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  • svr_76
    11-27 05:16 PM now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....

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  • raysaikat
    03-28 06:53 PM
    Dear All,

    I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

    My questions are as follows:

    Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


    Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

    You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

    If you can get CPT approved by your school, then you can work for the employer during the summer months.

    How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?

    You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

    If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

    If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.

    If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).

    Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

    Thank you very much for your help.

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  • LostInGCProcess
    02-04 06:30 PM
    thx vhd999,

    was it Fedex/UPS envelopes or USPS ones?

    thinking of sending both :-)

    If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.

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  • mariner5555
    04-04 06:59 AM
    o.k is the link D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by postal mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

    anybody with answer to the above ?


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  • raysaikat
    07-17 01:07 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
    Does not matter.

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  • virginia_desi
    02-13 03:08 PM
    I got the following message from USCIS:


    The last processing action taken on your case

    Receipt Number: SRCXXXXX


    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?


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  • lacrossegc
    08-10 07:29 PM
    both you and your wife should be in US to file for AOS

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  • hebron
    08-31 12:47 PM
    Hi H1Girl,
    Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

    Hey H1Girl, kriskris did not use the word "ATTRONEY".

    ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
    ATTRONEY - Word yet to be invented/discovered in english.


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  • satyasaich
    06-26 09:30 PM
    Dear Fellow IVians
    quick update: I received the receipt notices today for EAD Renewal by mail. can't believe it, but truly received for myself and my wife.
    Big question is
    1.Mine is having case number as LIN08801XXXXX which is fine, because my entire GC process since past 5 years is in Nebraska Service Center. I'm the primary applicant
    2.But wife's case number is different, which is NSC08801XXXXX and clearly mentioned in the notice that her case is with national benefits center, Lee's summit MO.( By the way we live in Missouri)
    The entries for "Class requested" is shown as C09 in both cases, which i believe correct.

    Has anybody received like this before? if it's normal, i'm not worried
    If not, any clues about next steps like do i need to call somebody or call Nebraska ??? a bit worried. any help ???????

    Thanks in advance

    Efiling EAD does not cause LUD on I-485. Guess something else.

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  • desi3933
    07-06 12:24 PM
    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?


    From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.

    As per law, it is not permitted to carry over remaining visa numbers either.

    Only a new bill can "claim" visa numbers this way.

    Not a legal advice.


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  • Jerrome
    10-18 05:56 PM
    I have got EAD and AP.I think i would not have got them if the 140 is not filled.

    I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

    I wanted to know is there a way out.

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  • Legal_In_A_Limbo
    01-14 05:12 PM
    I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.

    Assume my husband company doesn't want him to leave.
    Then what you say.

    When you said u had a good relationship does that mean, you talked to your employer before changing jobs.



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  • qualified_trash
    06-01 03:39 PM

    thanks for the same!!
    I will do it. Just to let you know, I am also pushing it at my client site (I work for a consulting firm).
    any meetings planned in DC for this weekend?? I will be in the area and would definitely like to stop by and associate the names with faces :-)


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  • inskrish
    08-22 12:49 AM
    Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)

    I couldn't agree any more.:)


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  • kart2007
    11-18 01:31 PM
    I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.

    Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).

    It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).

    Anyone else having issues?

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  • billu
    05-02 05:23 PM
    There are several things that can save you a bit!
    You can do balance transfer on your credit cards in US every year for the amount you usually save in a year.
    So, say you save 25k in a year, take that much amount in balance transfer on a credit card here for one-time 4% balance transfer fee, transfer it to india and pay it in a year after you saved that much.
    You can also take loan on your existing car for close to 5%.

    I took HDFC home loan in india, and knocked out close to 25k every year from it by doing the above.

    thanks a lot for your response. I do not have a house or a paid off car here. I need atleast 40-50k loan. Could you describe the balance transfer thing a little more? I was under the impression that balance transfer is usually from one credit card debt to another one but I did not know that it works like a cash advance too where you can borrow money. Can I borrow 50k from my CC and payback that amount in 2-3 yrs (with savings) without much interest?thanks again.


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  • anai
    06-20 08:48 AM
    When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.

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  • rockstart
    07-02 03:17 PM
    Have you seen any 2008 case getting approved before 2007.


    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!

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  • glus
    09-28 07:31 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
    The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
    Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
    You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.

    07-05 11:04 AM
    EB2 ROW has never retrogressed.

    It can become unavailable when 140k visas are used for the year

    June 14th, 2005, 08:07 AM
    You can use extension tubes for all lenses on either Nikon or Canon cameras (obviously, on a Canon, they need to have Canon mount, and on a Nikon thye need to be Nikon mount).

    Canon (and/or Nikon) may be using some special conversion signalling in the extension tube to inform the camera of the extension tubes existance. The teleconverters from Canon does this, whilst some other teleconverters of non-Canon brand do not. However, I think the extension tubes are much simpler animals, so they're probably just straight through connection of wires.

    On Nikon, really old lenses are able to work with modern cameras, but some of the automatic functions aren't able to work (obvious things like the autofocus doesn't work on non-AF lenses, and you may not be able to use automatic aperture settings, which also may mean that the camera doesn't know the aperture and can't do automatic time selection either... How much functionality is lost depends on the age of the lens).

    Canon on the other hand made a "big changeover", where they obsoleted the old mount and made a complete new, incompatible one when they introduced autofocus some 20 or so years ago.


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