glus
01-04 02:07 PM
Hello,
First, your international student adviser, should have notified you that your I-20 was about to expire. This is what USCIS requires them to do. Actually the SEVIS system automatically notifies IS advisers about I-20 expiring. Now, having said that, no, you cannot work. You need to apply for reinstatement and wait until it gets approved. Reinstatement into F-1 are very difficult as you need to show that you fell out of status because of circumstances beyond your control. You will probably need to argue that your adviser had failed to notify you and that you kept attending school and it was only a few days of out of status.
First, your international student adviser, should have notified you that your I-20 was about to expire. This is what USCIS requires them to do. Actually the SEVIS system automatically notifies IS advisers about I-20 expiring. Now, having said that, no, you cannot work. You need to apply for reinstatement and wait until it gets approved. Reinstatement into F-1 are very difficult as you need to show that you fell out of status because of circumstances beyond your control. You will probably need to argue that your adviser had failed to notify you and that you kept attending school and it was only a few days of out of status.
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gkaplan
05-17 01:08 PM
thanks for the quick response.
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
mp70
07-01 03:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
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pscdk
08-05 08:15 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
more...
DallasBlue
07-31 08:23 PM
http://immigrationvoice.org/forum/showthread.php?p=102776
Washington Evaluation Services (Washington Evaluation Service)
210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
Phone: (202) 543-2595
Contact Name:Terry Erb
you can also try:
Trustforte ( www.trustforte.com)
good luck
--disclaimer: just personal view, do your research.
Washington Evaluation Services (Washington Evaluation Service)
210 Justice Ct Ne, Washington, DC 20002-5755, United States (Map) (Add Company Info)
Phone: (202) 543-2595
Contact Name:Terry Erb
you can also try:
Trustforte ( www.trustforte.com)
good luck
--disclaimer: just personal view, do your research.
gcformeornot
08-08 09:59 AM
^^^^^^^^^bump^^^^^^^^^
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ciber.couger
07-15 12:08 PM
my wife, my 2 years old son, and I will be there. We will do anything to get this thing going:)
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StuckInTheMuck
08-03 02:05 PM
Shameful, yes, but inevitable, because corruption feeds on desperation. Greg Siskind (following the original link) is not sure if there is a trend here, but it seems to me in recent years there is a perceptible shift in the occupation of these fraudsters, moving upscale from small-time crooks to the ringmasters who are supposed to help enforce immigration laws.
more...
seahawks
03-02 09:17 AM
only if termination is initiated by the employer, not employee. If you resign, the company is not required to provide you the one way ticket to your home country.
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vinzak
10-05 09:42 PM
So a question that's worth pondering. If I am on 485/EAD without H1b, does this mean I have the right to work but not the right to stay in the US?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
more...
tabletpc
08-23 03:39 PM
"Well, thankfully, you are EB2 so you won't have to wait long.
"..
the wait is not less than 2 year....
"..
the wait is not less than 2 year....
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lazycis
01-26 07:51 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
more...
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flash.stoffer
08-07 06:14 AM
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boston_gc
01-26 06:30 PM
I am in the same situation. I am on my 8th year of H1 and this is for the first time I am have heard so much hoopla that has made me real nervous. My lawyer has advised me against taking any risk. I already have the tickets but I am planning to postpone, apply for EAD and only then go to India.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
more...
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krrishpatel
09-02 02:30 AM
Hi,
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
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agiridhar
05-14 06:36 PM
Got it !! was thinking uscis is an independent entitiy outside government, but it is not, is what it is ?
still curious, what are those "someother" laws ?
Any how, and with today's visa bulliten nobody would be intrested in this lawsuit thot.... anyways congratulations to all those who have crossed this milestone
still curious, what are those "someother" laws ?
Any how, and with today's visa bulliten nobody would be intrested in this lawsuit thot.... anyways congratulations to all those who have crossed this milestone
more...
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bkarnik
06-25 05:14 PM
Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.
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ronhira
08-02 09:45 PM
http://www.youtube.com/watch?v=4iMU-y2PNlo&NR=1#t=1m50s
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crystal
07-12 11:56 PM
Don not open multiple threads for the same post.Please
ajju
09-24 07:38 PM
I believe its a good idea to wait for the RFE since that would be the right way to go about this.
When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
When USCIS issued FAQ that they'll accept the applications without medical forms.. they did replied to it.. Check for USCIS FAQ # 1 (http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf)
Q13: Can applications be filed without a required medical examination report?
A13. Yes. Consistent with its current regulations and practice, USCIS will accept adjustment of applications filed pursuant to Visa Bulletin No. 107 without a completed medical examination. In such cases, USCIS will issue a request for evidence.
ranand00
06-17 10:51 AM
Hi
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
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