thanks in advance for any help. :D
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
hair really good quotes and
lvinaykumar
05-21 09:00 AM
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
Was it current for you on March 1st
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
Was it current for you on March 1st
more...
eb3_nepa
03-28 10:53 AM
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
Berkleybee,
We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.
When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.
Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
Berkleybee,
We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.
When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.
Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.
hot really good quotes and
rbharol
08-15 04:05 PM
IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
more...
house really good quotes and
ca_immigrant
01-20 07:43 PM
anyone on this ?
I too have to go in India....in June....
in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...
Thanks to OP for posting this !
I too have to go in India....in June....
in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...
Thanks to OP for posting this !
tattoo quotes and sayings about life
Sreeshankar
11-04 12:45 PM
Dear Readers,
This topic may be totally off immigration and I am sorry for that.
Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!
Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)
Please vote for him and make win the CNN Hero prize money which can be used towards his trust.
You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)
Please share the word around with your friends and family!
Thanks a lot... Appreciate your kind gesture!
Thank you very much for the post, and very happy to know of such a Blessed Human being, who was able to have empathy and help alleviate the sufferings of others. Though not exactly connected with the materialistic immigration, but nevertheless, the awareness and performance of Noble deeds definitely helps in Ultimate Soulful Immigration to Higher levels of Human Compassion, to evolve - to be the Human being with kindness and love. God Bless.
This topic may be totally off immigration and I am sorry for that.
Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!
Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)
Please vote for him and make win the CNN Hero prize money which can be used towards his trust.
You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)
Please share the word around with your friends and family!
Thanks a lot... Appreciate your kind gesture!
Thank you very much for the post, and very happy to know of such a Blessed Human being, who was able to have empathy and help alleviate the sufferings of others. Though not exactly connected with the materialistic immigration, but nevertheless, the awareness and performance of Noble deeds definitely helps in Ultimate Soulful Immigration to Higher levels of Human Compassion, to evolve - to be the Human being with kindness and love. God Bless.
more...
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gsc999
06-08 05:41 PM
When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating e.
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
--
The premium processing fee is paid by the employer. Infact, all processing fee is paid by the employer. Am I missing something here?
Why would someone argue against premium processing? ...Well people who think it is against their or American values better not apply for premium H1-B or premium I-140 processing :D
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vandanaverdia
09-09 03:45 PM
Please spare some time & thought & decide to be in DC at the rally.
more...
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sku
09-11 01:54 PM
This Poll is for EB2 applicant whose priority Date is current but are waiting for approval.
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
I
Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.
I
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ashkam
07-24 01:28 PM
Ravi
This is what my lawyer says about mergers:
If your job (description, location and salary) remains same or similar under the new company:
If the 485 has not yet been filed, you are required to amend the 140. You can file amendment and 485 together.
If the 485 is pending, in most cases do nothing. After 180 days, you are safe, anyway.
If your job has changed :
If 485 has not been filed, you are in trouble. You have to start the green card process over, but you keep your priority date if 140 is approved.
If 485 is pending for 180 days, the jobs need only be similar.
This is what my lawyer says about mergers:
If your job (description, location and salary) remains same or similar under the new company:
If the 485 has not yet been filed, you are required to amend the 140. You can file amendment and 485 together.
If the 485 is pending, in most cases do nothing. After 180 days, you are safe, anyway.
If your job has changed :
If 485 has not been filed, you are in trouble. You have to start the green card process over, but you keep your priority date if 140 is approved.
If 485 is pending for 180 days, the jobs need only be similar.
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ChainReaction
04-02 02:28 PM
I had filed for my 6th year h1b extension without the lawyer , I did so bec the paper work was similar to my last extension ,and i saw that lots of people on the IV forum had Filed the H1b extension themselves.
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
Anyways, my human resource personal hired a new secretory and she some how misplaced my H1b receipt/possible RFE? , I have the EAC # from my cancel check ; when i check my status online it says case received and pending my PD is Jan08 ,2007 and the CSC is processing Jan. 13th, my question is if a RFE is issued will that be posted on the online case status website? I have asked the HR to request a duplicate copy from INS , should i also ask them to contact USCIS over the phone in addition to the written request?
Berkeleybee
03-27 05:49 PM
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
beautifulMind
08-24 12:14 PM
yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
I work for University since 2002 with very straightforward case hence suprised
ok..here is part 2.
Employer was able to speak to USICIS officer. He asked
whethere
1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location
my supervisor asked why all these questions about location and timing they said they will do a site visit
I feel if my app can trigger this than any other app could...
The USICs is just getting crazy with all the bueracacy crap
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