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  • glus
    09-24 09:11 AM
    My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

    I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

    The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

    Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

    It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


    I would really appreciate your help!

    Hi,

    I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.





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  • sherlock01
    10-16 07:54 PM
    Can you please send the format of the letter you faxed? Did you include a letter from the employer?

    I need to do the same for my wife. It's about 60 days since we applied and my wife just got a job. Her EAD expires in 20 days. We applied together and mine was approved 3 weeks back. Really frustrating :mad:


    I googled and found TSC EAD expedite processing fax numbers of. On 84th day, we faxed our request to TSC. To our surprise, same day evening the status on our case changed to "Card ordered for production". Our tension was released and had a fun weekend.

    Hope this information is helpful to someone in similar boat. Below are the fax numbers:
    (214)962-1454
    (214)962-1450
    (214)962-1415
    (214)962-2632





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  • actonwang
    06-16 09:25 PM
    thanks! GC4menow,

    Kind of surprise and wonder how you get this kind of info. Is it a given rule or you got it from some friends from USCIS? It looks make sense but:

    1. What is USDOS for? Department of state? Who decides Retrogression?

    2. In summary, if it is "Current", USCIS processes all files by RD (receive date), and if it has retrogresstion, then they change to process files by PD.
    Do they churn/reorder all cases each month according to if it is "current" or not? Any logic behind it?

    I hope that sb can write "inside gc process":)





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  • rameshavula
    06-15 08:04 PM
    For me I noticed the Alien # issued on the OPT card. And I noticed that my lawyer always used the same A# for my H1-B petition.



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  • harsh
    12-22 09:55 AM
    Any other bama residents? I am sure there are more people stuck in retro in alabama. Signup other alabama residents...





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  • frostrated
    09-03 01:59 PM
    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.



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  • GCProbs
    09-15 07:10 PM
    Hi All,

    I need an advise from IV folks..

    here is my situation..

    I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.


    Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...


    Please advise me...





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  • I-485 approval
    08-20 12:37 PM
    Hi Bheemi,

    Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.

    Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)

    Thanks



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  • quizzer
    07-30 07:36 PM
    The attorney informed us that both our EAD's were received today.

    The point here is the original ead expiry date was 10/15/2008. The new EAD expiry is 07/15/2010 and not 10/14/2010.

    Its validity is not 2 years from the original expiry but 2 years from the current approval date.

    Are others getting it the same way?

    Thanks





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  • harshailan
    07-31 05:05 PM
    If your H1 visa is rejected in canada, they will cancel the existing visa saying you are not eligible. You cannot come back to US again. You need to go to Chennai again for stamping.

    Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).

    Hope this helps.

    Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)



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  • newuser
    07-11 02:30 PM
    Count me in. Just sent a PM





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  • calaway42
    10-04 01:18 AM
    roger that :)



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  • vidhyajagi
    08-16 03:17 PM
    You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.

    Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.





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  • srinivas_o
    08-11 10:28 AM
    I moved from Austin to Dallas and changed my address online using AR-11 and also updated the pending I-485 with the new address online. It was very easy and within a week I got a letter from USCIS saying that my address is updated on the application. As others said it is by law to inform the change of address in 10 or 11 days after the move. I don't think you have to worry about any delays if you change the address.


    wandmaker is correct.

    Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.

    In any event, should call USCIS to confirm change of address on pending applications.



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  • cdeneo
    06-01 08:49 PM
    With the news of onset of RFE's - does the attorney only get the RFE or do both the attorney and the applicant get a copy of the RFE.

    I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.

    I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.





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  • sixburgh
    06-28 04:31 PM
    You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.

    This is what I think too.

    But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).

    Any official documentation about this ?



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  • kaisersose
    10-29 09:00 AM
    Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!

    But the EAD is soley meant for work!

    Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.





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  • sku
    09-11 04:25 PM
    Just to clarify

    Last Option Sept 2004 - Jan 2005 Priority Date ...Should be read as Oct 2004 - Jan 2005 Priority Date.





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  • Sunx_2004
    10-22 03:50 PM
    Cheques cashed on Friday got all receipts number today.

    July 17th no receipt yet

    Just chill
    ;)





    priti8888
    12-20 07:57 PM
    Posted by 3 hours ago

    "Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."

    http://www..com/discuss/485eb/78889113/





    krishmunn
    05-21 07:29 AM
    AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.

    My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)

    However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
    I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)



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