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  • mantagon
    09-23 02:12 PM
    to convince them by saying that if a person can legally work in the US, a fact they acknowledge, the person can very well study! I don't think there would be any law that explicitly states this because it seems to be illogical that someone can work legally in a country, but not study! The reverse makes sense and that's why there are explicit laws about that. Good luck!

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  • ChainReaction
    04-02 04:09 PM
    If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.

    Thanks a_yaja for UR reply :)

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  • TexDBoy
    09-10 09:09 PM
    If your Opt is till Dec ... why did you get H1B with no I-94 ...

    I thought that only happens if you have gap between OPT and H1B ...

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  • sxk
    11-24 07:09 PM
    I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
    or is it better to fall back on EAD and continue with education? Please advice!
    Optimist578 - can you please let us know what you find out from your attorney?
    thanks a lotsxk

    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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  • ItIsNotFunny
    04-23 10:12 AM
    Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.

    Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?

    If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)

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  • dingudi
    05-08 08:42 AM
    I had all my records for vaccinations. But a friend of mine completed 3 vaccinations last july 2007. The civil surgeon put the dates for these on the form. For others the civil surgeon did the same thing , that he checked the "not appropriate age" but did not write anything like "child record not found" under the dates.He just left it blank. Also he checked the "eligible for waiver" in the field below. I am sure lot of cases are similar to yours.

    I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .

    We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.

    Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?

    With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.

    Please suggest how we can handle the Medical RFE ?


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  • gcny2006
    05-28 03:35 PM
    Talking abt running this site. I think IV should enforce a mandatory $15 per year for access to this site. In interest of full disclosure - I have been a free loader myself for a very long time but have realized its pointless if you are not helping the cause. The people who are visiting this site have one thing in common - They have a BIG problem and if they cannot make a SMALL contribution towards solving that problem this community has no use for them.

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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
    2) non-resident aliens?



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  • DareYouFireMe
    03-09 04:18 PM
    Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

    If he is EB2 ROW then go with Nov 2006...

    In any case please tell your friend to join IV and contribute to IV.....

    Not sure what you meant by your statement "screwed either way"
    Also, please let me know what does EB2 ROW means. Thanks!

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  • eb3retro
    12-11 02:54 PM
    Hi there

    I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.

    Are there any other ways to make this possible?

    one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.


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  • PlainSpeak
    02-25 03:34 PM
    A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
    Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post

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  • bzuccaro
    11-09 08:40 AM
    If the labor certification is approved and the I-140 has been or will be pending for 365 days or more prior to the H-1B worker�s requested H-1B start date, then the H-1B visa worker can file for the one year extension under AC21 106 (a).


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  • Rb_newsletter
    05-03 09:15 PM
    Hi All,

    Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.

    As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.

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  • vikki76
    06-17 01:13 PM
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.


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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?


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  • fionaapple20
    11-27 03:54 PM
    I have the same set of questions - posted in another thread -


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  • gc_kaavaali
    11-14 04:31 PM
    It is upto can intimate them for job changes...or wait for USCIS come back to you...they usually send you RFE...if you want details about how to intimate USCIS, please take a look at below link...somebody got GC after invoking it is upto you. As far as job description...your labor has good covers everything...I think u r can go ahead and join compnay....but i am not an your attorney...

    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

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  • bigboy007
    06-04 12:58 PM
    i too think so they wont drag it more

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  • Canadian_Dream
    03-20 11:41 AM
    Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

    I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
    When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks

    02-26 11:22 PM
    To Texcan...the idea of looking for another state taht will accept BSPT is a good idea. Ill explore that solution. I appreciate that.

    I have already talked to a lawyer and a lot of possibilities are presented.
    1. File an appeal
    2. Go back to old employer...hope they'll take me back
    3. HAve me work under previous employer as contract to stay with my denied petitioner.

    I dont just hang around pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!

    I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!

    02-23 10:51 AM
    Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

    EB1 - 3K
    EB2 - 21K
    EB3 - 17.5K
    EB4 - 0.3K
    EB5 - 0
    EB Total - 41K

    Am I missing something?

    One other factor is in play:

    100,000 visas were recaptured in 2000 under the AC21 act and made available to oversubscribed countries over the years until they ran out in 2005.

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