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  • dixie
    11-07 02:09 PM
    If you have maintained status all along, you have nothing to fear.Since you have an approved H1, you are free to stop taking classes now. However, when you go for visa stamping be prepared with all the documents to show that you have maintained status. You will surely have a few tough questions to answer so be prepared to convince the visa officer of your continued legal status.Also, avoid going to a consulate in a third country like Mexico or Canada. In my opinion, for non-standard cases like yours its safer to get it done in your home country.


    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?




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  • manderson
    08-08 11:32 AM
    damn! i have the same issue. will u pls post the answer when u have it.

    my laywer doesn't know what to put and my employer is not cooperating!




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  • ivvm
    10-07 08:54 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.




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  • Dipika
    11-14 10:41 AM
    thanks for the response ....how long is the response time for such cases....

    You may not need to complain to the DOL. just talk on phone with your previous employer (OR Receptionist whoever...) and say that pay me within a week otherwise i'm going to complaint in DOL. Once he get threat of DOL from you, he will call back to you and pay you immediately.

    I had same experience and i used above way.



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  • jayleno
    04-24 09:41 AM
    Guys,

    A few days back my wife got the same RFE. Except we were asked to sumbit different evidence like joint back account, joint tax filings, joint residency, insurance on which both names are listed etc.

    Looks like its getting very common to request this evidence recently.




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  • ken
    04-09 12:29 PM
    Guru's let me know your thoughts on this..



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  • crystal
    08-14 08:07 PM
    They can study without any issue.They dont need any permission. Universersities allow to study on H4. Only thing is they cannot work like an F1-student.

    Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?

    Any information will be highly appreciated. TIA




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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.



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  • garybanz
    01-14 03:15 PM
    Check your local Library, My Library in Tx holds many networking events and free classes for members to get a good understanding of entrepreneurial tasks.




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  • gckalafda
    03-20 11:28 AM
    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks



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  • sanjeev.mehra@gmail.com
    08-06 09:40 AM
    Thanks for your response.
    God bless U all.




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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).



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  • TeddyKoochu
    01-06 09:49 AM
    All depends on spillover; it�s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.

    I don't know why I received reds for my post, anyways I respect the opinion of members, I understand that everybody is genuinely pained and suffering so it�s really not anger directed at anybody but the current situation in which we are. My humble opinion is that for any significant noteworthy movement the spillover must happen for individuals belonging to retrogressed countries. Spillover does not really harm anybody. I believe that it�s always better to have ones expectation set correctly rather than expect too much and be disappointed on the day the VB is released. The more the queue moves the better for all, CIR or Recapture are the two genuine solutions to alleviate everybody's pain and suffering. Good luck to all.

    I have one observation that the time the Jan VB was released and the inventory report date kind of match up and since no numbers were available there was no change. If we are going to still have the incremental monthly or quarterly allocation for the retrogressed countries we will still see no change or really no significant change. The spillover for now is the anti-biotic or quick fix; it�s really not the cure or the remedy but it will give a great feeling to many who will get greened sooner and hope to others who are behind.




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  • legaleagle
    06-08 11:31 AM
    Dhundhun,
    Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
    Thanks again



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  • ruchigup
    08-28 01:28 PM
    Below is the response I got today in email. For the "additional review" part should I be concerned

    The status of this service request is:

    Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.




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  • sduddukuri
    04-01 02:38 PM
    We went to India and got our visa stamped from chennai. Thank you all for all the help



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  • meridiani.planum
    08-15 09:31 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    the quota is not filled. Try looking for another job and sponsorer asap!




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  • desi chala usa
    06-08 09:23 AM
    Yes - this job description can claim for EB2.

    Make sure you keep ready your educational evaluation which proves that your education is equal to American M.S/M.B.A and your entire experience letters which say you worked for 5+ years for described job duties in case of RFE (You can't claim experience earned with the empolyer which is filing your PERM.)

    Good Luck.




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  • Desertfox
    06-07 06:06 PM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.




    extra_mint
    10-12 08:47 PM
    Question is why make it mandatory ??

    There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!

    I think it is safe to assume that answer is NO

    We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.

    By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)


    http://www.ennislaw.com/gardasil.html


    I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.


    lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
    To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.




    need_EAD
    05-24 11:42 PM
    sent



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