aniraj
07-31 11:42 PM
I-485 pending with PD June 07 & valid EAD
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
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funny
08-13 04:10 PM
^bump^
chintsus
08-15 02:05 AM
My H1B visa expires on Sep 22nd of this year. I am going to file for an extension but the only concern i have is my passport expires in July 2010. Does the passport expiry date matter for the H1B extension process..i know that the visa procedure requires a passport valid for at least 6 months.
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desi3933
07-09 11:16 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
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sukhwinderd
09-14 04:04 PM
please read
raysaikat
07-13 01:27 AM
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
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Wish_Good
05-02 01:53 AM
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
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Alabaman
08-21 10:44 AM
Contact them for what?
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srinivas_o
08-22 05:45 PM
BUMP
Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????
Anybody else knows any contact number other than 800 375 5283 to find out what document was mailed by USCIS????
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tempy
09-22 09:09 AM
Thanks, yes our last names were different.
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
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intheyan
08-13 09:03 PM
Back log elimination..
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.
My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.
The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.
The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.
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muthukmk
08-03 04:14 PM
Hi All,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
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wandmaker
02-11 01:28 PM
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
Exactly! Long story short for those who need one liners -
Show IV the money and participate in all action items (in a way you can) otherwise there will be (expected) surprise(s), blog all day & night and prepare yourself for 'return to home'
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
Exactly! Long story short for those who need one liners -
Show IV the money and participate in all action items (in a way you can) otherwise there will be (expected) surprise(s), blog all day & night and prepare yourself for 'return to home'
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EB2ToEB3
08-22 01:53 PM
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
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Libra
07-10 09:52 PM
I think he is just kidding, he might want to see how people will react:D
great...if thats true.. mine goes to one service center and my wife's goes to another
great...if thats true.. mine goes to one service center and my wife's goes to another
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deardar
07-18 09:35 AM
I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.
more...
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lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
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chanduv23
09-29 11:50 AM
09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
Its kinda confusing and really not that big or sensational.
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
Its kinda confusing and really not that big or sensational.
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Fugu
01-11 03:02 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
addsf345
01-08 02:07 PM
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
pdakwala
02-24 04:29 PM
Hello everyone,
There is no need to get excited. How much we can achieve from this will depend on our efforts.
Please contribute to Immigration Voice if you really want something to come out from this markup. Be generous by the way.
Cheers
There is no need to get excited. How much we can achieve from this will depend on our efforts.
Please contribute to Immigration Voice if you really want something to come out from this markup. Be generous by the way.
Cheers
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