number30
09-23 12:14 PM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
Did you ask them what are those acceptable documents?
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OLDMONK
07-18 09:19 PM
I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
immuser
11-01 06:26 PM
I have seen many discussions were people talk about going to Canada, UK etc.
It is good to know what your options are other than US.
It is good to know what your options are other than US.
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factoryman
06-19 05:56 PM
go to forum. Click on my name in the user currently online. My profile will come up.
Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.
Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)
Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose
Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.
Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)
Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose
Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
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Desertfox
07-24 06:32 PM
Deleted...
trueguy
08-11 01:15 PM
Bump
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Wish_Good
06-23 06:03 PM
Hi Prashanthi,
Thanks for your Service,
Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.
Please advice me.
Thanks a Lot in Advance.
Thanks for your Service,
Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.
Please advice me.
Thanks a Lot in Advance.
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immi2006
11-27 11:08 PM
Folks,
My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.
My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.
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hsingh82
04-27 05:06 PM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?
Thanks.
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gopi246
03-23 06:49 PM
At last I am able to get to the root of the issue. I went to Logan airport and spoke to Immigartion dept people. They have seperate cell called differed inspection for these kind of clarifications.
When I explained the situation they found that the i-94 number in their system is not matching with that of mine. So when SSA is searching the database they were not getting any details. They have issued a new i-94 card to me and asked me to re-submit the request to SSA. Hopefully they will be able to get it this time.
If any one faces similar problems, they may contact immigation dept of Logan at #617-568-1810 option 0 and ask for differed inspections.
Thanks for all your suggestions, have wonderful time:)
When I explained the situation they found that the i-94 number in their system is not matching with that of mine. So when SSA is searching the database they were not getting any details. They have issued a new i-94 card to me and asked me to re-submit the request to SSA. Hopefully they will be able to get it this time.
If any one faces similar problems, they may contact immigation dept of Logan at #617-568-1810 option 0 and ask for differed inspections.
Thanks for all your suggestions, have wonderful time:)
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nixstor
06-28 10:55 PM
I will look at the I-485 application on Saturday and will send all my applications to the center listed for EB applications. As of now it is NSC.
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frostrated
07-06 03:33 PM
Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
Using AP has no relation to using EAD. I have confirmed this with my attorney as well.
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
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virtual55
07-29 03:28 PM
In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
This is true, they are not processing I-140's filed during July 2007,Aug 2007,June 2007 time period. USCIS has become another backlog center and no FIFO. I hope IV leaders are bringing this issue in their meetings with USCIS.
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tnite
08-03 10:36 PM
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts
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hebbar77
04-26 01:11 AM
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)
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maharshijb
05-04 12:06 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
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Bpositive
12-05 12:20 AM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
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suman
12-17 01:38 PM
Sorry I was away from my computer for a while.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
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ilikekilo
05-21 04:34 PM
haha....that is funny
goosetavo
01-31 12:14 AM
By jumping ahead with high-skilled immigrants of course! =D
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.
dcrtrv27
11-13 07:59 PM
I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
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