number30
09-23 12:14 PM
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 got my company attorney's office to reply to the school that she is in the country lawfully 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!
Did you ask them what are those acceptable documents?
I got my company attorney's office to reply to the school that she is in the country lawfully 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!
Did you ask them what are those acceptable documents?
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sportsguy131
07-31 02:34 PM
hey thx a lot for the info....but can she work in those 180 days?
chaukas
08-28 11:39 AM
I hope this helps.
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gc_kaavaali
07-16 05:03 PM
i don't see july processing times...it still shows june times.
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psk79
05-30 12:20 AM
My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.
Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.
Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?
Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.
Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.
Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.
Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?
Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.
Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.
Bpositive
08-21 03:33 PM
lots of opinions/answers for your qns...
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nihar
11-21 04:08 PM
if i check in the wesite or call the ins they say its approved bt my consultant states that the same had a query which i have also seen was sent to her , the query was sent in aug and we did reply the same instance . rite now im on student visa and abtto complete my mba and eligible for my internship . im veri much in the usa . please guide me as to wat shud i do tackle this situation and whts the next step . i want to wrk asap . i also that want to knw after its approval wat r the next step of docs tat i shud have and wat is it that i need to have to gain a upper hand and be out of this mess
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gcisadawg
08-11 04:14 PM
bump
done. EB3-I Oct 2003
done. EB3-I Oct 2003
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Dipika
08-14 01:10 PM
Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.
But i noticed, All approved cases are clear, means no RFE in any stage.
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go_getter007
08-13 12:20 PM
If what you've heard is true, it's quite funny - illegal American "aliens" in India. :D
GG_007
Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....
GG_007
Have heard of US citizens in India who are having problems getting work visa. And are getting paid in cash! Seems like the number of illegal US citizen aliens in India may be going up over the next ten years....
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coolest_me
05-08 12:34 AM
I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
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kumar_77
12-17 10:12 AM
Hello ,
can you please give some details ...like your 140 Status , eb -2 , or eb-3 , PD ...SUB etc..
Thanks
can you please give some details ...like your 140 Status , eb -2 , or eb-3 , PD ...SUB etc..
Thanks
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waitingnwaiting
05-20 11:00 AM
I have completed. :)
Thank you for spreading my teachings to you. :D
Thank you for spreading my teachings to you. :D
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maheshf
07-30 05:07 PM
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
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satishbsk
07-08 05:58 PM
How do u know that?
When I and my wife gave DNA, the volunteer who collected told that they collected 20 k so far and it is tough to get a match, and it might be only Indian DNA may match to Vinay.
When I and my wife gave DNA, the volunteer who collected told that they collected 20 k so far and it is tough to get a match, and it might be only Indian DNA may match to Vinay.
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hariswaminathan
10-26 12:38 PM
My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.
Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
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Rudra
04-18 01:13 AM
THose who have filed with the Premiumproceesin as option are getting notifications. The rest will get it relativlely later. As UScis says the notification dates would not be later than June. has any one got back their applications? :confused:
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sixburgh
06-28 05:50 PM
Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
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GCard_Dream
04-05 06:18 PM
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
h1techSlave
03-25 05:12 PM
I think we all should vote for just one immigration related question
GCard_Dream
04-05 04:09 PM
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.
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