vin13
01-03 09:29 AM
Here is my 2 cents
You need to consider school and Green Card as separate issues.
The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.
Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.
You need to consider school and Green Card as separate issues.
The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.
Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.
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indyanguy
01-13 10:39 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
GCScrewed
08-22 11:58 AM
Hi I have quick question about converting. If the employer withdrew approved I-140 (after 180 days have passed since I-485 has filed), can one still port the original priority date? Thanks so much!
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pbojja
02-09 04:09 PM
Hi,
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
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loudobbs
10-17 02:52 PM
You can look at related fields for your job code on the O NETsite.
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
So I am guessing if your new job code falls in any of the related occupations, your oK??
Any thoughts......
crazydesi
09-03 07:36 PM
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
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nhfirefighter13
August 8th, 2005, 12:57 PM
That's awesome! What made you think of doing that?
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saibaba
01-21 04:30 PM
You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.
I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...
At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....
I second u...Infact I strongly advise everyone to use AP instead of taking chance with H1 stamping(keeping the PIMS,Secuirity check related delays in mind)...
At POE, they just verified my passport expiry date and AP Expiry date..and let me IN....
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gandalf_gray
06-02 11:18 AM
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
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ups
01-04 01:43 PM
I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.
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485Mbe4001
08-14 12:46 PM
I dont think that is the case, i am a direct employee and i have experienced tremendous delays, infact every application from my company (which is a large multinational) has been delayed, so i am guessing its more to do with the lawyers(large, high cost firm) or just good old luck. Infact all of my friends/batch mates who were consultants have their green cards and some have their citizenships too. My theory was that if a company is sponsoring(paying all the money) you are relaxed and initially dont worry about the delays, if its coming out of your pocket you doublecheck everything and are proactive...just a thought
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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Jerrome
05-21 01:30 PM
I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
Bump
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
Bump
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r2i2009
05-14 04:21 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
Until then Visa Bulleting is our best hope and source
Let us pray.
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vrbest
01-21 09:04 PM
Thanks "LostInGCProcess". This clarifies my doubt..Ksrk: One of my friend had asked his lawyer and they said we can be on H1B even if we used AP..
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
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p_aluri
04-01 05:38 PM
I am sorry to hear about your situation.
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
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lkapildev
01-08 11:59 AM
[QUOTE=Ramba;211906] You be better in that stressfull Job. Donot judge before seeing IT QA Jobs. This job is firing or else you will be fired and someone from BLR and HYD will take your job.
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chanduv23
08-10 11:03 AM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
R u sure? Mine don't match - where did u get this info?
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
R u sure? Mine don't match - where did u get this info?
girlfriend at First Commonwealth Bank
Anders �stberg
May 1st, 2005, 02:46 PM
I'd say you captured the action just fine. All that bird tracking was probably good practice for this.
Thanks Fred. The bird shooting must help for better reaction time if nothing else, they are not always very predictable. :)
Thanks Fred. The bird shooting must help for better reaction time if nothing else, they are not always very predictable. :)
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babu123
05-03 03:05 PM
EB2 Non Premium
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
asterix
02-23 09:50 AM
50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.
The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K
Schedule A - 6.7K
Am I missing something?
The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K
Schedule A - 6.7K
Am I missing something?
gsc999
09-11 01:32 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
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