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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?

    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.

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  • rajeshalex
    09-15 03:01 PM
    This month they are prompt and published the date on correct date.
    I cant beleive Eb2 NSC is 2008.

    (Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
    Ombudsman had replied to this email.
    I am not sure this email worked )


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  • transpass
    04-23 09:34 AM
    Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?

    Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?

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  • anilsal
    10-12 12:06 PM
    in the processing of receipts, EAD and AP. I know it is very frustrating to have not received your receipts.

    All you can do is wait some more time AND call the 800 number once in a while to see if the receipt is being generated.

    As long as you have a fedex tracking confirmation, you should be fine. The receipts will get generated.


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  • chanduv23
    05-19 03:46 PM
    Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
    I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?

    Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.

    Approach your local congressman's office and tell them about your appeal and see if they can help

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  • NKR
    03-11 02:53 PM
    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you...

    Dude, Shed your medieval cloths and come to 21st century.


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  • dpsg
    03-25 02:39 AM
    We have our own agenda as they have theirs, But We can ask them to
    correct information which is not correct. Otherwise we will create a parallel
    graph and point their mistakes and they are free to correct ours.

    If someone looks up on net, he/she should see correct information, If
    someone searches numberUSA it should also see our site with correct graphs.

    We should never fudge number to prove our point, Because we are real people with real issues, which affects our lives in real way ... not idealogues .. where ideaology is above everything(even nonrefutable hard facts or humanity).

    I request people on this forum to be careful what they write, We should only
    question the incorrectness of the statment without becoming personal , dis-respectful or vengeful, because our fight is born from need not from hatred.

    All of us need to also further our qualifications and skills to show ourselves in best light and be able to show our achievents in constructive way to get the best deserved treatment from american lawmakers.And beleive me they
    have shown time and again that they are pragmatic people, we just need to educate them about our issues..which
    IV is doing in a great way.

    Also we need to correct what they ahve said about us "guests don't want to go back" to point that we are here on dual intent.


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  • Ann Ruben
    02-24 02:59 PM

    There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.

    Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.

    Hope this helps,



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  • amitarora74
    08-04 11:43 AM

    you have been waiting for just 1 year. My wife(primary applicant) got her GC exactly 3 years back while i could not be approved due to pending name check. Then the whole thing retrogressed. Have been renewing AP/EAD since then.I know couple of other people in same boat. I think this is more common than you think

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  • nlssubbu
    05-19 01:08 PM
    In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
    I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved

    Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.

    Try your luck!



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  • sb724
    08-15 05:34 PM

    I got RFE as PAchai_Attai, the difference is he got NOID.
    My attorney has submitted evidences a week ago, still now no updates on my 485.
    I have not got tracking # from attorney, he sent email that he submitted evidences. He said he can not check which is my track # used to my case in his office.
    He said I have to wait long time to see updates on my case, becuase USCIS is receiving applications in flood.
    These Evidences supposed to received by USCIS before Aug 13th. My case is at NSC.
    I am in confusion that how to deal this.

    Please advise.


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  • nit_sea
    01-04 01:14 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?


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  • satishku_2000
    08-01 05:09 PM
    I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.

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  • s416504
    03-07 01:52 PM
    My friend went to Boston Airport ->Immigration/custom Office next day for correction. His father came on B1 visa but they put wrong month on I-94. That office corrected that immediatly. There must be something at every international airport.


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  • rogerdepena
    07-17 10:33 PM
    Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.

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  • raamskl
    07-22 12:28 PM

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?

    Would anyone know?,, bumping up.

    Thank you.


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  • jchan
    05-14 05:26 PM
    Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.

    I was about the say the same thing. I still remember vividly when the 20k new H1B was made available and the nervous waiting for that to be implemented back then. Whew, can't believe it's been 4 years an I am still stuck in this same old waiting game.

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  • gc28262
    01-29 11:21 PM
    E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.

    What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.

    But the Visa Recapture Bill didn't happen.
    So, E-Verify also didn't happen.

    However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
    Therefore, E-Verify is active today in the system.

    Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.

    However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!

    Again the question remains, how does it affect us ?

    Are you saying Visa recapture was tied to E-verify in the past administration and so passing E-Verify without recapture will kill the chances of recapture ?

    Situation has changed now. It is a new administration now and power has titled in favor of democrats both in house and senate. Democrats don't have to appease GOP to get any bill passed now.

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  • redcard
    12-19 12:53 PM
    redcard and igcard, why don't you guys just fuck off?

    Thanks buddy, I shall ask my friend, who has another friend, who is friend with another friend of his friend who is friend with another friend who is known by alb2c3 who will tell me how to "FO" as he has a PhD in "F@##"". As soon as I here from him I shall let you know friend

    05-21 01:30 PM
    I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

    We applied for her H1 in 2007 April, it got approved on September 2007.

    We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

    We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

    Her H4 approved on November 2008(but i was no more in H1).

    I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.


    12-16 05:43 PM
    No one can predict anything.

    It depends on how many applicants are actually going to apply or intend to apply for 485 between the PD now and your PD.

    That depends on how many labor certs are pending in backlog centers. Then again, no one knows how many of those labor certs are duplicates with same person applying for GC from 2 or 3 different companies. Then, no one knows how many of those who are going to get their labor approved have left USA in the economic recession of 2000 thru 2002. And no one knows how many of those pending labors belong to people from India versus people from China or Phillipines or rest of world for that matter.

    So if you get answers for PD prediction, taking it with a grain of salt. There are too many unknown variables in that equation and even the people who set the visa bulletins in the Department of State have no idea where this would go.

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