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  • xyz2005
    08-08 07:55 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards




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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.




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  • shivarajan
    11-23 10:41 PM
    ICICI is worst when it comes to exchange rates:

    I have used many transfer services in past years so far and these are worth mentioning.

    In Order of exchange rates:

    -SBI Online (Now simple to register too and very nice one)
    -Remit2India (has specials, but careful they don't fullfill it)
    -HDFC (Internally uses same service of remit2India)
    -CityBank
    -ICICI
    -Western Union

    Remember all of them ask for SSN nowadays and having SSN on some unreliable site databases may be little risky.

    :D




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  • bluekayal
    06-22 05:41 AM
    I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.

    if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

    In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
    By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
    By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

    Check with your lawyer before you do anything.



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  • chanduv23
    08-06 04:38 PM
    ^^^^^^^^^^^^


    Please participate in publicity campaign, click on this link
    http://immigrationvoice.org/forum/showthread.php?p=141453#post141453




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  • srikondoji
    07-05 11:33 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri

    PLEASE DIGG

    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants



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  • cal_dood
    01-01 02:29 PM
    Just came back from one myself, with stops in Belize, Mexico & Grand Cayman. Did not need visas for any of those. We did not even take the passports to the ports and no one was checking them either. All you need is your ship card.




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  • nrakkati
    08-15 12:05 PM
    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...



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  • nixstor
    09-21 09:43 PM
    Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.




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  • vxg
    10-15 11:25 AM
    Thanks. Can someone get me USCIS contact number to get the status on receipts.....

    dial 1-800-375-5283
    use option 1-2-2-6-2-2-1

    BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.



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  • heywhat
    10-24 01:37 PM
    I gave you green .. be happy .. and keep helping others

    Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.




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  • arc
    04-13 06:48 PM
    Call it a low hanging fruit or Optimistic people's power of attraction...

    Someone I know eb3I PD 2k3 got GC 6 Mos back, I know them personaly - first hand info.

    Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...

    Be + ive...

    True Story!!!:cool:



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  • danu2007
    07-22 05:26 PM
    Rated..




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  • pappu
    09-14 06:20 PM
    Thanks to all those who tuned in.



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  • mrdelhiite
    07-20 10:09 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?


    """"2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates




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  • satishku_2000
    10-05 06:53 PM
    If your jobs requires masters in computers or equivalent experience in computer related field.. get ready to answers to questions such as "How a 3 year degree in zoology or botany is equivalent to masters in computer science" at I 140 stage. One has to be ready for possible denial at 140 stage too.. Given the way NSC is processing 140s now a days , you should probably have a plan B in place if you dont have enough time left on H1b



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  • hemasar
    09-12 02:03 PM
    My ETA is P-### .... I used the link and my status is IN PROCESS




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  • immigrationvoice1
    03-20 12:26 PM
    Thanks walking_dude in explaining it so well. So, there will be major changes other than the Prez elections this year and next. Lets remain hopeful...:)

    There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


    http://www.electoral-vote.com/evp2008/Senate/senate_races.html

    And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

    I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.




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  • JunRN
    12-28 09:32 AM
    Delete your cookies. Hit the "back" button showed on the USCIS page (not the "back" button of your internet browser) and then, try it again.

    That should work.




    nitkad
    03-20 05:07 PM
    Thanks, according to your reply, it seems it will be good if I leave the company before the I140 gets revoked. Also, what happens if it gets revoked after I leave the company?




    lj_rr
    09-01 02:35 PM
    Looks like there are mail and fax options.
    Did you indicate whether you need it in a CD instead of paper copy?
    Also for the labor copy, should the request be sent to USCIS or DOL?

    Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.

    My personal experience:
    I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.



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