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anemmani

01-04 01:46 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 ?

nit_sea,

I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

Good luck,

Nag

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techskill

01-29 05:48 PM

Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month

Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

Hope that helps.


What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?

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aachoo

09-17 01:11 AM

When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

How does it work? Will the officer just stamp the AP and make a copy?

The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a

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xlr8r

08-30 04:55 PM

Congratulations, buddy!

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anandrajesh

02-06 10:35 PM

How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?

Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?

Sorry I am a moron.

It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.

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njboy

07-26 10:38 AM

pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.

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485Mbe4001

06-29 03:57 PM

i dont think you will get the copies of I140, it is owned by the company and they have every right to keep it. Nothing much you can do about it, its perfectly legal for them to do that. If its a desi lawyer you might have change of getting a copy but most of the lawyers will not suggest your company to give it. i went through the same, my company was ok with giving me the copy but the lawyers suggested against it.

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shalinip

03-17 12:41 PM

Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?

Appreciate inputs provided

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sdrblr

07-06 02:26 PM

you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.

Are you sure on this?
I am not 100% sure but I remember reading here or on immig portal.com that you can enter on AP and still use H1 to work. Can somebody please clarify.

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jlander

January 7th, 2005, 03:34 PM

Don,

Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?

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smiling08

09-19 08:52 AM

HI All,

I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

Fan

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chanduv23

08-15 07:50 AM

^^^^^^^^^^^^^^^^^^^^^^

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atlgc

05-23 06:51 AM

I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.

Can someone with an approved 140 please paste a format of the experience letter on this thread?

Thanks!

Hello indyanguy,

question,did you got an RFE for your entire work history ,just the latest expeience letter

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casinoroyale

09-04 03:23 PM

Sorry for a kind of lame question. I have H1B visa appt on Sep 22nd in Canada, if I get the visa, I have to pickup the passport nextday 3pm and fly that evening, but If I get 221g I would like to take the passport back in the interview and return back on the same day using AP.

Given this situation, what is the best way to book the flight? I am not going by road.

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ocpmachine

10-13 12:53 PM

My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.

I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.

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insbaby

08-12 09:12 AM

1. Check with your lawyer on this

2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.

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dce.deepak

09-18 05:44 PM

its not 800,000 its around 190,000 for all EB1,2,3
look at here May 2010 data
USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?

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Domino

04-25 06:46 PM

Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

Best,
Ilan

Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!

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sac-r-ten

06-17 12:15 PM

Tell me the one which you developed and i won't buy it from the apple store. since if DOL/USCIS catches you and apple removes the support for it then i won't be a happy person.
Just kidding.

Go ahead man. live your dream. why bother about trivials like DOL/USCIS.

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krithi

04-23 12:38 PM

First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

To your question:

1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

2. Opening MTR takes months, if you are lucky then it might be quick.

Now a question to you.

1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

The safe bet:

That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

Just my thoughts, better consult with a lawyer if you are in such a situation.

Good luck.

Raj

Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.

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LostInGCProcess

11-10 11:40 PM

Thanks again for the reply and wishes!!

Also sorry for another question as I forgot to mention this earlier.

My new H1B has more than 6 months of validity period.

One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???

Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009

Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010

As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?

Appreciate your help!

Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.

As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.

So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.

Good Luck!!!

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