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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?
anilsal
01-14 12:04 PM
I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
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mast_mastmunda
11-10 04:13 PM
Hi,
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
more...
akhilmahajan
05-01 11:56 AM
All the best indian..........
Hopefully it will happen that way for you.............
Hopefully it will happen that way for you.............
Suva
07-20 01:51 PM
I agree too.
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.
This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:
1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );
2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);
3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );
4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );
5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;
6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;
7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;
Please draw your own conclusion(s).
By the way,
*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!
more...
chandarc
08-01 11:52 AM
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boston_gc
01-20 06:40 PM
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
more...
nk2
08-04 12:58 PM
EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject
jay75, if you want to can change it, go to edit post, advanced and change the subject
jay75, if you want to can change it, go to edit post, advanced and change the subject
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razis123
01-27 02:06 AM
so does it mean in the coming months the July fiascos 485 applications will be processed....then what..?
more...
MissionImpossibleGC
08-24 11:34 AM
You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
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psk79
05-31 12:02 AM
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.
more...
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jediknight
10-23 12:57 PM
I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(
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GCHope2011
06-28 06:52 PM
If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.
more...
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Sakthisagar
04-30 10:01 AM
Even if CIR fails it is good for Legal immigrants. let amnesty fail but the amendment for Visa recapture wil be passed. Let the CIR come to the floor call all senators and congressmen, tell your story participate with IV
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Dhundhun
07-10 01:43 AM
.. X made appeal and you continued working with X. Why do you think this to be illegal?
.. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?
.. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
.. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?
.. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
more...
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vinabath
04-22 03:40 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).
If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin they should not be processing any case that was filed when PDs were not current during that brief time slot (2nd - 17th of july).
If indeed people did continue to file their papers even after July 2nd (and some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
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tonyHK12
12-07 06:13 PM
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?
Salary for any job depends on lot of factors. How one negotiates is a key factor.
Cool how did he find the job, did he go through a recruiter from here or did he first land there and then search for a job?
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dpsg
03-25 02:49 AM
I fully agree we won't gain anything from fighting anyone.. But we need to create a parallel source of information on this website , which is based 100% on facts... so that rational people can make better judgements.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
I am definately against fighting idelogues, because to them ideology is above everything.. they will find everything to support their arguments... frankly we
shouldn't do same. We should build a unrefutable credibility for us.
Regards and thanks for taking a challenging leadership role for this important endeavour.
sg72
09-29 12:42 PM
My case is totally different. We applied on July 2nd and my wife got her EAD last week but my EAD not yet approved. Is it normal?
amitjoey
11-21 05:23 PM
While going out staple all of them together and give it it Airlines.
Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).
But my lawyer as well as airline told me clearly to give all of the I94 together.
If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)
Thanks
Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).
But my lawyer as well as airline told me clearly to give all of the I94 together.
If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)
Thanks
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