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  • raysaikat
    09-05 05:00 PM
    What is the reason your university cited for their position that you might be violating J status? Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status. On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.





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  • mgakhar
    03-06 10:21 AM
    Well I managed to reschedule my travel so now will be able to get my FP done.

    Other than AP, EAD, Passport, I-797 and ofcourse the FP notice, is any other document that I need to take?

    Manish.





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  • GC_SUCK
    08-14 10:04 AM
    I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.

    I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments





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  • pappu
    10-26 02:05 PM
    Please check the following threads-- http://immigrationvoice.org/forum/forum106-non-immigrant-visa/25402-h1-and-h4-stamping-india-travel.html

    http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html

    Please also help everyone by adding useful information on this wiki page ---

    http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries



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  • DianaSteve
    12-13 12:02 PM
    My I140 is showing up online now.





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  • a_yaja
    10-11 05:02 PM
    hi ,

    Here is my situation.

    (employer) -> (middle vendor ) -> prime vendor -> (End client ).

    I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

    is there any way that he can even do this ?

    - Thanks in advance.

    Is he threatening to sue you or your employer? If it is your employer, then it is really not your problem. Depending on the way the contract was worded between your employer and the "middle vendor", the "middle vendor" may have grounds to go after your employer. But like I said before, it has nothing to do with you.

    As others have mentioned in this forum, the "middle vendor" cannot go after you as there is no contract between you and the "middle vendor". Even if there was, it would hardly stand in a court of law.



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  • prabhu07
    05-21 11:44 AM
    @gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.

    @surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)





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  • daramesh
    10-07 12:49 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.


    waitintoolong, but the question is
    " "Are you applying for same visa class that expired in the last 12 months?"

    he is talking about VISA STAMP not the status. are you sure about answering YES if my visa stamp had expired more than 12 months back but my status is valid?

    my visa stamp expired in 2005 itself. I extended my status till 2008. so my answer is should be NO right? (although I wish I could say YES, because first time H1 applicants are having difficulty getting appointments)

    can you or someone else confirm the answer? has anyone asked VFS/consulate about this?

    thanks



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  • letstalklc
    09-04 04:14 PM
    I have applied for extension in June this year and got approved (July itself) for 3 years without any RFE based on I-140 approval.....





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  • ash0210
    11-18 03:52 PM
    logiclife, thats the "trap" (& excuse) I am trying to break by providing some solution in my earlier mail...

    Is "immigration" process a "Rocket" science?

    When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?

    Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...

    What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!

    Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?

    Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..

    Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!


    The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.

    USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.

    So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.

    As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.



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  • sidd_k2002
    03-24 07:48 PM
    If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....
    Roseball,
    This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
    Thanks in advance.





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  • banta4u
    07-13 04:23 PM
    Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...

    Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...

    http://blogs.ilw.com/gregsiskind/
    >>>>>>>>>>>>

    BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
    I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.

    Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.

    An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.

    I'll update you as I learn more.



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  • ajju
    02-28 01:33 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

    Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

    Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

    But you must check with lawyer...





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  • danu2007
    09-26 07:35 PM
    Congrats!!!



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  • s_r_e_e
    10-28 10:01 AM
    see signature





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  • sunny1000
    06-06 07:09 PM
    I heard I-140 premium processing has been restarted. Is it true?

    Where did you hear this? Can you please let us in on your source(s)?



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  • pappu
    07-16 10:12 PM
    In that case you will have to file I970 (I485+I485) :)

    Not a good idea. I had researched this to great lengths and posted it. Check the archives before starting new threads on the same topic.





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  • Jaime
    09-12 02:20 PM
    Real Life :

    A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
    He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
    Both husband and wife are well on thier way to permanent residency in UK.

    Doubly bad for the United States!!!





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  • seaken75
    07-18 12:55 AM
    What kind of RFE besides the letter from the OBG doctor?


    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be





    webm
    12-15 04:35 PM
    I had filed for my 485 during the July 2007 time frame .
    PD - July 2006.

    I got my FP notice and got the FP notice stamped in FEB 2008
    The stamp reads


    Biometrics Processing Stamp
    ASC Side Code: __________XTESANJOSE
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)

    Does this mean that I have security clearance ?
    Basically, what does the stamping mean ?

    Thanks in Advance !!

    When did your last FP was done?? is that in Feb'08??





    number30
    10-31 12:09 AM
    Can Some one on EAD claim Earned Income credit?