vadicherla
05-08 12:15 PM
Contribution $25 for this month.
Subscription Payment Sent (Unique Transaction ID #11R03083P3635964R)
In reference to: S-1RN47603HG965415U
Subscription Payment Sent (Unique Transaction ID #11R03083P3635964R)
In reference to: S-1RN47603HG965415U
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.
franklin
06-15 07:30 PM
Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
Good question - I"ll dig around and see if I can find an answer, but you might want to check with lawyer too
mnq1979
10-23 10:36 AM
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
more...
learning01
05-10 11:48 AM
immi2006
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
sheela
04-16 03:48 PM
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
Thanks
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Thanks
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
more...
kshitijnt
07-29 03:09 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
InTheMoment
02-06 11:53 PM
Senthil,
If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !
If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !
more...
kirupa
01-24 10:07 PM
Hi Matt - no problem. I am currently on a computer that doesn't have Flash installed, so would it be possible for you to e-mail me your SWF file [kirupa.at.kirupa.com].
If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.
:)
If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.
:)
krishmunn
05-21 07:29 AM
AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
more...
deepakjain
06-18 03:54 PM
What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh
Better you send the documents on the same day you take the appointment while you are in US....send it with priority - 2 days and with receipt acknowledgement...you will get atleast 2 weeks time after you schedule your appointment. [It will always be a touch an go situation..better you send the documents through Fedex or UPS the same day you take appointment...62$ for sending the documents is much less then taking appointment again and going through the same process....
Please visit VFS site and read all about Mumbai consulate...the rules at mumbai consulate are different from the other 4 offices
Thanks for your help.
jignesh
Better you send the documents on the same day you take the appointment while you are in US....send it with priority - 2 days and with receipt acknowledgement...you will get atleast 2 weeks time after you schedule your appointment. [It will always be a touch an go situation..better you send the documents through Fedex or UPS the same day you take appointment...62$ for sending the documents is much less then taking appointment again and going through the same process....
Please visit VFS site and read all about Mumbai consulate...the rules at mumbai consulate are different from the other 4 offices
spdy_mn
08-02 01:49 PM
Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.
Alrighty, submit the copies and have the originals in hand. That works, thanks
Alrighty, submit the copies and have the originals in hand. That works, thanks
more...
ggc
10-16 03:44 PM
My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
rajuseattle
08-30 01:42 AM
R u working for a desi bodyshop who may have been on the blacklist of USCIS?
Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.
Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.
Whats your I-140 status?
Usually for I-485 stage USCIS looks for last 5 yrs of employment an the latest I-94 and TAX return for past 3 yrs.
Who filed your I-485, if its attorney then he may not have provided the required evidence for your current immigration status.
Whats your I-140 status?
more...
kirupa
01-21 11:19 PM
I will go ahead and host them! Just give me a few hours...or days! :P
I was planning on hosting the entries for the final poll.
I was planning on hosting the entries for the final poll.
gchodhry
02-11 06:33 PM
I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
As far as denial is concerned, I am still waiting for the notice...
Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.
Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?
Please suggest...
Thanks,
Gagan Chodhry
As far as denial is concerned, I am still waiting for the notice...
Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.
Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?
Please suggest...
Thanks,
Gagan Chodhry
more...
ThinkTwice
07-11 05:56 PM
Is what is needed.
CatsintheCraddle
05-04 05:47 PM
I have written the ombudsman with an update after their initial inquiry and two of my state senators regarding this. I am confident we sent everything requested in the RFE but it's my word against theirs since we have sent it a total of three times; in the original application, then for two RFE's. Obviously, they are not very competent or they are not telling us what document they really need becuase they keep asking for tax docs.
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.
It's so frustrating to deal with these people!
Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
Yep! Hey who knows? This might be your year too! :D
Yep! Hey who knows? This might be your year too! :D
GCSeekerCT
08-22 07:35 AM
Again, I thank the community here for being supportive and hearing me out.
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
FinalGC
07-21 11:50 AM
bumping it....I need some links guys
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