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  • maheshf
    01-24 03:32 PM
    I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.


    My questions is:
    1) Can she continue working on her Thesis on her EAD and AP ?
    2) What will happen to her f1 if she use EAD

    In response to these questions my Lawyer said

    1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.

    2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.

    What do pro�s think..:)





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  • BharatPremi
    12-09 12:12 AM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.

    Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.





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  • meridiani.planum
    04-15 06:04 PM
    have any one applied for AC 21 your self or with advise, I need some guidance can you please help.

    Thanks
    Jay

    I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
    Moved from H1 to EAD.





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  • leo2606
    01-18 07:48 PM
    I don't think those 2 are related.

    If the recession does hit,

    will the visa bulletin of every month jump faster?

    or will it slow down?

    does anyone know?

    :confused:



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  • immi2006
    02-11 02:00 PM
    But even with primitive PD's if visa nos are not available, things will still be the same. What say abt 6 yr old pd's in EB2...namecheck removal doesn't help!!!


    But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.





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  • sri1309
    09-19 05:43 PM
    The question is incorrect.
    It should be, "How many of you have children that are non-US citizens?"

    Reddog,

    Smart.
    It should be how many non-citizen children.
    But you both missed one more applicant, the spouse.

    The question should be,
    Are you married and if so, how many children you have who are non-citizens. We do hope most of them should be unmarried:D.

    Am I smart too..
    :)

    Sri.



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  • Uncertain
    04-28 04:00 PM
    Of course all prospective legal immigrants pay taxes which are more than $75.
    Plus 100% of legal immigrants have paid, are paying and will continue to pay taxes as compared to estimates that some illegals pay and some do not.
    This is a very valid and strong point and needs to be brought up ASAP.

    If there is already a google group, I suggest lets start adding information there ASAP.





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  • waitnwatch
    05-27 10:45 AM
    Since I am older and wiser now, I can easily take them.

    Yes, I must correct myself. It is not 525 (even though that is what the ever hurrying radio talk show hosts said).

    That's even better. Percentage wise it is now 300/435. How about that?

    I was away this morning for a big community project that I am involved in. I wanted to round that off with a morning brunch with the Congressman I quoted, but couldn't pull it off. I had met Mr. Mark Udall a couple of times in Friendship and Business Chamber get together in Denver, CO. He is a fine gentleman.

    I prey his words come true at the earliest. Got to go. Have to mow the lawn, as per home minister/ interior secretary.
    Bye. Ciao.

    I have a quick question about Udall. He is the Boulder and Longmont representative and a Democrat. This gentleman though voted against S1932 (hope I got the December bill right) when it went to the house. Do correct me if I am wrong. That was an appropriations bill so his view on immigration may not directly be represented by his vote. Would you by any chance know where Udall himself stands on the whole issue.



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  • sandy_anand
    01-07 09:48 AM
    It was a massive Rs.8000 crore fraud. This is bad for India, Inc. But I don;t think this will affect outsourcing. The other firms like TCS, Infosys, Wipro will merely pick up Satyam's clients.





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  • psk79
    10-04 10:12 AM
    Mine says a notice was sent that it is approved on sep 26. mSo far nothing. I was told my attorney will get it.....



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  • gotgc?
    12-19 04:35 PM
    bumping





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  • u.misc
    01-19 09:03 AM
    Why do you think that you are doing a favor to the country as a whole by buying a house.



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  • fittan
    03-16 02:55 PM
    pd_recapturing...Thanks for the link. I've read it earlier and it is very useful.

    ganguteli...what's up your ass? pd just inform the community over a informative link and you go berserk about "hero worship", "trash talk IV" and your $25 contribution. Dude, are you serious?





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  • aaaj
    07-22 11:09 AM
    My wifes also had same problem. I read some where in this forum that you can add a line in your affidavit that "my son was known by nickname <your name on BC> as an infant".



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  • USDream2Dust
    04-18 02:19 PM
    Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's





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  • pappu
    06-02 08:51 AM
    I think that instead of exhausting our energy on this issue, we better think how to make progress in our fight against injustice. And to all those who are using an abusing language .... please show your guts when you go for your next visa stamping or when entering the United States on a port of entry and try to use the similar language.... you surely will get an answer/lesson you will remember for rest of your life.

    Yes Agreed.
    Moving forward, we will refrain from answering anyone who is banned. It is a waste of time and energy that can be used for something that helps our real and contributing members. But whatever is being posted on this thread will now give a sense to others of what goes on in moderating these forums and what we do is for a reason and in the interest of the forum and the organization.

    If someone feels that they are banned in error they must directly contact us. Make sure you are not anonymous. Because we do not respond to anonymous inquiries. http://immigrationvoice.org/index.php?option=com_content&task=view&id=76

    The thread is now closed and made a sticky for future reference.



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  • bsbawa10
    04-18 07:41 PM
    I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.





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  • Exultant
    12-03 03:56 PM
    gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?

    Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).





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  • kanvenk
    01-23 02:20 PM
    I know, that's why, wondering about our Immigration bills.

    Thanks.





    abhijitp
    03-31 01:43 PM
    Done! Go IV!





    number30
    03-18 06:28 PM
    Youre allowed to stay in H1 status for 6 years. If you want to extend it over 6 years, that extension will be based on the EB petition (you need an LC and approved I-140). If that EB petition is denied and denied again thru appeals (MTRs), you are out of status.

    Please read: http://www.immigration-information.com/forums/showthread.php?t=5293

    Please consult your immigration attorney and do not rely on information posted here, that is your best chance at being assured.

    Did you really read it properly? That talks about you cannot revert back H1 once you have completed six year term with no other eligible pending applications. If someone is seventh year H1 and denied after the seventh year started then he can complete the seventh year. But he will get year number eight. Approved H1 will not become invalid at this stage.



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