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  • desimass77
    05-11 01:56 PM
    Yes, my school did query with USCIS and got the confirmation that I am at AOS stage. I got AP valied for one year, but I did talk to the school stating that since I am within USA I will not get I-94 as I-94 is given to people who are entering from outside. As my new AP is issued by USCIS it is a valied document.

    My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.

    Good Luck

    Hi desimass77. How do you convince the school that you are qualified?

    My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.

    Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.

    Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?

    I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.

    Please, if anybody successfully convinced school on FAFSA, please share your experience here!





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  • coolpal
    03-20 09:21 AM
    Hi,

    I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(

    I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:

    I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:

    pal :)





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  • sss9i
    08-09 11:35 AM
    What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.

    We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.


    Update from Murthy.com

    USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)





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  • swethanjit
    07-08 09:49 PM
    Hello All,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008?

    Please help. Your guidance is truly appreciated.

    Regards
    Swetha.



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  • ramus
    07-06 10:43 AM
    It is not easy to ask anything we like. Recapturing visa need bill in both house and senate. IV is working hard on many action items. Please start taking part in all action items asap.

    Thanks for your support.


    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?

    Thanks
    Sree





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  • veni001
    01-31 12:02 PM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.

    That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)



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  • Houstonguy
    07-13 10:55 AM
    Signed and forwarded to all known affected friends





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  • sayantan76
    09-24 11:46 AM
    My problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization and path to citizenship, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    The same people who favor legals in such discussions, become anti-legal when they have a chance to do something for legals. Why a simple bill like recapture not introduced by these same people till now?

    Overall Immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lot could have been done till now. We need to hear more action than just talk.
    Pappu - if you were a politician and were taking some actions to benefit future voters in anticipation of creating a vote bank for coming years - would do something for those future voters who when they become eligible use their rational judgement to vote (and hence could vote either way based on issues relevant at that time) or would you rather do something for a group that will vote as a "block" - and therein lies the rationale



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  • Green.Tech
    03-04 06:18 PM
    Is there anything i can do on H4 visa??

    Troll alert!





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  • vasa
    07-13 11:55 PM
    done, it shows 2038 signatures now...

    keep doing this folks.. we need a multi-pronged approach...

    let there be "shock and awe"



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  • Leo07
    09-16 03:39 PM
    Immigration Reform will follow 'Health Care' Bill. But the real hurdle for 'Health Care reform' is inclusion of Illegal Immigrants in the bill. No one can dare say that loud that they want to 'include' illegal immigrants because that will hurt any chances of passing the Health Care bill.

    So, if they start the CIR discussions out in the public, the 'illegal immigrants' turning into 'legal' and hence eligible for 'health care' issue will be the highlight of ALL NEWS channels. That will do damage to health care. I'm sure unless & until health care reform is through, they can't get any details of CIR out to public.( I'm sure CIR includes Amnesty at the least )

    That said, 'Donkeys' are bound to loose in next year mid-term if Obama does not live up to their pre-poll promises. Remember, Hispanics & other minorities are the edge for 'Donkeys' while some independents can weigh in either ways.

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....





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  • yingli
    08-25 02:57 PM
    Thanks you all so much for the reply! I really appreciate it!

    How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

    I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

    I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

    YL



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  • gc_in_30_yrs
    01-22 06:59 PM
    "thank you" looks a small word but it is the only word i have to convey my thanks.

    fighters wont stop fighting until they win.
    we are fighters.





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  • cucubau
    10-17 01:51 PM
    A co-worker and I applied together at exactly the same time.
    We got approvals for LC and I-140 within weeks of each other.
    Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
    FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:

    This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?

    Thanks!



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  • ivar
    04-23 09:29 AM
    I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.


    Hi All,

    Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.

    Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.

    Thanks





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  • amitpan007
    06-21 10:15 AM
    I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.



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  • yingli
    08-23 10:59 PM
    My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

    I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

    Can someone recommend a good lawyer to me? Many thanks!

    YL





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  • GcSTART1
    07-02 04:40 PM
    I don’t know if you already know this but
    follow the link to find how many have been approved based on the receipt date how ever no reference if they are EB2 or EB3 but certainly they are very arbitrary, they are all randomly picked certainly not FIFO


    http://www.immigrationwatch.com/router.jsp?action=mrt&table_name=IMMI_MRT_LINI140&batch_index=1&order_by=rd&total=70





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  • 50cent
    05-02 06:12 PM
    Lou Dobbs is nothing more than fear-peddler with a TV show to rant a about anything that he does'nt agree with.

    Other TV "news" magazine anchors like Bill O'Rielly, Shaun Hannity or even Micheal Savage (on Radio) have helped to create an atmosphere of hatred even against legal immigrants.

    What a shame...we (legal immigrants) have no friends...:( :confused:





    Achi Goro
    11-17 03:25 PM
    Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
    So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

    To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

    ***DISCLAIMER****
    (I am not an attorney, please consult an immigration attorney or use advice at your own risk).



    Thank you for information

    What if I fall on category EB-3 and not from India and China. Can my employer still file it ? This is because the minimum requirement for this job is a Bachelors Degree even though I do have a masters degree.





    sk.aggarwal
    11-06 02:55 PM
    In same context, if I140 is approved with employer A as a future employee. Can present employer use it to extend visa by 3 yrs, w/o going through labor/GC process



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