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I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.

My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??

CAN SOMEONE PLEASE HELP??!!

:confused:
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?

Gurus,

Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?

2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?

3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

Thanks.

- BharatPremi
1) For our point of view, only RN number should be okay-this gives us liverage to track and see updates on your filings. Frankly, I never bothered even that as I received FP notices before RN from attorney and FP notices carry RN numbers.

2) Question is should we send the 'Stamped Original FP notice' after finger printing to attorney instead of copies? (As this is a kind of document with proof of FP having done and this is our copy). My attorney asked me for original FP notices -stamped by FBI after FP-I would rather send copies and keep original with me.
Please, let me your thoughts on this
thanks

My case is also under extended review and in the same situation as other VSG/affiliate current/former employees in this thread.

Based on the current situation and discussing with other members it doesn't really look like USCIS will revoke or deny I140/I485s enmasse, but you never know.
We have followed the law and were always employed with paystubs and everything and have nothing to fear.

I have formed a yahoo group for current/former VSG employees whose GC is stuck.
Group members can share experiences and exchange ideas as we go through the pain of GC Processing.
Staying as a group we can plan to hire a powerful attorney if god forbid our situation gets worse.

I have already sent group invite to some of you to join this group. If you are interested in joining, send me a private message or email me at thebestoptimizer @ gmail.com

I believe Suvendra had posted the same question in the OTHER popular immigration forum and had some replies there.

Thanks,
Optimizer

Hello IV Members,

I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.

My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.

Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.

Thanks.

how is the baby supposed to sponsor the parents ??

One option:

http://www.dayzadlaw.com/options.html ( I believe Rajiv Khanna and Murthy have clarified on this matter too):

Cancellation of Removal
Persons in removal proceedings, also known as deportation hearings, may apply in court for a special pardon to receive a green card and stay in the United States. For individuals who have never had a green card, the critical element is proving that you have a spouse, parent, or child who is a US citizen or permanent resident who would suffer extreme hardship if you were not allowed to stay the United States. You must also prove that you have lived in the United States for 10 years and have otherwise obeyed the laws.

.....
I believe it would be extremely difficult to be able to do the above though. Proving extreme hardship ain't going to be easy in court.

Please send email invitations to different associations though this link.....

http://www.going2usa.com/education/isa.html


This should get us a lot of young members

Thanks for your reply.

My understanding is there can be only one AOS at any time.

- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?

- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??

Thanks.

There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.

Once AOS is filed under EB3, it can't be simply upgraded to EB2.

However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?

What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.

check here for infopass.
http://infopass.uscis.gov/

Thanks every body for explaining these things.

And now, what can I do to get out of the "unknown quantity" with a grey square?

Cheers,
h1techSlave

Hi Guys,

I got the good news to share every one. got the approval . its wonderful

read the last paragraph of the link you posted

Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

As for status information, if your wife does not want to work after she gets back it might be in her interest to enter using H4. Because if she stops working she will not be out of status but AOS pending, hence legal, but there will be no safety net in case od denial, and you will save money on AP's

hello,
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.

I will keep you guys posted of my happenings....

Folks - My (EB3) I140 got approved.
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007

Folks, wanted to share the feedback from my immigration attorney, the attorney office which did my h1b, h4, eb3 etc, it is a pretty big firm and has good reputation.

The attorney clearly told me, that as long as there is no salary and if it is volunteering then we can go ahead whether it is profit making or non-profit it does not matter.

Now im still confused what do i do......

to be on safer side i may suggest going for non-profit org.

In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.

My question is if the AP has an expiration date, does the officer's parole stamp supercedes that or not? thanks

AM

I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)



"In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."



Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)

Do the Primary Applicant and the Spouse both need to take this Test??

No
only the primary applicant needs to take the test

I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


You can file spouse 485 later but not always
--------------------------------------------------------------------------------

Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


Please talk to a reputed lawyer before doing any thing.