glus
09-24 09:11 AM
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 was trying to convince the Director of Intl Affairs that my wife is in the country legally 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!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally 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!
Hi,
I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.
amitjoey
06-09 02:29 PM
One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!
India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!
rajusk
04-16 12:18 PM
PM me...and I can help out
thamizhan
07-12 01:15 PM
I checked with my lawyer and they mentioned, so far they have not received my packet from USCIS.
more...
anandrajesh
02-06 10:35 PM
How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
doubleyou
05-19 01:30 PM
Hi Did anybody else get response as background check and what is there experience
more...
guygeek007
08-06 11:08 AM
I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
redelite
08-25 01:08 PM
+1
I totally agree, I'm running out of ideas.. :-/
I totally agree, I'm running out of ideas.. :-/
more...
paskal
11-09 03:43 PM
What main theme do you expect for probable resume?
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
needGCcool
09-04 10:10 AM
Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
more...
gc_check
01-22 08:11 PM
I used Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) to make my small contribution, it took less than 2 minutes, no account creation required, this site accepts paypal too.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
I also donated a small amount that I can through Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) as well. Also check, some employers also do a matching contribution to this organization or also some other charity organization, You just need to fill a form and fax and they do the rest. So the contribution doubles. Just addition 5 minutes work, but it definitely helps people in need.
https://re.clintonbushhaitifund.org/SSLPage.aspx?pid=3884
I also donated a small amount that I can through Clinton Bush Haiti Fund**|**Home (http://www.clintonbushhaitifund.org) as well. Also check, some employers also do a matching contribution to this organization or also some other charity organization, You just need to fill a form and fax and they do the rest. So the contribution doubles. Just addition 5 minutes work, but it definitely helps people in need.
purgan
07-28 05:44 PM
I would like to participate. Let's see if there are any solutions to the historic backlogs in EB3 IND...
EB3 IND folks, this is your time to join and ask your questions.
EB3 IND folks, this is your time to join and ask your questions.
more...
niceguy
02-22 06:22 PM
For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
mnq1979
10-23 10:36 AM
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
more...
gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
rssm10
06-01 02:37 PM
I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
more...
h1bemployee
06-25 04:18 PM
1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
Pls see my answers under the questions
September 30 2009
2. What was amendment for?
amendment is for change in annual salary
3. Why H-1B amendment was denied?
The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
Pls see my answers under the questions
skd
07-08 11:14 PM
Even I feel very selfish to go ask for their help for a set of relatively well to do, when we know we don't pay taxes in "motherland" Most of us graduated on Goverment Money and not giving anything back.
HumHongeKamiyab
12-17 11:08 AM
Is this family based GC or Employment based?
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
Thanks,
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
ponvas
08-10 05:24 PM
This mustang may be GC or citizen holder already . Want to have fun with people who are crying for help!!!
Karthikthiru
04-05 06:40 PM
http://www.businessweek.com/bwdaily/dnflash/content/apr2007/db20070405_778533.htm?chan=top+news_top+news+index
0 comments:
Post a Comment