manhasam
03-31 12:45 PM
Done, Thanks!b
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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.
pani_6
11-28 03:56 PM
I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...
I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...
Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...
Unless we act desissively now...its going to be a long way to 2009..
I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...
Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...
Unless we act desissively now...its going to be a long way to 2009..
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virald
10-04 11:34 AM
We cannot predict the future but we can predict with some given statistics!
If people who got their AP from NSC could just menion how long it took for them to receive ap document it would be statistical and we can there upon make some judgements !!
Noone is asking for exact dates from USCIS. We are all still very much in a limbo and this is just for getting some heads up!!
TSC is taking about three months. Mine took three months and I applied on July 2nd to TSC. So, my guess is statistically, at least 3+ months for NSC, since they will be concentrating on sending out EAD's.
But, I leave it to others to give specific numbers.
If people who got their AP from NSC could just menion how long it took for them to receive ap document it would be statistical and we can there upon make some judgements !!
Noone is asking for exact dates from USCIS. We are all still very much in a limbo and this is just for getting some heads up!!
TSC is taking about three months. Mine took three months and I applied on July 2nd to TSC. So, my guess is statistically, at least 3+ months for NSC, since they will be concentrating on sending out EAD's.
But, I leave it to others to give specific numbers.
more...
gcnirvana
05-24 06:58 PM
Where did you see/hear this?
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.

sathishav
03-11 09:12 AM
You will need to do some research regarding the legitimacy Once you have a US Masters , that is the safest option.
Agree with this. If you have a US Masters, you can switch to a legitimate Eb2 position, right away.
Agree with this. If you have a US Masters, you can switch to a legitimate Eb2 position, right away.
more...
Bytes4Lunch
03-10 10:45 AM
zCool
I was wondering when you received the RFE. Were you in the US when you received it ? Did you travel to India for a visa stamping ?
I was wondering when you received the RFE. Were you in the US when you received it ? Did you travel to India for a visa stamping ?
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cps060
03-16 12:24 PM
How about the reverse change of status ? A person currently on H1 visa decides to resign from company & wishes to go on H4 (spouse has H1B extension applied for). What is the time frame in which the H4 has to be filed for .... with respect to resignation .... before resigning or after resigning .... is so within how many days of resigning. How does this person know if he/she is in status as H4 approval might take months .... Will the spouse's H1B extension receipt notice be enough as the approval might take a while.
more...
mirage
03-16 04:44 PM
I would put this News letter in one of the 'Most Informative' ones. It clear doubts about maintaining H1B/EAD it talks about changing jobs on AC21. Intresting to see that 3 years EAD/AP thing as well as he mentions about the combined EAD/AP document. Attorney Ron Gotcher is also very proactive on his forums, you can ask specific questions, he usually answers it the same day..
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number30
10-15 02:57 AM
What is your priority date? If it is current apply for CP immidiatly. It is quick. Student visa is illigal with the intent you have.
more...

file485
07-12 03:45 PM
unfortunately you can't speak to anyone over the 1-800# at the Service Centre. Your boss/employer only has to call the service centre and follow up as to what is happening with the case..otherwise you r losing each day with no result...
either the RFE is complicated for which your boss doesnt want to callup INS r what follow up with them..if i94 expires beyond 240 days you will be in more trouble
either the RFE is complicated for which your boss doesnt want to callup INS r what follow up with them..if i94 expires beyond 240 days you will be in more trouble
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iptel
05-03 12:06 AM
I would not recomen contacting Mr Savage. He does not appear to be the person that would help our cause.
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
See below
These are the candid words of Michael Savage, the son of immigrants, whose love for America and trenchant insights into the leftist propaganda that threatens our way of life have made him a giant in talk radio. In this book, written in his muscular, electrifying style, Savage warns that our country is losing its identity, becoming a victim of political correctness, unmonitored immigration, and socialistic ideals: "When it comes to our culture, we're being told by liberals to let the illegal invaders as well as the legal newcomers redefine and reshape our culture into their image."
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
See below
These are the candid words of Michael Savage, the son of immigrants, whose love for America and trenchant insights into the leftist propaganda that threatens our way of life have made him a giant in talk radio. In this book, written in his muscular, electrifying style, Savage warns that our country is losing its identity, becoming a victim of political correctness, unmonitored immigration, and socialistic ideals: "When it comes to our culture, we're being told by liberals to let the illegal invaders as well as the legal newcomers redefine and reshape our culture into their image."
more...
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bomber
08-07 07:05 PM
Some employers won't provide us the receipt notices for our I-485 applications. Yeah, it is supposed to be OUR application but that's how they play this game. Attorney refuses to release the RNs without employer's permission.
If we don't get our receipt notices, can we still change employer in 6 months using AC21. There must be a way out otherwise these suckers have an easy way to bypass AC21 laws...
anyone?
If we don't get our receipt notices, can we still change employer in 6 months using AC21. There must be a way out otherwise these suckers have an easy way to bypass AC21 laws...
anyone?
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maverick_neo
08-14 02:13 PM
I am in a similar position and am going to wait till the end of the year for the AP. I am hoping to be able to go for the H1B stamping with the AP. So if there is any problem with the H1 I can atleast re-enter using the AP. Its a nice backup...
What if your AP does not come until July next year ? Are you planning to wait until then to travel ?
What if your AP does not come until July next year ? Are you planning to wait until then to travel ?
more...
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eb3India
04-21 11:41 AM
OK, for those who thought my name suggestion was serious , well I was just kidding, cuz this topic itself was a joke so I just played along with it,
I am not really effected by GC delay, cuz I was able to file I-485 in 2004 and I changed my job twice using AC-21 (refer to AC-21 thread I explained my situation), Also my wife is working with EAD, so I have no reason to go insane, but remember I still contribute to IV and itz cause, while I know many guys stuck in labor for last 5-6 years are still skepctical about IV.
Now back to H1B subject, I am glad IV is not promoting H1B increase, just because I came in H1B it does not mean H1B any better,
Why do I care about H1B.
Because I have been here for almost 10 years and I have seen how this program is abused, c'mon gusy we are educated and qualifed and we should not be so desparate to come to US by any means, when I say abolish H1B it does not mean I am against immigration, I just want reform the system where people have more option when they came here, How many of you guys are still hanging onto same company with same salary, think rationally and think beyound GC
I am not really effected by GC delay, cuz I was able to file I-485 in 2004 and I changed my job twice using AC-21 (refer to AC-21 thread I explained my situation), Also my wife is working with EAD, so I have no reason to go insane, but remember I still contribute to IV and itz cause, while I know many guys stuck in labor for last 5-6 years are still skepctical about IV.
Now back to H1B subject, I am glad IV is not promoting H1B increase, just because I came in H1B it does not mean H1B any better,
Why do I care about H1B.
Because I have been here for almost 10 years and I have seen how this program is abused, c'mon gusy we are educated and qualifed and we should not be so desparate to come to US by any means, when I say abolish H1B it does not mean I am against immigration, I just want reform the system where people have more option when they came here, How many of you guys are still hanging onto same company with same salary, think rationally and think beyound GC
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chintu25
02-11 03:52 PM
I think with such a huge number of applicants .... The USCIS will now publish dates like this
EB2 .....on June 2001 recieved before 11.45 AM
EB3....on May 2001 recieved before 10.30 AM
But on a more serious note...Let us concentrate on the letter campaign .
EB2 .....on June 2001 recieved before 11.45 AM
EB3....on May 2001 recieved before 10.30 AM
But on a more serious note...Let us concentrate on the letter campaign .
more...
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bharol
06-01 01:27 AM
* deleted by admin
It appears you created this ID just today only to post this message.
Sounds fishy.
It appears you created this ID just today only to post this message.
Sounds fishy.
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jayleno
10-06 08:00 PM
Its is very sad to read the story about the family.
Indeed, what an ironic day... we have two headline news items concerning Indian Americans...
The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...
The Ugly: A family of 6 dies in LA in a murder-suicide ...
What does this say?
Indeed, what an ironic day... we have two headline news items concerning Indian Americans...
The Good: A 35 year old Indian American is tapped to head the $700B bailout fund...
The Ugly: A family of 6 dies in LA in a murder-suicide ...
What does this say?
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BharatPremi
07-11 05:56 PM
Hi,
My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.
* Can I claim them as dependants on my tax return?
* Has anybody done this successfuly before?
* What is the deduction amount per person/dependant?
* What is the process? I know they will need an ITIN etc.
Regards
Nick
Yes, You can certainly do that. If it would have been Year 2000 it was very simple but now in year 2007 it's bit tedious. I am Trying to explain as under. And this is not a legal advice just an opinion.
Rule:
-----
More than 180 days stay in USA (You will have to prove that) is a MUST condition for getting ITIN. The key is more than 180 days. It does not tell that stay should be continuous.
How to do it?
------------
1) Have US MULTIPLE ENTRY Visitor visa, generally 6 months visa are
granted. But that is 180 days not more than 180 days. No Problem.. Go to
step 2
2) During first stay of 6 months of stay in USA, get Canadian Vistor visa and
send your parents to Canada on the day before the last day of the
first stay.
3) After some days invite your parents back to USA. This will most probably a
another 6 month grant.
4) Do not call IRS for applying ITIN
5) Search for the bank in your area which requires and processes ITIN
application directly with IRS for the application of opening checking/savings
bank account for the people who do not have social security number. Every state and major city has such kind of
banks. Your regular bank may not be autorized by IRS to apply for ITIN on behalf of its
customer.
6) Go to that bank and tell the manager to open a checking account for
Visitor visa holder and from that point onwards bank will take care of.
7) Wait for 15 to 20 days and you will have your Parents ITINs mailed to you.
8) And in next return you will be able to claim them as dependent.
Note: Guys who did in year 2000 around did not have to take this tedious route. So you mayl get both kind of opinions in this forum. If somebody says just apply to IRS tehn that guy probably might have done it in at least 4 years back. But nowadays you may have to do as I worte. Take the advise from your CPA.
My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.
* Can I claim them as dependants on my tax return?
* Has anybody done this successfuly before?
* What is the deduction amount per person/dependant?
* What is the process? I know they will need an ITIN etc.
Regards
Nick
Yes, You can certainly do that. If it would have been Year 2000 it was very simple but now in year 2007 it's bit tedious. I am Trying to explain as under. And this is not a legal advice just an opinion.
Rule:
-----
More than 180 days stay in USA (You will have to prove that) is a MUST condition for getting ITIN. The key is more than 180 days. It does not tell that stay should be continuous.
How to do it?
------------
1) Have US MULTIPLE ENTRY Visitor visa, generally 6 months visa are
granted. But that is 180 days not more than 180 days. No Problem.. Go to
step 2
2) During first stay of 6 months of stay in USA, get Canadian Vistor visa and
send your parents to Canada on the day before the last day of the
first stay.
3) After some days invite your parents back to USA. This will most probably a
another 6 month grant.
4) Do not call IRS for applying ITIN
5) Search for the bank in your area which requires and processes ITIN
application directly with IRS for the application of opening checking/savings
bank account for the people who do not have social security number. Every state and major city has such kind of
banks. Your regular bank may not be autorized by IRS to apply for ITIN on behalf of its
customer.
6) Go to that bank and tell the manager to open a checking account for
Visitor visa holder and from that point onwards bank will take care of.
7) Wait for 15 to 20 days and you will have your Parents ITINs mailed to you.
8) And in next return you will be able to claim them as dependent.
Note: Guys who did in year 2000 around did not have to take this tedious route. So you mayl get both kind of opinions in this forum. If somebody says just apply to IRS tehn that guy probably might have done it in at least 4 years back. But nowadays you may have to do as I worte. Take the advise from your CPA.
pm1010
08-07 04:31 PM
US - 8th year H1 , Approved I-140 , EB3 RIR PD April 2003 waiting for visa numbers.
Canada - I had PR Document (no PR Card in those days) , i am assuming i might have lost the status now. Tired to establish in Canada while working in US during Year 2000, couldn't do it for long.
Coming to Detriot -Windsor , i olny did it for a few weeks , Here's my Exp -
toomuch hassle everyday, extensive questioning in the border, delays and issue with Income /property tax / on both the sides, etc etc..
So i thought for a while and decided it doesn't worth the pain.
Stayed back in the US with a hope to get GC (before i have to get a sponsorship from my US born kid) and never been to canada since then.
Canada - I had PR Document (no PR Card in those days) , i am assuming i might have lost the status now. Tired to establish in Canada while working in US during Year 2000, couldn't do it for long.
Coming to Detriot -Windsor , i olny did it for a few weeks , Here's my Exp -
toomuch hassle everyday, extensive questioning in the border, delays and issue with Income /property tax / on both the sides, etc etc..
So i thought for a while and decided it doesn't worth the pain.
Stayed back in the US with a hope to get GC (before i have to get a sponsorship from my US born kid) and never been to canada since then.
JunRN
02-11 05:12 PM
It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
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