ramaonline
11-21 02:56 PM
Could you be a little specific?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?
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meg_z
08-14 02:54 PM
Any cuban sets foot on US land is allowed to stay legally.
This is wierd.
so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
Wow, this goes to show how powerful the cuban lobby is!!
With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!
This is wierd.
so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
Wow, this goes to show how powerful the cuban lobby is!!
With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!
thamizhan
07-18 10:15 AM
Any information about returned applicantion filed for July ?
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gconmymind
08-27 05:21 PM
I think you will not be able to apply for Visa renewal. You will be applying for H1 stamp for the first time hence it is a new visa applicaiton. this is per my understanding, please check with your lawyer. You can also send an email to the consulate (email address on VFS website). They will answer withing 3 business days...Goodluck
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
more...
NNReddy
08-25 09:05 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
kshitijnt
10-07 02:50 PM
So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?
This is really frustrating to see how some states target (segregate?) the legal immigrants.
Until someone sues nothing is going to happen. Most americans are scared of only one thing, lawsuit.
This is really frustrating to see how some states target (segregate?) the legal immigrants.
Until someone sues nothing is going to happen. Most americans are scared of only one thing, lawsuit.
more...
keepwalking
05-21 12:22 PM
Thank you very much for your prompt reply.
Please let know if you took infopass appointment or help from Congressmen to push for your wife's I485 processing
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
Please let know if you took infopass appointment or help from Congressmen to push for your wife's I485 processing
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
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485Mbe4001
05-20 01:58 PM
Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
more...
neerajkandhari
06-04 07:47 AM
CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.
I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2
please Advice
I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2
please Advice
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vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
more...
paskal
11-09 05:42 PM
[QUOTE=BharatPremi;193944]:D:D:D I'm sure writing skills can right away be determined from it. Analytical skills, yes... But my career resume would not say how skillful I was dealing with local BJP/Congress/Bahujan Samajwadi corporators or local district magistrates while I was in India:D
QUOTE]
unless you add that stuff..yeah we will not know...feel free to add it though...sounds like you are a senator in waiting...if only retrogression could end :D
the media group: handles all media contacts, they get interview requests and story requests and help farm them out to the right people, also help train people to stick to a crisp clear message before their own media contacts.....
QUOTE]
unless you add that stuff..yeah we will not know...feel free to add it though...sounds like you are a senator in waiting...if only retrogression could end :D
the media group: handles all media contacts, they get interview requests and story requests and help farm them out to the right people, also help train people to stick to a crisp clear message before their own media contacts.....
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iheartindia79
05-14 03:40 AM
I am e-filing for EAD renewal.
Are the following options correct for :
1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"
Same for
2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"
and for Eligibility Status: "(c)(9) Filed I-485"
Please someone who filed EAD renewal.
Are the following options correct for :
1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"
Same for
2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"
and for Eligibility Status: "(c)(9) Filed I-485"
Please someone who filed EAD renewal.
more...
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joydiptac
05-14 03:56 PM
My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.
How many more innocents will become victims for the crime they have not committed?
Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
Their future cannot wait for your petty political gains.
How many more innocents will become victims for the crime they have not committed?
Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
Their future cannot wait for your petty political gains.
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desiin_va
01-14 10:17 PM
To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.
Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.
Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.
more...
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dvb123
11-21 11:06 AM
[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61
Cuban Family Reunification Parole Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.
DATES: This Notice is effective November 21, 2007.
FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.
SUPPLEMENTARY INFORMATION:
I. Background
In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.
Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.
II. The CFRP Program
Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.
III. Participation in the CFRP Program
USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.
Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]
BILLING CODE 4410-10-P
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61
Cuban Family Reunification Parole Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.
DATES: This Notice is effective November 21, 2007.
FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.
SUPPLEMENTARY INFORMATION:
I. Background
In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.
Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.
II. The CFRP Program
Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.
III. Participation in the CFRP Program
USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.
Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]
BILLING CODE 4410-10-P
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coolmanasip
06-04 11:21 AM
I think the vote is at the end of this week......may be on Thursday or Friday......
Manasi
Manasi
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gimme Green!!
07-04 10:26 PM
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)
Good luck!!
Good Luck.
Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)
Good luck!!
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lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
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caond
05-07 11:29 AM
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
immilaw
09-27 09:00 AM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
gc_dedo
03-30 04:42 PM
I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
It makes a difference for people who are porting from EB3 to EB2
It makes a difference for people who are porting from EB3 to EB2
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