tslee
04-22 12:14 PM
Dear all:
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
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bigboy007
10-09 02:37 AM
Sorry..I have incorrectly named the thread..it suppose to read this way- "Changed Employer (but not informed USCIS), travelling on AP" .
A couple of points : 485 is your property. Its a grey area whether to inform USCIS or not, some advocate it as its a proof and file AC21 and some have different opinion its a personal choice. Regarding using AP I myself dont see an issue. Rest of all are supporting dox. Nice to have supporting documents.
Informing USCIS is nothing but officially filing AC21. Since there are no forms its just a letter indicating AC21.
A couple of points : 485 is your property. Its a grey area whether to inform USCIS or not, some advocate it as its a proof and file AC21 and some have different opinion its a personal choice. Regarding using AP I myself dont see an issue. Rest of all are supporting dox. Nice to have supporting documents.
Informing USCIS is nothing but officially filing AC21. Since there are no forms its just a letter indicating AC21.
vsuri
11-16 08:14 PM
Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
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ajju
09-24 07:38 PM
I believe its a good idea to wait for the RFE since that would be the right way to go about this.
When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
more...
ss1026
06-23 01:57 AM
From the horse's mouth
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
pd052009
01-07 09:43 AM
The bill can only be in news and considering current political situation, it won't be passed.
more...
njboy
03-13 10:21 AM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
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pappu
12-13 04:20 PM
Good Idea.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
more...
a_yaja
11-21 02:10 PM
Hello, I have a question I hope someone is able to answer :)
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
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waitin_toolong
07-18 01:34 PM
your wife is fine, with H1 transfer there is no need to file H4 transfer. She is not out of status.
If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.
And no issues with filing I-485
If she had presented the new H1 approval she would have got I-94 based on that date. So just apply for her H4 extension now.
And no issues with filing I-485
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chinna2003
05-14 11:01 PM
I have EAD through my wifes employment under Eb3 category with a PD 2005. we are expecting a baby in september, so
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
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wandmaker
08-24 05:08 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status
BTW, I am not an attorney.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status
BTW, I am not an attorney.
more...
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unchew
06-06 11:52 PM
Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.
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raysaikat
12-05 06:02 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
more...
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immigrationvoiceuser
09-08 12:15 AM
We just got the FP notice and need to get it done in a city more 100 miles away. Will most of the FP office open on Saturday?
Thanks a lot!
Thanks a lot!
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immigrationaccount
08-14 11:53 PM
Thank you for the response dentist1.
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
I am not sure on how to interpret LUD, here is the summary
1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
3. My son's RFE response acknowledgement dated July/2009.
Please help me to figure out LUD for our applications.
Thanks
more...
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samuel5028
04-26 03:04 AM
Hi ,
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
If you're confident, you always have a change to get cleared everything.
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
If you're confident, you always have a change to get cleared everything.
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nozerd
02-24 01:08 PM
My wife graduated in December from an ADN program in the US. She passed her NCLEX last month and has been working as an RN since then. She is working on an EAD based on my 485 application.
I believe a GNM and B'sc (Nursing) will both work in the US (From my reading only 1 state South Dakota exclusively requires BSN), but for foreign qualified nurses in addition to the education they require minimum 1 yr clinical care experience before sitting for the exam. They also will need to be qualified as RN's by their respective state nursing board or counsil in India.
You should post your questions on this forum. It is very informative on various aspects of the Nursing profession
http://allnurses.com/international-nursing/
Best of luck.
I believe a GNM and B'sc (Nursing) will both work in the US (From my reading only 1 state South Dakota exclusively requires BSN), but for foreign qualified nurses in addition to the education they require minimum 1 yr clinical care experience before sitting for the exam. They also will need to be qualified as RN's by their respective state nursing board or counsil in India.
You should post your questions on this forum. It is very informative on various aspects of the Nursing profession
http://allnurses.com/international-nursing/
Best of luck.
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prioritydate
08-18 04:58 PM
What is your Receive Date? Priority Date?
fromnaija
09-09 10:18 AM
If you are in the process of applying for H1 through another employer, you may be safe. As with everything USCIS, H1 revocation takes couple of months before it is approved. So in the interim you may get your new H1 approved before the previous employer's revocation sails through.
go_guy123
10-08 10:29 AM
Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).