Canadian_Dream
01-24 05:56 PM
Government dictates the rule for granting F1 non-immigrant visa and eligibility of a school or its programs to admit students under such provisions. When a student is at the school, the school/department has full control on what are the conditions for an international student to be on a valid visa. For example, some schools enforce 9 credit requirements per semester while other requires 12 (so yes school dictates these details) or some have no such requirements such as Kaplan/Language schools etc. There are other details too like duration of completion and criteria for expulsion. In violation of any of these conditions each school can cancel F1 status based on its own rules. Government doesn't dictate on what criteria can a school expel a student and thereby voiding his/her F1 visa status.
As for intent, merely showing an intent is different from actually changing visa status. F1 with a pending AOS is a gray area for precisely the same reason. The best thing an F1 student could do is to complete the course meeting the F1 criteria of possible and/or switch to EAD by formally taking up an employment and filing I-9 which will be same as changing status explicitly.
As for previous non-immigrant status it remains so until one uses EAD regardless of what that status was. There is no ambiguity in it, that's why people obtain EAD and never use it to maintain their previous non-immigrant status. If you maintain a valid F1 status and say your I-485 is denied you are still safe because your F1 status is still valid, it didn't go away just because you showed an intent to immigrate by filing I-485. That's what I was suggesting to original poster, if for some reason you prefer to maintain non-immigrant status you should keep either F1 or H4 whichever is convenient to you.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
As for intent, merely showing an intent is different from actually changing visa status. F1 with a pending AOS is a gray area for precisely the same reason. The best thing an F1 student could do is to complete the course meeting the F1 criteria of possible and/or switch to EAD by formally taking up an employment and filing I-9 which will be same as changing status explicitly.
As for previous non-immigrant status it remains so until one uses EAD regardless of what that status was. There is no ambiguity in it, that's why people obtain EAD and never use it to maintain their previous non-immigrant status. If you maintain a valid F1 status and say your I-485 is denied you are still safe because your F1 status is still valid, it didn't go away just because you showed an intent to immigrate by filing I-485. That's what I was suggesting to original poster, if for some reason you prefer to maintain non-immigrant status you should keep either F1 or H4 whichever is convenient to you.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
wallpaper Kenneth Nixon -constant WIP-
TomPlate
07-16 10:44 PM
Medical Examination is going to be really bad once more. It is going to be a long queue. Keep on trying by calling the doctors and do not rely near by doctors. If you are in near by MA I suggest you Dr. Sanjeev Sharma really a great and reliable doctor we can trust. Where are you by the way????
sheela
10-05 01:09 PM
Thank you thank you thank you sooooooooooooooo much!!!!!!!! I didnt even know you had to do this!! I would put my receipt number in check status and worry like a fool. I am just plain stupid!!!!!!!
After creating my account, I realized there has been updates!!! And now am thinking about all those days I worried.... what an idiot I am!!
My husband would be very happy to know this. THANKS SO MUCH!
you may see LUD changing frequently-whenever there is any action or whatever. I saw lud after fp , multiple luds for ead and case trf
After creating my account, I realized there has been updates!!! And now am thinking about all those days I worried.... what an idiot I am!!
My husband would be very happy to know this. THANKS SO MUCH!
you may see LUD changing frequently-whenever there is any action or whatever. I saw lud after fp , multiple luds for ead and case trf
2011 GG and Taylor Kenneth Nixon
alinaturkova
01-15 03:53 PM
Thanks for your help!
more...
GCard_Dream
01-04 10:48 PM
Gentlemen, please do some research before posting questions that has been asked and answered many many times.
http://immigrationvoice.org/forum/showthread.php?t=2664
good question,an update will be halpful, we also want to know how we can halp in short term to get the 485 relief?
http://immigrationvoice.org/forum/showthread.php?t=2664
good question,an update will be halpful, we also want to know how we can halp in short term to get the 485 relief?
JunRN
09-21 04:45 PM
Yes! If there's nothing wrong in your EAD application (which should be none because USCIS received it), expect to receive your EAD approval on the third to last week of October.
NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.
NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.
more...
javadeveloper
08-18 05:27 PM
Thanks for the responses.I don't know how they managed but some of my friends got approvals in EB2.
2010 Kenneth Nixon and Andy Sixx Bg
quizzer
10-16 04:21 PM
Hi Guys,
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
more...
sagar_nyc
07-09 03:57 PM
we should ask him when EB3 India will get current? He will stop eating after that. :)
We should take help from "Paul the Octopus" :)
We should take help from "Paul the Octopus" :)
hair Kenneth Nixon by
onemorecame
07-12 03:09 PM
My feeling is if it is not coming out till Jul 14th evening
Dates would be some where END of 2006
I liked that...
Dates would be some where END of 2006
I liked that...
more...
h12gc
10-16 04:03 PM
Thanks for all the replies.I will check with any other Lawyer.
Thanks,
h12gc
Thanks,
h12gc
hot Kenneth Nixon by ~i-Neon on
akilaakka
10-05 12:50 PM
We gave our FP. LUD changed twice :once on the day of FP and then on the next day.
Our EAD card came before FP.
Thanks
senthil.
Our EAD card came before FP.
Thanks
senthil.
more...
house Conrad by Kenneth Nixon
WaldenPond
04-09 10:43 AM
Hello gc_2010,
Thanks for the excellent suggestion. Would request you to please let us know of any group or orgs that you think will be ready to endorse us?
We do not have exclusion policy for any type of orgs. If you have any suggestions or could provide any leads to any orgs or community, please help us reach such orgs and help this effort.
Thanks,
-WP
Thanks for the excellent suggestion. Would request you to please let us know of any group or orgs that you think will be ready to endorse us?
We do not have exclusion policy for any type of orgs. If you have any suggestions or could provide any leads to any orgs or community, please help us reach such orgs and help this effort.
Thanks,
-WP
tattoo kenneth nixon by ~chloebanana
Get_GC
10-08 06:32 AM
Finger Printing done on 10/4.No LUD till now.
more...
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gimme Green!!
07-13 03:36 PM
Hail Lou Dobbs!
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Hell Lou Dobbs?
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Steven-T
February 3rd, 2004, 09:49 AM
I think the Kodak has alot more problems than just AA problems!!!
And any time a product drops by 50% in 1 year its normally not a good sign
Scott
I played around with the 14n at Adorama. Also I have been at DPR Kodak forum gathering user experiences. For its price, its a great camera for its targeted purpose.
There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Complaint: Even the D70 has spot metering, 1/500 x-synch, 30 - 1 / 8000. Cmon, Canon, at least put the d*mn spot-metering on the 10D-II (if not 12mp, FF, ... for $999.00)
Steven
And any time a product drops by 50% in 1 year its normally not a good sign
Scott
I played around with the 14n at Adorama. Also I have been at DPR Kodak forum gathering user experiences. For its price, its a great camera for its targeted purpose.
There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Complaint: Even the D70 has spot metering, 1/500 x-synch, 30 - 1 / 8000. Cmon, Canon, at least put the d*mn spot-metering on the 10D-II (if not 12mp, FF, ... for $999.00)
Steven
more...
makeup Framing+hanley+nixon+hair
Canadian_Dream
12-03 03:53 PM
I would say:
1. Stay on H1B as long as possible. Try not to use EAD unless absolutely necessary.
2. Because of 1 above, if you switch to the new employer USCIS would know you left the previous employer. (since you will file H1B transfer).
3. I see that you have everything worked out nicely from your current employer to have 180 days for your AC-21 portability. You have to really evaluate if it is really worth going to new employer in Dec 07. (if there is enormous financial gain like pre-IPO etc)
4. There is nothing wrong in switching jobs before 180 days either on EAD or H1B but in order to play safe the best bet is to, switch on H1B after 180 days. Enjoy your paid holidays and join the new employer in 2008 with peace of mind.
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
1. Stay on H1B as long as possible. Try not to use EAD unless absolutely necessary.
2. Because of 1 above, if you switch to the new employer USCIS would know you left the previous employer. (since you will file H1B transfer).
3. I see that you have everything worked out nicely from your current employer to have 180 days for your AC-21 portability. You have to really evaluate if it is really worth going to new employer in Dec 07. (if there is enormous financial gain like pre-IPO etc)
4. There is nothing wrong in switching jobs before 180 days either on EAD or H1B but in order to play safe the best bet is to, switch on H1B after 180 days. Enjoy your paid holidays and join the new employer in 2008 with peace of mind.
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
girlfriend kenneth nixon
calboy78
09-01 07:40 PM
Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......
No offense to you however:
1: An infopass may and may not solve your problem (so don't count on that)
2: Not all infopass'ers are seeing your message
So - A better thing to do will be to remind USCIS of its duties by taking one/more of these actions until you get your EAD
- talk to local congress person and have them nag USCIS
- open a service request if your case is outside processing time
- send form 7004 to ombudsman
Good Luck
No offense to you however:
1: An infopass may and may not solve your problem (so don't count on that)
2: Not all infopass'ers are seeing your message
So - A better thing to do will be to remind USCIS of its duties by taking one/more of these actions until you get your EAD
- talk to local congress person and have them nag USCIS
- open a service request if your case is outside processing time
- send form 7004 to ombudsman
Good Luck
hairstyles Kenneth Wayne Nixon middot; SHOUT
eb3_nepa
06-16 10:59 AM
Hello everyone. I was following the "IV in the News" Thread and I saw something that may be the reason why the layman thinks IV is an "Indian Organization".
DISCLAIMER:
1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.
2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).
Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.
NBC Nightly News: Thurs March 30 -> Shiva
Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
News & Observer, Apr 12, 2006 -> Sarath
Washington Post -> Aman & Shilpa
Fox News Wkend Live 1:15 EST -> Aman
Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
Diversity Inc, May 13 2006 -> Aman, Jitendra
Tulsa World, May 23 2006 -> Salil
MSNBC, May 22 2006 -> Aman
World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa
This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.
All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.
This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.
Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.
One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.
DISCLAIMER:
1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.
2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).
Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.
NBC Nightly News: Thurs March 30 -> Shiva
Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
News & Observer, Apr 12, 2006 -> Sarath
Washington Post -> Aman & Shilpa
Fox News Wkend Live 1:15 EST -> Aman
Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
Diversity Inc, May 13 2006 -> Aman, Jitendra
Tulsa World, May 23 2006 -> Salil
MSNBC, May 22 2006 -> Aman
World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa
This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.
All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.
This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.
Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.
One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.
saiimmi
10-14 08:37 AM
I wonder on what basis did they advance the dates by whatever margin they did. No doubt, any positive movement (in hours, days ) is good but the consolidated database is not in place as I understand and so this seems pretty much a watershed. The dates might move with out any GC being issued :)
immique
07-16 12:33 AM
I think EB2 India may be retrogressed only for the month of September as most of the visas will be used in August itself. The dates will rapidly advance once again with the new quota in October. I think it is very likely that EB2 will be compensated with the number of visas that were improperly given to EB3 last year. So I expect EB2 to receive those extra visas from EB3 quota next year as DOS will try to compensate retrogressed countries in EB2 for the mistake that they made last year. If this happens, EB2 may become current very soon.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
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