Hello all, my scenario -
Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.
Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.
Thank you
P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!
Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.
Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.
Thank you
P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!
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its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
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Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
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Really? Did they give you that information?
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number
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Jonas - Are you sure you have a EB3 labor? i.e. less than 5 yrs of experience and/or a miniumum BS as opposed to greater than 5 yrs of experience and/or master's or higher (EB2)? If latter than you may file your I-140 under EB2.
EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.
EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
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1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
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... one on the cover letter of LC approval on top left, with job code and other details
and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code
and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code
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This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.
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Carry the following
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
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My Labor has been approved around May 20 2007 and my employer received a letter from DOL stating the same, but the Lawyer says he never got the original Labor certificate. Now I've to file my 140 and 485 together and my lawyer is saying that he'll contact DOL and see what's going on, but he says that we can file 140 and 485 concurrently with the piece of evidence we have (the letter from DOL to my employer saying that my labor has been approved).
Will it be any problem with USCIS if we proceed this way ??
Will it be any problem with USCIS if we proceed this way ??
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I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
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Thanks Jerrome for the quick reply.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
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I am in the same boat...
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!
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You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.
Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
You can not simply say that Infy,TCS/Wipro are nice. Through body shoppers you have an oppertunity to earn more. Through Infy,TCS/Wipro, you would get designation.
Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
You can not simply say that Infy,TCS/Wipro are nice. Through body shoppers you have an oppertunity to earn more. Through Infy,TCS/Wipro, you would get designation.
Yes some have not received CPO...they say they will get a deportation notice soon as a result of not receiving CPO but directly receiving "Approval Notice Sent".
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
USCIS has certainly improved a lot.
