JazzByTheBay
08-21 11:25 AM
I filed at TSC, transferred to CSC, receipted, transferred to NSC - so not exactly the same situation. Interesting to note your case filed on 7/27/07 is being processed.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
Mine was filed on 06/30/2007
RD: 07/02/2007.
USCIS says they're processing by ND ("when it was entered... ").
Signs of life @NSC, nevertheless.... :)
jazz
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
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bank_king2003
06-04 03:01 PM
really appreciate it.
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
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inthehole
08-23 06:18 PM
I have been trying to book an infopass at Hartford office for the past one month. I been trying to every 2 hours for at least 8 times constantly every day.
Every time I get a message saying "No information appointment is available at this time. Please try again later" message.
Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.
Every time I get a message saying "No information appointment is available at this time. Please try again later" message.
Any body have this problem. I have been trying to get infopass since my EAD is going to expire and I am experiencing delay in EAD renewal process.
more...
looneytunezez
05-19 01:51 PM
bump ^^^^
gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
more...
Leo07
05-21 10:30 AM
and there are lots more like us...
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yestogc
03-06 01:34 AM
In India, as of this day only Rs 1L is secured if a bank fails ............... isn't that way too low.
http://www.dicgc.org.in/GuideToDepositInsuranceInIndia.htm#q3
http://www.dicgc.org.in/GuideToDepositInsuranceInIndia.htm#q3
more...
vactorboy29
02-19 06:59 PM
Anybody?
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
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ImmiLosers
09-25 01:16 PM
you are no more eligible for H1B extension. h1b extension/transfer are doable as long as you are in h1b.
more...
minimalist
09-16 04:34 PM
about so much uproar and fighting about not letting illegal immigrants have healthcare.
Dems even explicitly stated in the bill that no illegals will be eligible for the benefit.
They must be laughing inside because after the CIR, there will be not many illegals left.
Anyway just an observation.
Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.
So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )
That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
Dems even explicitly stated in the bill that no illegals will be eligible for the benefit.
They must be laughing inside because after the CIR, there will be not many illegals left.
Anyway just an observation.
Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.
So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )
That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
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RadioactveChimp
04-16 02:02 AM
yes yes I know...let's leave this in the past alright? :lol:
more...
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Kitiara
10-17 05:22 AM
You like my drawing? Thank you very much. :) I'm not much cop at the fantastic Photoshop stuff - a lot of these guys seem to be able to do them blindfold (Eilsoe, Edwin, I'm talking about you here :) ). I tend to stick more to line art. I did write a tutorial on how to do it for kirupa.com. It's buried under Flash MX - Special Effects - Line Art or something similar. It's cheating really, as I draw by hand first, scan in then trace in Flash. But sometimes you can get really nice effects.
I'm about to try playing around with Fireworks now for those animations. Stupid of me really, I've got it here on my PC, but I never thought of using it. Duh... Fingers crossed it'll work out. As far as I can tell, it's Imageready that's bumping up the file size...
I'm about to try playing around with Fireworks now for those animations. Stupid of me really, I've got it here on my PC, but I never thought of using it. Duh... Fingers crossed it'll work out. As far as I can tell, it's Imageready that's bumping up the file size...
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quizzer
11-09 12:30 PM
Hi all,
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
Can you tell me ur category (EB2 or EB3) and RFE received date?
Recently I recieved a RFE on ability to pay regarding my I-140.
I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
Please suggest me any options that I can do
Can you tell me ur category (EB2 or EB3) and RFE received date?
more...
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gonecrazyonh4
05-08 11:01 AM
Last time we renewed we lost more than a month since they did it from approval date. Also they gave it so fast and only for 1year - we missed the 2yr valid EAD by days. In comparison they issued the AP quite late taking their sweet time
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amsgc
01-12 06:27 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
more...
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Berkeleybee
03-27 05:39 PM
Virtual,
That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.
best,
Berkeleybee
That is exactly what we are doing. The memo didn't just miraculously appear at BIB Daily.:) I emailed him, others got in touch with Matthew Oh etc.
best,
Berkeleybee
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claudia255
10-22 03:11 PM
Thanks Admin2.
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GCNaseeb
10-17 11:03 PM
What's going on?
sagar_nyc
06-20 09:30 AM
For 485, EAD and AP , Do we need get three quarter old fashion photo . I mean facing diagonal or facing straight to camera? I believe old one was looking diagonal to camera.
take a photo of yourself with a digital camera....go to epassportphoto.com upload the photo and crop it...save the output jpeg and upload to walgreens. Print from there
total cost 19 cents
take a photo of yourself with a digital camera....go to epassportphoto.com upload the photo and crop it...save the output jpeg and upload to walgreens. Print from there
total cost 19 cents
kris04
11-12 09:33 PM
while porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
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