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  • hibworker
    01-04 02:26 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 ?

    Sure she can apply for COS to F1. I am not sure what impact denial in India will have, but its worth a shot. However, for OPT the student needs to be in F1 status for at least 1 academic year - so check with her school if she will meet the OPT requirement after switching back to F1





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  • yabadaba
    06-26 08:24 PM
    ^^^^





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  • pappu
    03-29 02:37 PM
    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..

    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.





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  • milind70
    08-28 11:46 AM
    Thanks bond65

    Immi_enthu,
    I was talking about Traditional labor, and mines is not a case of substitution so i never signed anything .Infact at the time of applying labor i did sign some forms but nothing in 140 stage only signed g 28 at 485 stage.
    From your signature your 140 is approved so u need not worry about that.



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  • Chelo
    02-07 10:19 PM
    I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
    Chelo


    This is my cover letter and I did everythig as it says:

    To: U.S. Citizenship and Immigration Service
    Texas Service Center
    4141 North St. Augustine Road
    Dallas, TX 75227

    From: Mr. XXXXXXX
    ADRESS st,
    City, State, zip code
    Tel: (111) 123-4567
    Email: whatever@whatever.net
    mm/dd/yyyy



    RE: Original Submission of Application for Employment Authorization

    A# ?????????

    Dear Sir or Madam:

    Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
    Aplication form and Supporting documents are enclosed arranged as follows:

    Form I-765 (EAD) dully filled
    Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
    Receipt notice of form I-485, copy of the receipt,
    Identity Document: copy of Visa issued by Consulate, copy of Driver License,
    Photos: Two color passport photographs placed in an envelope;
    Other supporting documentation: Copy of I-140 approval notice

    Kindly, process the above referenced application at your earliest convenience.
    If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
    Best regards,



    Mr. XXXXXX





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  • InTheMoment
    07-11 10:37 PM
    With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...

    With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.

    So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)



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  • chanduv23
    05-04 04:49 PM
    Thanks for the reply. You're right, emotion or logic has nothing to do with USCIS:):)http://immigrationvoice.org/forum/images/smilies/smile.gif

    I don't have the letter with me but the denial is based on a law pertaining to me only submitting a partial answer to their request. How true that is is up to debate as my cosponsor says no but really, it doesn't matter what we say when the USCIS say something different.

    We will not be getting a lawyer, we cannot afford that right now but we will probably file for the motion to reopen my case. I have a somewhat good understanding of what I need to do but not sure how successful we will be. Hopefully, they will accept our fee waiver form becuase we probably won't be sending them money. We would still like to know if anyone has tried to have their case reopened and how long it took and how it went.

    Depends on what is in the denial letter. Usually such things need an experienced Attorney to handle MTR.

    MTR has few choices and Attorneys pick the choice based what they want to do to open up ur case. Remember, if u check the wrong box, your MTR may go to appeals office.

    The first step however is to get the denial letter in hand, and then talk to an experienced Attorney to handle ur case.





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  • saran4
    03-03 09:05 PM
    Hi all,
    consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
    why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

    what may be the reason? why they are concerned about the offshore salary?



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  • swede
    08-23 11:41 AM
    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.

    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.





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  • chanduv23
    09-10 09:51 AM
    I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.

    I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.



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  • Redeye
    08-21 03:21 PM
    Thank you, however I was not expecting it.

    Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.

    Njoy life . Buy a corvette. :)


    Thanks, I gave you some green dots for your answers.
    You asked about my age: I will be 40yrs old this December..





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  • Templarian
    11-11 12:48 PM
    Where are the winners posted? It's already 11th !
    Remember the time zones. The contested only ended 7 hours ago (think I did that math right).

    Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.



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  • MrWaitingGC
    07-04 10:17 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.


    In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.

    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.





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  • vamsi_poondla
    09-05 09:36 PM
    we should all attend. Failure is not an option...there is no better time than Sept 18th



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  • rp1975
    01-14 05:36 PM
    You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.

    While the new company files for PERM EB2 LC & then 140, does the old company which applied for EB3 LC have any power to disrupt the processing in other words, can they withdraw the LC/140 so that the PD cannot be reused??





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  • a_dips_1999
    06-16 05:39 PM
    Hi,
    I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.

    any help/feed back is appreciated

    thank you
    Dips



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  • gcseeker2002
    01-07 10:27 AM
    FYI:


    http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!





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  • prouddesi
    10-15 04:31 PM
    Hello Folks,

    We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.

    Venue: Diwali Mela, San Diego.
    Date: Saturday, November 10th.
    Target: A whopping 5000 visitors for recruitment and educational purposes.

    I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!

    PLEASE SIGN-UP on the yahoo groups spreadsheet.

    Thank you in advance! :)


    Southern California IV members,

    There are several action items that we are currently working on in the Southern California group including meeting with our lawmakers, membership drive events and getting together volunteers to make calls for the DC Rally. We urgently need active participants to help us carry out these action items. Please contribute your time and effort so that IV can succeed in resolving our issues.

    For more information, join us at our yahoo group:

    http://groups.yahoo.com/group/SC_Immigration_Voice/





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  • sanju_dba
    09-14 01:27 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.





    raysaikat
    05-07 09:27 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!

    Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":

    TITLE 22--FOREIGN RELATIONS

    CHAPTER V--UNITED STATES INFORMATION AGENCY

    PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents

    Subpart C--Status of Exchange Visitors

    Sec. 514.42 Transfer of program.

    (a) Program sponsors may, pursuant to the provisions set forth in
    this section, permit an exchange visitor to transfer from one designated
    program to another designated program.
    (b) The responsible officer of the program to which the exchange
    visitor is transferring:
    (1) Shall verify the exchange visitor's visa status and program
    eligibility;
    (2) Execute the Form IAP-66; and
    (3) Secure the written release of the current sponsor.
    (c) Upon return of the completed Form IAP-66, the responsible
    officer of the program to which the exchange visitor has transferred
    shall provide:
    (1) The exchange visitor his or her copy of the Form IAP-66; and
    (2) A notification copy of such form to the Agency.





    JunRN
    01-26 08:40 AM
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    Set your Temp. Internet File setting to "automatic" to check for newer version.



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