Friday, June 10, 2011

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  • optimist578
    11-19 09:56 AM
    Hello All,

    I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

    Can I continue on my EAD? If yes, How?
    If I transfer to F-1, what will happen to my PD, EAD and AP?
    After completion of studies, can I utilize my PD or EAD?


    Please advice!

    I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.




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  • gjoe
    08-21 10:23 AM
    ^^^bump^^^

    For Rfc




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  • chanduv23
    03-16 09:22 AM
    guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?

    thanks

    Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.

    What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).

    On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.

    Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.

    So, it is not a straight forward process.

    You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.

    But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition




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  • sheela
    04-16 03:48 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,
    Thanks

    While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
    You can hope to get the refund and if not write to uscis and they are honest about these things.



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  • coopheal
    02-11 06:46 AM
    I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.

    Please consider this an initiative for yourself. Your contribution to IV is not for helping me but its for helping yourself.

    Best luck in getting labor filed.




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  • sc3
    08-09 02:42 PM
    Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.

    Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.



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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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  • franklin
    02-09 02:39 PM
    franklin...good thread.

    Just would like to request you and others who are responding to this thread...to take a look at the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=2700

    This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.

    This is going to increase IV membership too.

    Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.

    Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D

    Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !



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  • KanME
    12-26 12:05 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks




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  • yabadaba
    06-22 02:54 PM
    bump up



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  • thamizhan
    07-18 10:33 AM
    My attorney just confirmed that my application sent to USCIS on July-2, received by them on July-2 @ 9:02 AM is not returned.

    This means they are accepting it.

    My case was sent to Nebraska Service center.




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  • eastindia
    01-13 07:38 AM
    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.

    Ha Ha ;):D:o:):(:confused:

    Stop this spreading without proof.



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  • LongJourny
    01-21 04:30 PM
    Thank you all for giving me confidence. I have updated my profile. I do not remember dates of some information. I will update them later.

    One last question is if worst thing to happen would my adv. parole be useful for reentry?




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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.

    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.



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  • satishku_2000
    08-15 03:32 PM
    I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close

    Did you use AC21? how long ago you applied for 485?




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  • Maverick_2008
    04-07 05:59 PM
    Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.

    Maverick_2008



    Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
    Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.



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  • webm
    02-24 03:01 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..


    HTH,




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  • when
    12-06 01:21 PM
    Thank You crystal




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  • yagw
    03-07 12:44 PM
    With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

    I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

    The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

    Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

    For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

    Thank you.

    From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)

    DISCLAIMER: I am not an Attorney and this is not a legal advice




    vvincent72
    08-16 04:59 PM
    As per me, you really have to do "nothing"

    1. You continue working with your present employer
    2. Let the contract company get your H1B approved
    3. After getting the new H1b Approval tell the contracting company that you will not join till 3 months as you are working on some important project, and able to join them ASA the project is complete
    4. Wait for 6 months
    5. After 6 months you will get EAD.

    I did somewhat the same as above and it did work, a contracting company applied for my H1B but didn't join them for some technical reasons

    The best part of this is you will get a CAP exempt H1B, which you can use it, if you run in trouble with your I-485

    Thanks for your reply guys.! Looks like the bottom line you guys state is that - does not matter if the H1B is not withdrawn before Oct. 1st 2007 by the contracting company. It should not be a big deal to me when and how they withdraw this right.?

    All that i may need from the employer is the letter they write to USCIS stating to cancel this petition. Do i have to keep a copy of the fedex receipt that they may use to send this out to USCIS. Just evidence that USCIS recd. this package.! Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?

    Does this hanging I-129 petition affect the 485 / EAD that we have filed.?

    Thank you!




    SirDuke
    01-04 10:02 AM
    Are Tweening Engines ok to use? TweenLite for instance?



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