Macaca
01-25 06:12 PM
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt).
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
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immivjj
09-26 02:42 PM
Thank you gemini123 for the quick reply. I'm in Texas and have to get it renewed in Houston. I was talking to a broker who would get it done in about 10 days as I'm planning to travel to India next month.
He asked me to send the original pasport along with the I-94. That didn't seem right to me.
Should we also send a I-485 receipt copy?
Also, I have a expired visa in my passport but my H-1B is valid till May 2008. I'm planning to travel to India through Amsterdam and use my approved AP for reentering US. Would I need a tranist visa if I'm just chaging planes at the airport? Thanks!
He asked me to send the original pasport along with the I-94. That didn't seem right to me.
Should we also send a I-485 receipt copy?
Also, I have a expired visa in my passport but my H-1B is valid till May 2008. I'm planning to travel to India through Amsterdam and use my approved AP for reentering US. Would I need a tranist visa if I'm just chaging planes at the airport? Thanks!
santb1975
06-19 06:29 PM
Kudos to this approach
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alethos
01-03 10:57 AM
I find it difficult to resist a battle...I'm in, too.
So...what's a pixel? :crazy:
j/k!
-Al
So...what's a pixel? :crazy:
j/k!
-Al
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vvr_rao
06-16 07:43 AM
Thanks. I finally got the receipt notice yesterday. They gave me a receipt date of May 11th and a Notice Date of June 11
Now to wait for the EAD....
Now to wait for the EAD....
grupak
06-20 11:50 AM
Done. Seems like lot of other members have contributed also.
Great going!
Great going!
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ronnie0479
01-24 05:53 PM
Reduced Course Load - 214.2(f)(6)(iii)
The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
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virens
05-24 12:55 PM
Done
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kumar1
11-13 09:31 AM
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
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INSpector
08-14 05:20 PM
According to my attorney 2 things
1. You just need the receipts to travel not the Ap approval perse.
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
Good Luck
1. You just need the receipts to travel not the Ap approval perse.
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
Good Luck
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nonimmi
06-15 03:04 PM
Update -
At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......
Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??
At Dr. Marcel Stern Walk in accepted. My wife just called me from the Doc., they said it's ok. You may have to sit there for couple of hours. So guys, run......
Thats great! Congrats!! :) Are they charging $350 just for initial checkup or with shots, x-ray??
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raydhan
04-04 09:22 AM
IV core team,
Just knowing that you guys are out there fighting for all of us, provides a new ray of hope everyday. Your sacrifices and efforts are unmatched. No matter what happens, we will be there with you till the very end.
Please keep up the fantastic work. You are our only hope.
As they say......those who cannot do anything, either teach (or preach). Ignore the people who cast a doubt on your credibility. You guys have shown your caliber already.
Good luck to us all.
Just knowing that you guys are out there fighting for all of us, provides a new ray of hope everyday. Your sacrifices and efforts are unmatched. No matter what happens, we will be there with you till the very end.
Please keep up the fantastic work. You are our only hope.
As they say......those who cannot do anything, either teach (or preach). Ignore the people who cast a doubt on your credibility. You guys have shown your caliber already.
Good luck to us all.
more...
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waitnwatch
05-06 07:11 PM
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided liks to USCIS to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.
Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.
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maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
more...
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god_bless_you
12-11 02:05 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
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abh
08-11 02:17 PM
Thanks all for the replies.
Here are more details.
My receipt no. is starting with WAC. I had already got transfer notice in September 2007 about getting transferred to NSC as they have juridiction over my case.
Thanks
Here are more details.
My receipt no. is starting with WAC. I had already got transfer notice in September 2007 about getting transferred to NSC as they have juridiction over my case.
Thanks
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desi3933
07-07 02:33 PM
......
3. Provide simple letter from employer with an affidavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Simple employment letter with details of job title, salary, and job duties should be enough to demonstrate that new job is in same/similar classification as your labor/I-140. The letter must indicate that job is permanent and full-time.
Do you have employment offer letter? That letter should also list job title, and duties.
________________
Not a legal advice.
3. Provide simple letter from employer with an affidavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Simple employment letter with details of job title, salary, and job duties should be enough to demonstrate that new job is in same/similar classification as your labor/I-140. The letter must indicate that job is permanent and full-time.
Do you have employment offer letter? That letter should also list job title, and duties.
________________
Not a legal advice.
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natrajs
08-07 07:55 PM
IV is the only group that is trying something for EB gc's!!! If you don't agree with IV mission statement - least you can do is SHUT UP! If you have other selfish agenda's take them some place else... don't use IV as a platform to segregate a group.
(In my personal opinion... IV should BAN anyone who suggests anything that breaks this group down! Enough is ENOUGH!)
____________________________
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority.
_____________________________
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
It is very disappointing to see the division among the IV members, We need to look for a long term solution rather than fighting for individual short term solution
(In my personal opinion... IV should BAN anyone who suggests anything that breaks this group down! Enough is ENOUGH!)
____________________________
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority.
_____________________________
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
It is very disappointing to see the division among the IV members, We need to look for a long term solution rather than fighting for individual short term solution
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pappu
04-13 01:46 PM
Update: April 13, 2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
punjabi77
09-10 07:09 PM
I know there will be many people who are working on their employer's payroll but keeping maximum share of their rate.
I have my EAD and i want to switch my current company and move to a new
one as my current company is keeping around 20% share.
I am thinking of the following options:
1st option) I have my Canadian PR and thinking of an option to join the current vendor directly. Incase my 485 is rejected, then i can move to Canada.
In this case, i do not know how to run the paycheck and other related stuff to stay out of trouble for my current 485 processing.
2nd Option) I can find an employer who will just keep around 5/hr from my share and keep me on their payroll. I can also keep myself on my H1b by having my H1 transfer done. I will take care of running the payroll from a third party.
In this option i dont have to worry much as company will show me on its payroll and my H1b will be valid.
I would appreciate response from people on this forum. I know someone might be doing it right now.
Please suggest pros/cons of the above options.
I appreciate your response.
I have my EAD and i want to switch my current company and move to a new
one as my current company is keeping around 20% share.
I am thinking of the following options:
1st option) I have my Canadian PR and thinking of an option to join the current vendor directly. Incase my 485 is rejected, then i can move to Canada.
In this case, i do not know how to run the paycheck and other related stuff to stay out of trouble for my current 485 processing.
2nd Option) I can find an employer who will just keep around 5/hr from my share and keep me on their payroll. I can also keep myself on my H1b by having my H1 transfer done. I will take care of running the payroll from a third party.
In this option i dont have to worry much as company will show me on its payroll and my H1b will be valid.
I would appreciate response from people on this forum. I know someone might be doing it right now.
Please suggest pros/cons of the above options.
I appreciate your response.
GCard_Dream
05-05 08:18 PM
This may be affecting a lot of IV members so I thought I bring it up and share the pain with everyone. Some universities in US, like Arizona State University, consider the folks on H1-B or L-1 or EAD non-resident for tuition purposes and charge much higher tuition fee despite the fact that you pay all your taxes, have permanent home in the state, and have been living in the state for years. As far the State is considered, you are a resident but the university chooses not to accept that definition and purposely define you non-resident so that you could be charged much higher tuition fee.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
If you are an international student, came to whatever state to study only, have never lived in that state before, and have never paid a dime in taxes in that state then it makes sense to classify you as a non-resident but it doesn’t make any sense to call you non-resident if you have been paying your taxes, made the state your permanent home, and have been living there for years.
Have any of you been in similar situation? If so, did you do anything to address the issue other than just paying the damn high fee? Does this discriminatory university policy violate any federal law?
Any suggestion and discussion would be very much appreciated.
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