my2cents
02-26 08:02 PM
Best part will be
- Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)
- It will enable her to pursue opt and make a way for converting to H1B
For OPT
- at the time of filing she must be in F1
- She should have full time student for 1 year ( not necessarily F1 for 1 year)
I did the same thing for my wife.
Thanks,
- Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)
- It will enable her to pursue opt and make a way for converting to H1B
For OPT
- at the time of filing she must be in F1
- She should have full time student for 1 year ( not necessarily F1 for 1 year)
I did the same thing for my wife.
Thanks,
nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
austingc
07-30 11:37 PM
Hi All,
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
manderson
02-27 08:06 AM
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
this has been discussed before. please research previous posts.
Thanks
this has been discussed before. please research previous posts.
more...
bp333
11-13 05:03 PM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
eastindia
10-06 04:56 PM
I just noticed on IV homepage that ex USCIS ombudsman is now IV board of advisors.
more...
immilaw
12-14 12:37 PM
It was easy last year to not pass the bill. We had a Republican President & Congress and Democrats kept on blaming republicans for not doing anything. I think this time the ball will be in the Democrat's court to pass the CIR and send to the President for signature. They won't be able to blame it on republicans.
richardl609
09-28 08:11 AM
hi i got an RFE for ability to pay, my pay was 55K ( it had to be 66K ) last year 2006 on my W2, my RFE asked me on ability to pay where my labor was approved on feb2006, so i had to show that my employer has the ability to pay till date.
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
more...
jindal_sanjeev
06-23 03:12 AM
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
garybanz
12-18 12:34 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
In the long run EB2 will be better than EB3
Thanks for your help...
In the long run EB2 will be better than EB3
more...
rajeshalex
06-16 09:18 PM
U can get an infopass and get the receipt number.
Now for AC121 u need to have the job similar to the one mentioned in ur labor/perm. So u need that information in order to make sure the new job matches previous one.
Rajesh
Now for AC121 u need to have the job similar to the one mentioned in ur labor/perm. So u need that information in order to make sure the new job matches previous one.
Rajesh
desi485
01-08 01:20 PM
If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy
I do have case number for I-140
I also took printout of online approval status using the case status number.
But what about labor cert?
I have no idea what was filed for me? job description or salary req.???
All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)
why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?
Any one has any idea? Any links? Any official link which states that we do need to have photocopies?
I do have case number for I-140
I also took printout of online approval status using the case status number.
But what about labor cert?
I have no idea what was filed for me? job description or salary req.???
All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)
why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?
Any one has any idea? Any links? Any official link which states that we do need to have photocopies?
more...
ajp5
02-25 12:56 AM
Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
gc_nebraska
01-08 11:53 AM
Hi Guys this is my first post and my problem is kind of weird , I entered in the US in 2001 on B1 visa and immediately converted it F1 while I was on F1 I got a job offer and
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
more...
jackrabbit
04-09 01:36 PM
Planning to use AC21 Portability and work on EAD.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
nixstor
08-23 11:10 PM
You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.
more...
darshan1226
02-13 01:43 PM
Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.
grow up
grow up
abdulazeez77
08-11 08:11 AM
Hello All,
I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.
Regards,
Azeez
I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.
Regards,
Azeez
TomPlate
07-05 12:47 PM
Did you guys called... Senior Members please call or search from
www.switchboard.com
www.switchboard.com
AnandNJ
06-27 03:04 PM
No, you can not get a copy of I-140 by USCIS
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
mattresscoil
10-15 02:24 PM
Hello,
I am currently working as full time and planning to move to consulting. I have the below questions
(i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
Do you think is it OK to move to consulting from Full time?
(ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing
Thanks
sshrika:
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
I am currently working as full time and planning to move to consulting. I have the below questions
(i) I know its a bit risky to move to consulting right now compared to Fulltime, but still i See the H1 petetions for most of consutling companies are getting approved.
Do you think is it OK to move to consulting from Full time?
(ii)As client letter is mandatory these dayz, whats the best approach to apply for transfer? Like e finding the project and proceed for premium processing
Thanks
sshrika:
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
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