Canadian_Dream
01-24 05:56 PM
Government dictates the rule for granting F1 non-immigrant visa and eligibility of a school or its programs to admit students under such provisions. When a student is at the school, the school/department has full control on what are the conditions for an international student to be on a valid visa. For example, some schools enforce 9 credit requirements per semester while other requires 12 (so yes school dictates these details) or some have no such requirements such as Kaplan/Language schools etc. There are other details too like duration of completion and criteria for expulsion. In violation of any of these conditions each school can cancel F1 status based on its own rules. Government doesn't dictate on what criteria can a school expel a student and thereby voiding his/her F1 visa status.
As for intent, merely showing an intent is different from actually changing visa status. F1 with a pending AOS is a gray area for precisely the same reason. The best thing an F1 student could do is to complete the course meeting the F1 criteria of possible and/or switch to EAD by formally taking up an employment and filing I-9 which will be same as changing status explicitly.
As for previous non-immigrant status it remains so until one uses EAD regardless of what that status was. There is no ambiguity in it, that's why people obtain EAD and never use it to maintain their previous non-immigrant status. If you maintain a valid F1 status and say your I-485 is denied you are still safe because your F1 status is still valid, it didn't go away just because you showed an intent to immigrate by filing I-485. That's what I was suggesting to original poster, if for some reason you prefer to maintain non-immigrant status you should keep either F1 or H4 whichever is convenient to you.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
As for intent, merely showing an intent is different from actually changing visa status. F1 with a pending AOS is a gray area for precisely the same reason. The best thing an F1 student could do is to complete the course meeting the F1 criteria of possible and/or switch to EAD by formally taking up an employment and filing I-9 which will be same as changing status explicitly.
As for previous non-immigrant status it remains so until one uses EAD regardless of what that status was. There is no ambiguity in it, that's why people obtain EAD and never use it to maintain their previous non-immigrant status. If you maintain a valid F1 status and say your I-485 is denied you are still safe because your F1 status is still valid, it didn't go away just because you showed an intent to immigrate by filing I-485. That's what I was suggesting to original poster, if for some reason you prefer to maintain non-immigrant status you should keep either F1 or H4 whichever is convenient to you.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
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lostinbeta
12-30 12:03 PM
Soul.... you gotta win this one, I love your entry.
Oh yeah: I want to go on record as a cheap attempt here and say that this is only my 2nd pixel art attempt. But that doesn't matter because Souls entry makes me want to pass out and die, it is so great!
Oh yeah: I want to go on record as a cheap attempt here and say that this is only my 2nd pixel art attempt. But that doesn't matter because Souls entry makes me want to pass out and die, it is so great!
bhatt
04-16 11:33 PM
Just want to share the info that I have received the Permanent residency approval notice Y'day.
Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.
Have been here in us for more than 10 years. No more h1b renewals/ stamping, DL renewal issues/ EAD issues etc etc.
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kedar_007
11-07 01:37 PM
Folks. I am planning for India vacation this winter.
I have a quick question. Please let me know your opinions.
My H1B stamp expired a few yrs back. I have an approved I797 valid till April 2008. Can I travel on this AP and come back and be on H1B? Do I have to use EAD(once I come back from India) if I use AP?
I have a quick question. Please let me know your opinions.
My H1B stamp expired a few yrs back. I have an approved I797 valid till April 2008. Can I travel on this AP and come back and be on H1B? Do I have to use EAD(once I come back from India) if I use AP?
more...
Ramba
01-10 06:27 PM
If he stayed for 180 days and used AC21 then AC21 WILL protect this person
Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.
Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.
Here is the part of memo
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.
Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.
Here is the part of memo
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
rk07
09-21 01:42 PM
I also filed on July 20 at NSC. No checks cashed and no receipts, of course.
When I called the customer service #, they said it could take up to 3 months.
Any explanation for what is going on?
Don't know what'z going on...
Looks like NSC is processing August 1st week. TSC is processing July 26th and 27th cases and CSC is processing July 23rd and 24th.
Only God has help us.
Thanks,
-rk.
When I called the customer service #, they said it could take up to 3 months.
Any explanation for what is going on?
Don't know what'z going on...
Looks like NSC is processing August 1st week. TSC is processing July 26th and 27th cases and CSC is processing July 23rd and 24th.
Only God has help us.
Thanks,
-rk.
more...
gchopes
07-19 09:47 AM
GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.
Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?
Thanks,
gchopes
Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?
Thanks,
gchopes
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moh19
01-10 10:45 PM
I live in chicago as well. I missed the call. Are there any meeting minutes?. Will we set another call in the near future?
more...
LostInGCProcess
05-05 02:44 AM
Update:
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
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rimzhim
02-08 08:35 PM
rimzhim,
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I was not around when berekeleybee was here. I joined this forum recently because my old lawyer kept telling me the dates will move and I was not aware of the seriousness. anyway, looks like what this person berekelybee says is true, and that is not nice news.
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I was not around when berekeleybee was here. I joined this forum recently because my old lawyer kept telling me the dates will move and I was not aware of the seriousness. anyway, looks like what this person berekelybee says is true, and that is not nice news.
more...
EdenMN
05-24 12:35 PM
Fax 15 sent
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pd_recapturing
03-16 02:14 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
Teli,
Which line of my post suggests that I am advertising for him? If someone posts a link from a news paper, does it mean that he/she is advertising for the news paper. I just found it on his website and found it relevant for us so I posted it. For your information, I am not his client.
Teli,
Which line of my post suggests that I am advertising for him? If someone posts a link from a news paper, does it mean that he/she is advertising for the news paper. I just found it on his website and found it relevant for us so I posted it. For your information, I am not his client.
more...
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Jai_MD
11-20 09:11 AM
how about anyone having
A. Masters Degree+3 Yrs US Experience+Permanent Job=Apply for GC
B. Bachelors Degree + 5 Yrs US Experience+Permanent Job=Apply for GC
Get Rid of this country limit.
Intel's CEO once rightly said that,US has to become mean as to who they want in this country, A person right off the boat(Asylee,GC-Lottery etc) OR a US trained and educated individual contributing directly to the economic system.
A. Masters Degree+3 Yrs US Experience+Permanent Job=Apply for GC
B. Bachelors Degree + 5 Yrs US Experience+Permanent Job=Apply for GC
Get Rid of this country limit.
Intel's CEO once rightly said that,US has to become mean as to who they want in this country, A person right off the boat(Asylee,GC-Lottery etc) OR a US trained and educated individual contributing directly to the economic system.
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patiently_waiting
09-10 07:24 PM
It is so pathetic that there are so much people waiting in EB3-I category.
This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?
it is only karma.
This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?
it is only karma.
more...
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cool_desi_gc
10-18 11:07 AM
YouTube - Barack Obama celebrates Diwali in White House (http://www.youtube.com/watch?v=jsJUy_ZMYuY)
White house celebrates diwali
White house celebrates diwali
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jonty_11
12-14 03:50 PM
For people thinking canada, or H1 b with children, what should I tell them.
Go to canada no job, will not be able to keep familiy there. Don't tell me people are not able to find a job in US in this market.
It is up to people to think of Canada or india. India is faaaaar better.
More jobs, very well paying.. own house and family..
I like that jonty more than 6 months..
People have stayed years and not found a sensible job in canada.
Please read carefully the context of the 6 months I had mentioned...it was not for staying in Canada...but regarding police certificates for Can PR application froM Singapore
Go to canada no job, will not be able to keep familiy there. Don't tell me people are not able to find a job in US in this market.
It is up to people to think of Canada or india. India is faaaaar better.
More jobs, very well paying.. own house and family..
I like that jonty more than 6 months..
People have stayed years and not found a sensible job in canada.
Please read carefully the context of the 6 months I had mentioned...it was not for staying in Canada...but regarding police certificates for Can PR application froM Singapore
more...
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eb3retro
09-23 10:46 PM
Centre: Nebraska
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
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reachinus
12-19 03:31 PM
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Ans: I think it will be rejected, since the 140 has been revoked.
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Ans: Not sure if this is ture. There are so many people who filed in EB2 as well as EB3. Hope it will and should not be a problem. If possible do stick on to the old PD since with a 2003 LC u can get the GC 2 to 3 years earlier that the 2006. Its worth taking a risk I suppose. If the company can prove Ability to pay and your qualification matches that of the LC, then it should be ok. There is no point of withdrawing the old one.
The other option is the file the new 140 and after the approval then interfile 485 with the new and then have the old one withdrawn. If you withdraw the 140 then you will have to wait for a long long time to file ur 485 with 2006pd.
This is just my opinion. Use it at your own risk.
Ans: I think it will be rejected, since the 140 has been revoked.
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Ans: Not sure if this is ture. There are so many people who filed in EB2 as well as EB3. Hope it will and should not be a problem. If possible do stick on to the old PD since with a 2003 LC u can get the GC 2 to 3 years earlier that the 2006. Its worth taking a risk I suppose. If the company can prove Ability to pay and your qualification matches that of the LC, then it should be ok. There is no point of withdrawing the old one.
The other option is the file the new 140 and after the approval then interfile 485 with the new and then have the old one withdrawn. If you withdraw the 140 then you will have to wait for a long long time to file ur 485 with 2006pd.
This is just my opinion. Use it at your own risk.
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GCapplicant
06-19 03:03 PM
Guys and Gals,
I decided to go with my credit union and called them this morning to lock the rates. I just received some disclosures and rate lock agreement, when I was reading it, there was a section where it asks "Are you a U.S citizen?", loan office assumed that I'm a citizen and checked the box.
I understand that I should tell them the truth, but wondering if that may increase my interest rates. Please share your experience or advice you may have for me.
H1B - Valid till 2011
EAD - Expires on Sept 08 (will be renewing it soon).
You have to inform that you are in H1 ...Mention to them that you are processing your green card.I own my home for the past 4 years.At first she was hesistant and later she did work out great rates for me.Actually it does not matter.
I decided to go with my credit union and called them this morning to lock the rates. I just received some disclosures and rate lock agreement, when I was reading it, there was a section where it asks "Are you a U.S citizen?", loan office assumed that I'm a citizen and checked the box.
I understand that I should tell them the truth, but wondering if that may increase my interest rates. Please share your experience or advice you may have for me.
H1B - Valid till 2011
EAD - Expires on Sept 08 (will be renewing it soon).
You have to inform that you are in H1 ...Mention to them that you are processing your green card.I own my home for the past 4 years.At first she was hesistant and later she did work out great rates for me.Actually it does not matter.
spicy_guy
03-31 12:18 PM
Done. Nice work!
a_yaja
09-18 06:27 PM
I have EAD for couple of years & when I moved to Ohio, I was issued 4 years DL. They did look at I-94 (I travelled on AP having one year validaty on I-94), also they DID NOT looked at my EAD expiry date..They asked very simple question - Do you have your SSN? Thats it..!
C'mon...Guys, come to Ohio..you will get DL for 4 years..
Where did you get your DL renewed for 4 yrs? Mine was renewed only till my I-94 validity period.
C'mon...Guys, come to Ohio..you will get DL for 4 years..
Where did you get your DL renewed for 4 yrs? Mine was renewed only till my I-94 validity period.
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