sledge_hammer
02-22 12:46 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
wallpaper 2009 Acura Tl Acura
ssss
08-01 05:18 PM
UPS issued same tracking number for 2 different packages from same place of origin lastweek.
pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
2011 2009 Acura TL 3.5 White
chanukya
10-18 12:39 PM
Dutta,
Thank you very much for the link.
This helps many of us to decide on even approaching a Lawyer.
Excellent link.
My LC filed as Programmer Analyst and I am working as a Sys Admin, the detailed work activities listed for programmer analyst and Sys Admin seems to match or similar.
I think Lawyer can take on from there and I guess we need make sure we consult a lawyer and get his inputs to make sure some minimum activities of the new job role whatever may be it is called .("Rose" or "Lilly" as long it is not a "Mangoe" or "orange" or vice-versa), match or similar when we get the employer app letter and refernce letters.
Thank you once again for the link.
See this link:
http://www.onetcodeconnector.org/ccreport/11-3021.00
It says that "Computer Programmers" is a related occupation. Can I not accept this designation.
Also, what if the job title varies as "Application Architect" but the job duties are similar?
Thank you very much for the link.
This helps many of us to decide on even approaching a Lawyer.
Excellent link.
My LC filed as Programmer Analyst and I am working as a Sys Admin, the detailed work activities listed for programmer analyst and Sys Admin seems to match or similar.
I think Lawyer can take on from there and I guess we need make sure we consult a lawyer and get his inputs to make sure some minimum activities of the new job role whatever may be it is called .("Rose" or "Lilly" as long it is not a "Mangoe" or "orange" or vice-versa), match or similar when we get the employer app letter and refernce letters.
Thank you once again for the link.
See this link:
http://www.onetcodeconnector.org/ccreport/11-3021.00
It says that "Computer Programmers" is a related occupation. Can I not accept this designation.
Also, what if the job title varies as "Application Architect" but the job duties are similar?
more...
BeCoolGuy
04-04 07:39 AM
Just two cents -
One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.
Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...
If it still gets revoked, you always have MTR option.
try to use a good attorney to do the job, especially if you to go MTR way.
Goodluck
One - all that notice means is, technically USCIS can revoke your I-140 after 12 weeks.
Two - For you, anyways the damage is done. So don't worry. Go ahead ASAP with a response to RFE. If USCIS is any slow in revoking (which they very well can be), they'll take your response and as long as it satisfies their query, you may be good to go.. Remember, they are not your enemies, they are just doing their job of ensuring that every relevant document/proof exists.. And that those who work there are human too...
If it still gets revoked, you always have MTR option.
try to use a good attorney to do the job, especially if you to go MTR way.
Goodluck
kumar1
12-26 12:48 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
more...
Adam
08-26 11:10 AM
That one looks perfect gundark.
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
2010 2009 Acura TL 3.5 White Plains
USA2007
08-15 07:38 PM
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
more...
akunamatata
04-02 10:04 PM
Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.
hair 2009 Acura TL 3.7 Chantilly,
munnu77
04-16 01:55 PM
Any one from Sugarland (Houston TX)? Its rated one of the best place to buy the house NOW .
http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html
How is the IT job market there? who are the big employers in Houston area?
not a good place for IT...dallas or austin is better than houston...
http://money.cnn.com/galleries/2008/real_estate/0804/gallery.best_buy_home.moneymag/6.html
How is the IT job market there? who are the big employers in Houston area?
not a good place for IT...dallas or austin is better than houston...
more...
Tejas
12-18 12:31 AM
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
hot 2009 Acura TL 3.7 Torrance, CA
lost_in_gc_land
01-31 01:18 PM
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
more...
house 2009 Acura TL 3.5 Orlando, FL
sri_chicago
05-14 06:36 PM
Hi sts_seeker,
Could you please provide me USCIS customer service phone number options to discuss about RFE.
Could you please provide me USCIS customer service phone number options to discuss about RFE.
tattoo 2009 Acura TL – Hi-res. Images
brb2
03-26 08:58 PM
The worst thing about TOI is that they routinely censor out on-line posts which are critical of their article/opinion. Since then I have stopped posting anything on TOI. On-line editors seem to be control freaks.
more...
pictures White Diamond Pearl 2009 Acura
chanduv23
12-09 10:19 PM
^^^^^^^^^^
dresses 2009 Acura TL 3.5 White
swartzphotography
January 31st, 2008, 01:19 AM
well as mats was saying buy a used piece of equipment at a bargain and you can save some moola to get lenses tailored to what you want to do with the camera. My suggestion is an old canon rebel 300 d. I know it seems to be an old forgoten camera but it is still in my camera bag as my secondary camera. Yes it has limits in functionality over the xt or the xti. But i believe one can be bought on ebay for less than the sony cybershot is new. And it has all the features you will need for your class. Plus as i said get some good lenses. cameras come and go lenses are forever.
more...
makeup ACURA TL 2009 INSIDE
USCISSucks
11-14 01:34 AM
Before 180 Days for those 140 approved
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
girlfriend 2009 Acura TL 3.5 Raleigh, NC
GCBy3000
07-26 11:08 AM
It says "which was ordered to lie on the table"
lie on the table = next to dead = already in mortuary = some miracle could pull this back to life.
Anyhow Kudos to Cornyn. Arise , Awake and stop not till the goal is reached. he was beaten several times to death with all his amendments, but still I am seeing him with full of energy when it comes to EBs.
lie on the table = next to dead = already in mortuary = some miracle could pull this back to life.
Anyhow Kudos to Cornyn. Arise , Awake and stop not till the goal is reached. he was beaten several times to death with all his amendments, but still I am seeing him with full of energy when it comes to EBs.
hairstyles 2009 Acura Tl Acura
conchshell
07-30 12:39 PM
I know that in these situations patience is virtue, but somehow in last couple of weeks my stress level is going really high. I am heavily suffering from COLTS, and these type of events just freak me out!!
Ramba
01-04 12:07 PM
I am in non-IT engineering field having stressful job, as my job is always challanging. Though, I have good career record, I want to get into relaxing job. I am getting advise to change my field to IT. Few of them advise me to take course in QA or SAP to change the field.
As most of the forum members are in IT field, perhaps this is a right place to get some advise.
I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.
Thanks..
As most of the forum members are in IT field, perhaps this is a right place to get some advise.
I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.
Thanks..
arrarrgee
07-18 10:40 AM
Diggggggedddd :D
Dugg!:)
Dugg!:)
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