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irrational

04-04 03:59 PM

Use the key combo above and try calling and verifying your address with the IO.

They might be able to change it directly on file.

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How did you know that your FP notices were sent back ?

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nit_sea

01-04 01:14 PM

Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .

My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

Here is the timeline

Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .

Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

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MSCapBust

07-19 12:02 PM

I'm doing an internship on CPT.
I will be out of school at the end of August.

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dummgelauft

10-05 01:36 AM

:p...I loved that you just gave a name....and then the choice of the name is just hilarious ! (not that it may not be a true name...but still!!!)

I am a law abiding up-standing Citizen of that country, and that stupid lady was asking me why am I going there. This is like asking somebody why they are going to their house. So, I just gave her a name...now that I look back, I should have said "Mr. Johnny Walker"..since I always pick up a Johnny Walker at the duty free!!..but Dhurandhar Bhadvadekar sounded much more cool...

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dpp

06-28 02:52 PM

Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right


Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.

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bbct

02-11 09:17 PM

A good article supporting a sensible plan.

One minor correction however.

"Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."

The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.

There was a contact number to the right on this article
http://www.thedegreepeople.com/press-releases/a-proposed-solution-to-the-american-mortgage-crisis/

I called them and asked if they can correct the number to $16 billion. Hopefully they will do it!

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gcisadawg

03-09 07:21 PM

My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.

My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.

Based on my experience, I would recommend the following:

1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)

2. If option 1 does not work, try to go through your local congressman.

Hope this helps. All the best.


My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?

-G

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sobers

07-26 12:07 PM

I hope the powers-to-be realize there is little floor time left before November and consider attaching relief to existing legislative vehicles...

http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/072606/news1.html


As the number of legislative days before the November election slip away, GOP lawmakers in competitive seats are trying to make their legislative mark.

The schedule is even tighter for the many members seeking consideration of their bills on the floor before members leave for the August recess. Boehner himself expressed frustration yesterday about members who have pleaded with him to bring their bills to the floor this week.

�Everybody wants their bill up this week,� the majority leader said during his weekly off-camera press briefing yesterday. �It is as if we were never coming back. There are only so many hours in a day and only a few days in this week to consider all of these.�

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chi_shark

06-29 07:42 PM

As per H1B you cannot do this.. the second job will be illegal

you can do it... you have to file an addtional H1... its just like the regular h1 except it is for part-time work... dont know any further specifics...

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whatamidoinghere

09-10 03:17 PM

Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...

Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...

On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...

Hope the info helps..

SoP

I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...

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siravi

11-23 10:22 AM

nihar,

a couple of members tried help you with this query you posted in another thread earlier... (http://immigrationvoice.org/forum/showthread.php?t=15594)

1) please write clearly. The SMS format (?) is not helping much :(
2) you need to provide some more/basic information as was also requested earlier (above thread, post # 28)
3) as suggested above, really, your best bet would be to talk to an international student advisor at your university/college, since you have been on F1.

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trueguy

08-11 10:45 AM

Does anybody know how to change the title of thread? Since I cann't change options in poll, i would like to change the title to say that this poll is only till 2004.

thanks willwin for opening a new poll for remaining years.

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gc_kaavaali

07-16 05:21 PM

Jonty,
Take it easy!!! relax!!! I understand your frustration...but take it easy...we are trying our best to fight for our problems. I already participated in high five drive.

I think people out here have nothing to do. Please concentrate on the cor eissues... and participate in IV campaigns..High FIVE for one...

When new processign dates come out you will know have patience.

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goosetavo

01-31 12:14 AM

By jumping ahead with high-skilled immigrants of course! =D

Great press release IV, great to see IV getting out there. Now it's time to knock on some doors in our local districts.

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seshadsr

06-08 11:42 AM

Sorry I am unable to attend but sent my first contribution 2 weeks back and this is my second
Transaction ID: 15S40320JF846241C

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go_guy123

08-24 04:52 PM

ILW.COM - immigration news: Ninth Circuit In Herrera v. <em>USCIS</em> Rules That Revocation Of I-140 Petition Trumps Portability (http://www.ilw.com/articles/2009,0825-mehta.shtm)

Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
by Cyrus D. Mehta

As the Employment-based categories remain hopeless backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA � 204(j).

Under INA � 204(j), an I-140 petition3 remains valid even if the alien has changed employers or jobs so long as an application for adjustment of status has been filed and remains unadjudicated for 180 days or more and that the applicant has changed jobs or employers in the same or similar occupational classification as the job for which the petition was filed.

Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position.4 This individual who has changed jobs can still continue to enjoy the benefits of the I-485 application and the ability to obtain permanent residency. � 204(j), thus, allows one not to be imprisoned with an employer or in one position if an adjustment application is pending for more than 180 days. A delay of more than 180 days may be caused either due to inefficiency with United States Immigration and Citizenship Services (�USCIS�), or more recently, due the retrogression in visa numbers in the EB-2 and EB-3 categories.

A recent decision from the Ninth Circuit, Herrera v. USCIS, No. 08-55493, 2009 WL 1911596 (C.A. 9 (Cal.)), 2009 U.S. App. LEXIS 14592,5 unfortunately, may render adjustment applicants who have exercised portability under INA � 204(j) more vulnerable.

In Herrera v. USCIS, the petitioner in this case, Herrera, was the beneficiary of an approved I-140 petition, which was filed under INA � 203(b)(1)(C) as an alien who seeks to work for a company �in the capacity that is managerial or executive.�6 At Herrera�s adjustment of status interview, the examining officer discovered that she was not truly employed in a managerial or executive capacity for the petitioning employer. The employer who filed the I-140 petition, Jugendstil, did not manufacture furniture, as it stated in the I-140 petition, but rather, engaged in interior designing services. Following the adjustment interview, and long after the adjustment application was pending for more than 180 days, Herrera exercised portability to a new employer. Unfortunately, a few months after she had exercised portability, the California Service Center (�CSC�) issued a notice of intent to revoke Herrera�s previously approved I-140 petition. This notice, which was sent to the prior employer that filed the I-140 petition, alleged that Herrera did not work in a managerial or executive capacity due to the size of the petitioning entity ( which had only 7 employees) and also because of her lack of managerial or executive job duties, which included visits to client sites. The CSC ultimately revoked the I-140 petition after giving Jugendstil an opportunity to respond. This indeed is anomalous, since the original I-140 petitioner, after the alien has exercised portability, may not have an incentive to respond. However, in this case, Jugendstil did appear to have an incentive to respond (and litigate the matter) as Herrera had �ported� to Bay Area Bumpers, an affiliate of Jugendstil. The Administrative Appeals Office (AAO) affirmed the denial, and so did the federal district court.

At issue in Herrera v. USCIS was whether the government�s authority to revoke an I-140 petition under INA � 205 survived portability under INA � 204(j). INA � 205 states, �The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.�

The Ninth Circuit agreed with the government that it continued to have the power to revoke a petition under INA � 205 even though the alien may have successfully exercised portability under INA � 204(j). The Ninth Circuit reasoned that in order to �remain valid� under INA � 204(j), the I-140 petition must have been valid from the start. If a petition should never have been approved, the petitioner was not and had never been valid. The Ninth Circuit also cited with approval an AAO decision, which previously held in 2005 that a petition that is deniable, or not approvable, will not be considered valid for purposes under INA � 204(j).7 Finally, the Ninth Circuit reasoned that if Herrera�s argument prevailed, it would have unintended practical consequences, which Congress never intended. For instance, an alien who exercised portability, such as Herrera, would be immune to revocation, but an alien who remained with the petitioning employer would not be able to be so immune. If the opposite were true, according to the Ninth Circuit, an applicant would have a huge incentive to change jobs in order to escape the revocation of an I-140 petition. Finally, the Ninth Circuit also examined the merits of the revocation, and held that the AAO�s decision was supported by substantial evidence.8

Based on the holding in Herrera v. USCIS, adjustment applicants who have exercised portability better beware in the event that the USCIS later decides to revoke your I-140 petition. 8 CFR � 205.2 (a), which implements INA � 205, gives authority to any Service officer to revoke a petition �when the necessity of revocation comes to the attention of the Service.� Also, under 8 CFR � 205.2(b), the Service needs to only give notice to the petitioner of the revocation and an opportunity to rebut. An adjustment applicant who has exercised portability may not be so fortunate to have a petitioner who may be interested in responding to the notice of revocation, leave alone informing this individual who may no longer be within his or her prior employer�s orbit.

Finally, of most concern, is whether every revocation dooms the adjustment applicant who has �ported� under INA � 204(j). Not all revocations are caused by the fact that the petition may have not been valid from the very outset. For instance, under the automatic revocation provisions in 8 CFR � 205.1(a)(3)(iii), an I-140 petition may be automatically revoked �[u]pon written notice of withdrawal filed by the petitioner, in employment-based preference cases, with any officer of the Service who is authorized to grant or deny petitions.� An employer may routinely, out of abundant caution, decide to inform the USCIS if its employee leaves, even though he or she may legitimately assert portability as a pending adjustment applicant. Such a revocation of the I-140 ought to be distinguished from Herrera v. USCIS as the I-140 was valid from its inception but for the fact that the employer initiated the withdrawal. Similarly, another ground for automatic termination is upon the termination of the employer�s business.9 It would not make sense to deny someone portability if the petitioning entity, which previously sponsored him or her, went out of business, but was viable at the time it had sponsored the alien. Indeed, one Q&A in the Aytes Memo, supra, at least addresses the issue of an employer�s withdrawal:10

�Question 11. When is an I-140 no longer valid for porting purposes?�

Answer: An I-140 petition is no longer valid for porting purposes when:

1. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
2. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.�

It is hoped that Herrera v. USCIS, a classic instance of bad facts making bad law, does not affect those whose petitions have been revoked after the original employer submitted a withdrawal after an I-485 application was pending for more than 180 days. The Aytes Memo makes clear that this should not be the case. Less clear is whether a revocation caused by the termination of the employer�s business should have an impact on an adjustment applicant�s ability to exercise portability.11 The Aytes Memo seems to suggest that such a person who has exercised portability may be jeopardized if the I-140 petition is revoked. It is one thing to deny portability to someone whose I-140 petition was never valid, although hopefully the individual who has ported ought to be given the ability to challenge the revocation in addition to the original petitioner.12 On the other hand, there is absolutely no justification to deny portability when revocation of an I-140 petition occurs upon the business terminating, after it had been viable when the I-140 was filed and approved, or when the employer submits a notice of withdrawal of the I-140 petition after the I-485 has been pending for more than 180 days.

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perseus

07-17 01:04 AM

here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

1. landed in the united states on f-1 visa -- september 2000.

2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

6. graduated with advanced degree (and high academic honors) in december 2006.

7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

notes in conclusion:

1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

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MSCapBust

07-20 06:41 PM

Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.

Thanks very much,
Sick with worry.

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NKR

10-09 12:04 PM

Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below


http://www.chron.com/disp/story.mpl/front/6047852.html

Welcome dude, I am from GA and a couple of days ago I applied for H1 renewal in PREMIUM, that is 1K spent just to be able to get my H1 renewal approved before my DL expires this month end.

Why can't I use EAD?.
My EAD is getting expired this month end too.

Why didn't I apply for renewal before?.
I am early 2004 EB2 I applicant, my date was current and I was expecting GC anytime soon, but I beleive USCIS was busy processing newer application and my PD moved back this month.

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lostinbeta

10-21 01:35 AM

Wow, very interesting. I have never heard of that before.

Well where I was thinking falls in those rules, according to that grid, it was #2.

Like I said though, put it where you want... don't mind me...just blurting stuff out.

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pappu

12-15 10:54 AM

You are in a good position.
- hire your own lawyer
- have the lawyer directly talk to your HR. dont confuse HR with websites and all the info. make their job easy by having them just sign the papers for you
- keep a copy of all documents with you that the lawyer files or gets from HR

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