Leo07
05-20 05:06 PM
Bump^^^^^^^^^^^^^^^^^^^
how many in this forum are yet to file aos?
how many in this forum are yet to file aos?
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JunRN
12-18 07:39 AM
Here's what I think: Your lawyer changed address, is that right?
PlainSpeak
02-23 10:38 AM
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
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bongopondit
07-27 12:53 AM
You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
Hi edaltsis,
can you tell me which RPO you went to to get the PCC done ? We are in a similar boat. Consulate interview coming up, we are in Australia, local consulate giving us a hard time - saying they will need 2 months to get a PCC !!!! So planning to go to Kolkata to get it done.
Hi bluez25
As far as I could make it out, you dont have to have all the documents at VFS - you can submit your PCC at the time of the interview. I remember reading somewhere in the Mumbai Consulate website that you can even submit all your documents at the interview, but you have to pay the courier fees at VFS 10-7 working days in advance. Hope this helps.
Also, for you and anyone else attending Consular Processing, I got this in an e-mail from the Mumbai Consulate:
"Yes, you may bring a PCC from the Regional Passport Office in India. Also, if you can, you may get a PCC from the police certificate from the local police station in addition to the PCC from RPO. The PCC from the local police station is not compulsory, but the other PCC is a must from the RPO."
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wandmaker
10-23 10:15 AM
Thanks guys,
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
thesparky007
04-24 12:09 AM
i edited it kirupa!!!!
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austingc
07-31 11:15 AM
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
That’s good. In addition to the evaluation, it doesn’t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.
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rvenkat1976
04-13 12:18 AM
Thanks for all your answers.
Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.
He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.
Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.
Thanks
Now that I have consulted another lawyer for a second opinion. According to him he says I am legally IN STATUS.
He asked me to send an email to the attorney asking for the whole case detail from the begining, mentioning that I would otherwise report this to the bar association.
Now did anyone have any specific format in which this email has to be written any help in this matter will be appriciated.
Thanks
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raysaikat
03-28 06:53 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
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sodh
07-11 09:37 PM
Everything has its charm once, try something creative.
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martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
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garybanz
10-19 04:52 PM
Nice idea, but here is what I think...
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
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lucha
08-26 07:57 PM
I have same question. can you do that without moving up ,My lawyer said no, I do not know how to go forward with this. My 2nd question is: My NIW was denied with some conditions , can I file again as I have completed those requirement.
I have master from here and 20 years of experience . please any body help.
I have master from here and 20 years of experience . please any body help.
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485Mbe4001
10-24 03:16 PM
there is a link for questions on her CNN show at
http://www.cnn.com/feedback/forms/form5.html?6
last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.
Maybe if we get in touch with her we can convince her to initiate such a discussion.
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
http://www.cnn.com/feedback/forms/form5.html?6
last month i had emailed questions to Edward Kennedy and Jack Reid as a part of yahoo talk to the power. They were not picked up. It seems that the questions should be related to the topic that is given in advance. If they decide to question some one on a toic specifically on immigration reform, then your questions might move forward.
Maybe if we get in touch with her we can convince her to initiate such a discussion.
Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.
more...
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stemcell
02-12 02:15 PM
Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
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QuickGreenCard
02-18 11:32 PM
I have no AP. Well I have both H4 extension approval & H1 approval extension at this point. I will check with the attorney and post what she says. Thanks for all the replies.
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gconmymind
08-29 12:33 PM
My wife's H1 was applied by her Indian company's US office in March 07 and got approved in July 07. She was in India at that time. We got married in July and she came to the US on H4 in Dec 07. Then, she went to Kolkata in Mar 08 (we are from Mumbai region) to get her H1B stamped and got the stamp and started working in Apr 08.
So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.
You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.
So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.
You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.
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samrat_bhargava_vihari
02-11 06:04 PM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
I feel this may not be true.
Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
I feel this may not be true.
Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.
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krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
Canadian_Dream
08-24 04:36 PM
Name: Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
jsb
01-28 02:03 PM
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.
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