Wednesday, June 15, 2011

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  • number30
    09-23 12:14 PM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I got my company attorney's office to reply to the school that she is in the country lawfully and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!

    Did you ask them what are those acceptable documents?





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  • sixburgh
    06-28 03:44 PM
    I am one of the July 2007 485 filer.
    Me and wife have EAD's which we are using right now on I-9's to work.

    I have an expired H1 stamp on passport.
    Wife too has expired H4 stamp on passport.
    I have a valid h1b approval notice until 5/31/2013
    Wife too has a valid h4 approval notice until 5/31/2013

    I have an AP which is valid for 1 year from today.

    I want to visit India for a marriage.

    Questions I have:
    - While exiting USA, do they take my I-94 ?
    - While coming back, if I show my AP, does my H1 status cancels out?
    - Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
    - Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
    - Entering back on h1, will keep my wife's H4 valid too.

    So question is should I enter back on H1 or AP?





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  • gotgc?
    09-17 11:48 AM
    Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.

    You should relax, in other words.

    That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).

    Good Luck to you.


    *** Not a legal advise ***

    Thanks a lot for all your responses...i am optimistic now...hope they keep my AOS pending as I am from EB3-India, I may not get a chance to refile I-485 with my 2006 PD in the next 20 years....once again, thanks to you all...





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  • andy garcia
    10-06 08:01 AM
    That's what I'm talking about ! :cool:


    I am ready to apply for the 9th time this year:rolleyes:



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  • lazycis
    12-27 04:53 PM
    Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?

    You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.





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  • lostinbeta
    10-21 01:32 AM
    I was thinking more of tucked in between the leaves and the symbols in the lower right hand corner (but sticking out a bit so it is all showing and not convered by the leaves and symbols).

    It is your image though, so put it wherever you want.

    Suggestion: don't keep it there (I am such a hypocrite sometimes :P )



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  • sri_chicago
    05-14 06:33 PM
    Hi--

    Priority Date : Feb 2006/EB3
    I-140 Approved on Sept 2006
    I-485 filed on 07/02/2007
    Spouse I-485 online status changed to requested additional evidence on May 01,2009.
    As of now either me or my attorney not received RFE letter.

    Please advice how to solve this.





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  • pappu
    05-23 08:27 AM
    This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.

    Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
    Thanks



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  • colorbones
    10-05 01:40 PM
    That's the good or bad news????
    i won this program in 2003. i just got the hand written "adjust status" in my passport from immigration officer but i never got GC from them....:p

    they give you a chance to live here legally and then they try to kick you out.

    now.. i'm an illegal.. in U.S :confused:

    that's why they call lottery :cool:





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  • NKR
    10-09 12:04 PM
    Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below


    http://www.chron.com/disp/story.mpl/front/6047852.html

    Welcome dude, I am from GA and a couple of days ago I applied for H1 renewal in PREMIUM, that is 1K spent just to be able to get my H1 renewal approved before my DL expires this month end.

    Why can't I use EAD?.
    My EAD is getting expired this month end too.

    Why didn't I apply for renewal before?.
    I am early 2004 EB2 I applicant, my date was current and I was expecting GC anytime soon, but I beleive USCIS was busy processing newer application and my PD moved back this month.



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  • makemygc
    07-26 12:29 PM
    Bump
    /\/\/\/\





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  • morchu
    05-11 08:07 AM
    Please check the new fees from the EAD instructions. I see that it is 340.
    The QA just means that you have to keep on paying for EAD.
    Thanks Morchu.
    I will go ahead and will apply EAD with $180/ as filing fee.



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  • karan2004m
    09-15 12:12 AM
    Dude,

    I am planning to travel on AP first time. Can you pls reply:-

    1. What all documents are required apart from AP to re-enter US?
    2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?

    If you can, pls reply..

    Thanks
    K





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  • SunnySurya
    08-21 05:40 PM
    I was born on December 26, 1968, will it be Gemini?
    Are you a gemini? If this is also an yes I will go further to predict more



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  • vandanaverdia
    09-10 12:31 PM
    I think it is a good idea to have T-shirts made available in DC too. This will make it easier for people who haven't had the chance/time to order online, buy them in DC itself. Any thoughts????





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  • krishmunn
    05-25 10:49 AM
    I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

    Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

    everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

    I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
    I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.

    Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !



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  • willigetgc?
    01-27 12:12 PM
    Promoting Visibility

    http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot

    <a href="http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot">Immigration Voice: President's Vision On Immigration &quot;In The Right Direction&quot;</a>

    Members can use this code in their blogs, facebook ..





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  • GCplease
    06-07 02:51 PM
    I have contributed $ 50.00 via paypal (Transaction Id - 1V177239G36459907)

    As always, appreciate your efforts.





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  • maresco10
    04-17 12:06 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??





    pappu
    08-22 08:06 PM
    I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..

    why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...

    Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....

    Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.

    Wrong.
    We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.

    Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!





    ChainReaction
    01-30 08:12 AM
    Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245



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