caond
05-07 05:41 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
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bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
smartboy75
12-05 03:25 PM
I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?
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hemya
08-18 10:17 AM
Do check with your company/lawyer to see if it has been approved. My online status still says 'pending' even though I heard from my manager and lawyer on July 18th regarding the approval of my I-140.
Approval date was July 14th
Approval date was July 14th
more...
aniltatikonda
02-08 04:54 PM
Thats correct It was my misunderstanding.
Canadian_Dream
07-31 05:00 PM
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
You cannot come back to US because VO first cancels the existing valid visas before making a decision to grant a new one. You will have to return to your home country.
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
You cannot come back to US because VO first cancels the existing valid visas before making a decision to grant a new one. You will have to return to your home country.
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
As currently implemented, neither the alien''s country of citizenship nor the question of whether s/he had applied for a new visa while outside the U.S. affects the ability of the alien to re-enter the United States. The amended regulation, which was published in the Federal Register on March 7, 2002 and will be effective as of April 1, will prohibit the re-entry using an automatically revalidated visa of any alien who has applied for a new visa while outside the United States.
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
more...
GCKarma
07-21 08:57 PM
With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?
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Lasantha
03-24 02:55 PM
Yeah, I remember these guys.
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
more...
win_or_win
11-01 11:14 PM
ok , here is the best ..
Mujhe Nind Na aaye , nind na aaaye hai , mujhe chen na aaye ,chane na aaye ...
YouTube - Mujhe neend Na Aaye - Dil (http://www.youtube.com/watch?v=ypMIhmEfK2w)
Another one but really goes with it ,
Aisi deewangi dekhi nahin ...
http://www.youtube.com/watch?v=hXmL7WpMyu4&feature=related
Mujhe Nind Na aaye , nind na aaaye hai , mujhe chen na aaye ,chane na aaye ...
YouTube - Mujhe neend Na Aaye - Dil (http://www.youtube.com/watch?v=ypMIhmEfK2w)
Another one but really goes with it ,
Aisi deewangi dekhi nahin ...
http://www.youtube.com/watch?v=hXmL7WpMyu4&feature=related
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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.
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.
more...
gcnirvana
06-15 12:43 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
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dilipb
10-28 11:34 PM
All u require is
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
more...
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vkrishn
08-27 08:13 PM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
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maharshijb
05-05 09:30 AM
Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....
more...
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vamsi_poondla
01-19 01:17 PM
Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
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gcdreamer05
01-17 12:27 PM
great glad to know your problem was solved.
Hey man thanks for coming back and positing the solution and that useful info for others.:)
Hey man thanks for coming back and positing the solution and that useful info for others.:)
more...
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haifromsk@yahoo.com
10-15 02:49 PM
I-9 is a USCIS document so i would guess it goes to uscis
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amulchandra
05-11 10:41 AM
Hi all,
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
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maharshijb
05-05 09:30 AM
Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....
bmoni
08-21 10:34 PM
Thanks bushman06.
amsh
08-21 05:23 PM
I had got my EB3 priority date recaptured in EB2 I140 filed latter .After doing this ,I asked my lawyer to interfile the case (ask them write a letter to USCIS to convert my earlier filed I485 application in EB3 to EB2) .
My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.
I have two questions
1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .
2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?
Best regards and thanks for helping !
My attorney said that ,this can only be done when priority date is current.But some people in similar condition ,told me that this interfile application can be written, even if the priority date is not current as there is no written procedure for it specified by USCIS .
And it is better to send that application ASAP ,as it might help my green card processing time ,since after getting that interfile application ,USCIS might go ahead and do the other procedures on it like name check and other check etc .My priority date is in EB2 India and 2 months away from this month priority dates announced by USCIS.
I have two questions
1)can the interfile application for I485 ,as specified above ,be send to USCIS ,even if the priority date is not current .
2)can it be send twice that is now when priority date is not current and latter when priority date becomes current ?
Best regards and thanks for helping !
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