sweet_jungle
07-27 05:17 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
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abhisam
08-18 03:39 PM
this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
martinvisalaw
07-30 01:13 PM
What new regulations are you referring to?
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sbmallik
06-12 03:57 PM
No, you are not. Please read this (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) link - look out for the question: Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
more...
anwaya
08-31 10:31 AM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
meridiani.planum
07-23 05:34 AM
All,
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.
no one is auto-ordering card production (whatever that means).
lets stick with vdlrao's thread to track Augusts approvals please. no need for another thread for teh same topic.
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.
no one is auto-ordering card production (whatever that means).
lets stick with vdlrao's thread to track Augusts approvals please. no need for another thread for teh same topic.
more...
karan36
11-08 02:59 PM
Approved Asylum in 06. Applied for GC in 07, still pending and received this letter a few days back.
Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."
My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks
Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."
My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks
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shirish
02-21 10:56 AM
I thought one can work only for one employeer while on H1.
more...
rajbgp2002
01-17 12:57 PM
Different service center case number starts with different letters.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
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satishku_2000
08-17 03:57 PM
Don't tell me you got one for this!
http://immigrationvoice.org/forum/showthread.php?t=4478&page=19
There is a possibility in cases of where job requires minimum GPA . 140 adjudicator can always ask petitioner that the benificiary meets all the requirements for the position offered. In substitution cases there is always a possibility of things getting verified in a microscope.
http://immigrationvoice.org/forum/showthread.php?t=4478&page=19
There is a possibility in cases of where job requires minimum GPA . 140 adjudicator can always ask petitioner that the benificiary meets all the requirements for the position offered. In substitution cases there is always a possibility of things getting verified in a microscope.
more...
bestofall
03-14 08:57 PM
You deserve good Appreciation from rest of the members for taking the lead, I Wish you success
Go IV !
Go IV !
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eilsoe
10-20 03:22 PM
Just think of it as 2 pictures, each seen thorugh a different eye... there's a left pic, and a right pic...
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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pappu
07-30 11:23 AM
July 29, 2010
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
more...
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desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
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go_guy123
10-08 10:29 AM
Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).
Yes transfer is possible. However your current employer's h1b petition also
needs to be approved (RFEs replied to etc).
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Butters
04-08 05:30 PM
Or the Microsoft Office ones...
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anilsal
01-28 10:59 PM
having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.
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El Hacko
June 12th, 2006, 10:20 PM
I agree with Jliechty...Colorful photo Antoine but less bokeh and focus for all the berries in this one make it a winner. Got to say, the lighting and colors look great!
perm2gc
12-20 06:24 PM
publish:
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
ponnuswamyp
09-09 01:56 AM
I gave FP 2 weeks ahead of the scheduled date. They only checked whether I have a FP notice.
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