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Kumar Nanada
05-07 02:32 PM
My Case Details:
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
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ss1026
05-22 02:56 PM
Hi
I am currently stuck in the PBEC in the EB-3 Category. I am from Philipines and I enough experience to qualify for EB-2 filing with a new company. So I am considering a job switch but want to hear what the salary requirement is for a EB-2 filing. I am a wireless engineer. Any advice would be appreciated
I am currently stuck in the PBEC in the EB-3 Category. I am from Philipines and I enough experience to qualify for EB-2 filing with a new company. So I am considering a job switch but want to hear what the salary requirement is for a EB-2 filing. I am a wireless engineer. Any advice would be appreciated
me2381
10-30 08:34 PM
Hi,
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.
Thanks
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.
Thanks
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Kumar Nanada
05-07 02:32 PM
My Case Details:
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
whitecollarslave
01-29 04:56 PM
What is unemployment wage report? I read that many visa seekers were asked for this.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
Who asked you this?
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
Who asked you this?
more...
kewlchap
03-16 10:13 PM
Folks,
If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?
My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).
Questions:
1. Can I study on EAD/parolee status?
2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
4. Should I try to maintain my H1 status during school (by working part time etc.)?
5. Does my future employer need to file an I140?
6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.
Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.
Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.
Thanks,
-k
---------------
EB2, India, PD May 2004, Primary filer.
If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?
My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).
Questions:
1. Can I study on EAD/parolee status?
2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
4. Should I try to maintain my H1 status during school (by working part time etc.)?
5. Does my future employer need to file an I140?
6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.
Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.
Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.
Thanks,
-k
---------------
EB2, India, PD May 2004, Primary filer.
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slinkyart
11-18 09:15 AM
I LOVE IT! That looks great!
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mrudul_hr
08-04 11:40 AM
YOu can transfer to Company C, if you are still working with Company A use the same documents for transfer and not the company B.
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trexx7
07-27 10:41 AM
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ecidi
December 8th, 2005, 07:17 AM
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adhantari
06-16 12:39 PM
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Rb_newsletter
10-05 09:35 PM
I saw in one of the thread one attorney said this kind of RFEs are not problem. I will post the link if I find that thread.
See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.
See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.
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jest_1
03-07 08:29 AM
Amitga,
Iam in a similar situation as Ihitha. Iam planning to go to Chennai in June for stamping. Which answer do you think would be a convincing one for that question asked by the VO ?
Also after changing from L1 to H1, i had my H1 transferred between 3 companies (i changed jobs within a span of 1 month), and the current employer iam working for, iam working for about 1 year and 3 months. When i go for stamping, would they be asking for paystubs from those two companies, or does it matter only with the latest company iam working for ?
It wouldd be great if someone can help me with some suggestions.
Iam in a similar situation as Ihitha. Iam planning to go to Chennai in June for stamping. Which answer do you think would be a convincing one for that question asked by the VO ?
Also after changing from L1 to H1, i had my H1 transferred between 3 companies (i changed jobs within a span of 1 month), and the current employer iam working for, iam working for about 1 year and 3 months. When i go for stamping, would they be asking for paystubs from those two companies, or does it matter only with the latest company iam working for ?
It wouldd be great if someone can help me with some suggestions.
more...
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ElusiveCard
11-30 10:00 AM
Hello All,
If my priority date is current as of November bulletin, do I have time
until 30th November to mail the I-485 application?
Or does the DOS need to have received the application on or before 30th November?
And if I am in California, where does the I-485 application physically go?
[Its a long story why I didn't when the doors were open in July-Aug]
Thanks!
If my priority date is current as of November bulletin, do I have time
until 30th November to mail the I-485 application?
Or does the DOS need to have received the application on or before 30th November?
And if I am in California, where does the I-485 application physically go?
[Its a long story why I didn't when the doors were open in July-Aug]
Thanks!
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rbharol
04-07 10:05 PM
Please do not start meaningless threads.
Moderators Please delete this thread.
Moderators Please delete this thread.
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supender
01-05 08:18 AM
For stamping you should not need pay stubs to prove your staus. Uninterrupted pay stubs are very important for change of status when you are applying while in US. When you leave US you dont have a status, the visa officer should not base his decision on the continuity of pay stubs. I went through a very similar situation, my change of satus was denied even though I was on genuine unpaid leave. However I ended up leaving the country and getting H1B stamped in India with no problems.
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aj_jadeja
09-18 11:21 PM
Hi,
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
As far as i know no us consulate has right to reject H1b unless u have fasle docs or involved in wrong activities. Also DO NOT GIVE/WRITE any FALSE information about you to them or in other words DO NOT LIE to them .
F1 rejection has NO baring on H1b.
hope this helps.
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
As far as i know no us consulate has right to reject H1b unless u have fasle docs or involved in wrong activities. Also DO NOT GIVE/WRITE any FALSE information about you to them or in other words DO NOT LIE to them .
F1 rejection has NO baring on H1b.
hope this helps.
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sanz
01-19 11:03 PM
So another diploma mill shut down... how many more remain....
chanduv23
03-13 03:58 PM
I have got my I 485 rejectd when i filed during AUG 2007 due to Improper fees but we paid the correct fees.We refiled with saying "Improper Denials of I-485 " and double packed saying byboss mail room. We tryied more than 5 times always we got back saying PD is not current. Please advice me how to proceed on this.
Thanks for your help!!
I think the mail room does not handle such mail. You may need to file an MTR. Contact a good attorney - I did read on Sheela Murthy's website that USCIS is improperly handling the July 17th to August 17th 2007 filing as they go by August 2007 fee schedule.
I think if it is a mistake on their side, usually theey return the MTR fees. I am not sure though.
Try contacting DHS Ombudsman's office and see how they can help.
But the first thing I suggest is to talk to a good Attorney.
Thanks for your help!!
I think the mail room does not handle such mail. You may need to file an MTR. Contact a good attorney - I did read on Sheela Murthy's website that USCIS is improperly handling the July 17th to August 17th 2007 filing as they go by August 2007 fee schedule.
I think if it is a mistake on their side, usually theey return the MTR fees. I am not sure though.
Try contacting DHS Ombudsman's office and see how they can help.
But the first thing I suggest is to talk to a good Attorney.
salvador marley
04-10 05:56 PM
yeah it does seem a bit un-alive. but i'm glad you like it man. Kirupa usually writes back and says - i've added it up when he likes a stamp. He will in time, no doubt but because of various contests that are taking place, perhaps he is very busy. In fact I am trying to think up a competition for him at the moment, but they all seem to have been done at some point in the past - t shirt etc. Perhaps the most obvious idea for a competition on a forum such as this would be a web page design? give people some guidlines and let them design a nice webpage in a sort of css style - but give them a title or ficticious company (perhaps something like - The new official site for Elvis and Graceland) - even if it is not an actual scripted site in html - only a jpg? but god knows who would give out prizes for such a contest. In the recent magazine cover competition (which i am a judge for) someone has offered considerable prizes. Maybe Kirupa could contact lisa marie and ask her ;)
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