franklin
06-14 08:04 PM
I was told that as long as your priority date is current, you can file for AOS.
As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application
As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application
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trueguy
08-11 10:06 AM
please add year 05, 06, 07 and 08 too.
HOW??????????
HOW??????????
bkam
02-14 03:19 AM
sundar99,
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
I believe that everyone who reads this forum should move a bit his/her bottom and send a customized letter using the above template. This is the least everyone of us can do to support the efforts of the volunteers of this forum.
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
I believe that everyone who reads this forum should move a bit his/her bottom and send a customized letter using the above template. This is the least everyone of us can do to support the efforts of the volunteers of this forum.
2011 American Eagle Relaxed Flannel
immigrationbond007
07-04 06:26 PM
Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
I am from Bosnia, so yes I guess it's ROW (rest of the world).
I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.
more...
katrina
05-31 01:05 PM
You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
raysaikat
05-07 09:27 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
Looks like the determining point is whether it is a "transfer" of a "new program". Since you are going from "student" to "post-doc", the safer interpretation is that it is a "new program". But you may try to argue that it a "transfer". Read the corresponding CFR's -- they are reasonably clear (google will give you the texts). For instance, this is what is "transfer":
TITLE 22--FOREIGN RELATIONS
CHAPTER V--UNITED STATES INFORMATION AGENCY
PART 514--EXCHANGE VISITOR PROGRAM--Table of Contents
Subpart C--Status of Exchange Visitors
Sec. 514.42 Transfer of program.
(a) Program sponsors may, pursuant to the provisions set forth in
this section, permit an exchange visitor to transfer from one designated
program to another designated program.
(b) The responsible officer of the program to which the exchange
visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program
eligibility;
(2) Execute the Form IAP-66; and
(3) Secure the written release of the current sponsor.
(c) Upon return of the completed Form IAP-66, the responsible
officer of the program to which the exchange visitor has transferred
shall provide:
(1) The exchange visitor his or her copy of the Form IAP-66; and
(2) A notification copy of such form to the Agency.
more...
aamchimumbai
09-02 01:46 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.
As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Thanks in advance for all your responses.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.
As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Thanks in advance for all your responses.
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gconmymind
08-14 12:58 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
more...
ronhira
04-28 10:31 AM
we r coming to a full circle here..... over 90% americans also supported & practiced slavery back in 1786...... the declaration of independence was agreed by all americans and it said - "We hold these truths to be self-evident, that all men are created equal.... but over 90% americans supported slavery which wasthe biggest mockery of what everyone believed..... it just proves that just becoz majority of the people support something doesn't make it right or doesn't make it just.... in the end this nation had to go in for a civil war between the north & the south to end slavery.....
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.
Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)
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CantLeaveAmerica
04-16 02:06 PM
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
Hi,
I used to live in Dallas, TX before. Flower Mound is an excellent place, great school district if u have kids, lovely houses and residential community, close to both DFW airport and Grapevine Mills Mall...u couldnt ask for a better place!
Hi,
I used to live in Dallas, TX before. Flower Mound is an excellent place, great school district if u have kids, lovely houses and residential community, close to both DFW airport and Grapevine Mills Mall...u couldnt ask for a better place!
more...
xbohdpukc
03-14 04:27 PM
If i140 is revoke by earlier employer , will it possible to port PD to new employer?.
No
No
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naveenarjun
06-04 10:39 AM
If this is old then why did i see it on THOMAS as
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
more...
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sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
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yabadaba
08-14 12:27 PM
yes u are
more...
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mannan74
08-27 06:02 PM
The answer is right there for you
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
The following applicants do NOT qualify for appointments in the visa renewal category:
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
You came on F1 and now want to get stamping based on H1, Ditto for your wife.
So not sure what your question is?
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axp817
06-16 12:21 PM
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
And that caused a denial? Wow.
Anyway, IV might be able to help. Please consider participating in this action item.
http://immigrationvoice.org/forum/showthread.php?p=354157#post354157
more...
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LostInGCProcess
06-17 04:04 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
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saketkapur
10-09 07:56 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
CA is now issuing lisences only until you can show the proof of residency...in my case it was the H1B stamp. Also it took them 3 months to renew my lisence...another reason to keep my H1B and not move onto EAD.
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Munna Bhai
08-23 12:04 PM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
anilsal
01-18 04:49 PM
People need to wake up to reality.
newlife2
09-19 10:40 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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