F1_doubt
05-10 05:20 AM
Hello all, my scenario -
Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.
Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.
Thank you
P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!
Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.
Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.
Thank you
P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!
regacct
10-20 09:51 AM
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
gonecrazyonh4
07-20 02:49 PM
Thanks to all who responded.
lahiribaba
03-01 02:30 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
more...
txh1b
04-14 05:02 PM
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
martinvisalaw
09-10 12:13 PM
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
more...
casinoroyale
03-31 01:46 PM
I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am contemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).
$585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.
I am contemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?
vdlrao
05-11 03:24 PM
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.
.
more...
jcrajput
10-16 12:30 PM
My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
letstalklc
10-13 05:31 PM
What is the URL for checking the PERM case status?
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
more...
surabhi
05-20 10:47 AM
I had duplicate I-485 based on same I-140. The A#s were different on both I-485.I was concerned about AP / EaD renewals. I took infopass and went to USCIS today.
I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.
I was told both my applications are now consolidated and keying in either of receipt# or A# is bringing back both applications and its all set.
amitjoey
07-19 02:19 PM
Hi All,
Is there a way to get an English translation of my birth ceritificate in the US? I have the original with me and to send it to India and get it done seems like a pretty big deal.
Can anyone please advise? Requesting transalation from Marathi to English...
Thanks,
YT
Use this one, I USED IT!!. Really good. USCIS Format.
http://www.online-languagetranslators.com/marathi.htm
Is there a way to get an English translation of my birth ceritificate in the US? I have the original with me and to send it to India and get it done seems like a pretty big deal.
Can anyone please advise? Requesting transalation from Marathi to English...
Thanks,
YT
Use this one, I USED IT!!. Really good. USCIS Format.
http://www.online-languagetranslators.com/marathi.htm
more...
immiguy
07-18 04:06 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
newbie2020
11-26 05:15 PM
BTW , Raja Krishnamoorthi is a very close friend of Barack Obama. He is currently competing for State Comptroller (A public position) in IL.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
He had personally visited the president at his oval office so folks if someone thinks he can help he surely can help.
more...
HarishM
09-21 04:21 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
northedman
06-13 05:38 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
more...
JeffDG
01-23 07:38 AM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes. If you are CP, you must intend to work for your sponsoring employer. That does not mean you need to work for that employer in India, but when you receive your GC, you have to work for the sponsor.
You can file an I-485 later if you wish, even if you are in the CP queue...if you enter the US in a way that permits AoS...that is, I don't think you can enter on a B1 tourist visa, then file AoS, but if you can get an H1b, you will be fine to file I-485.
rbalaji5
10-30 03:02 PM
We got the same problem for my wife. There is a 'n' missing in her last name (our mistake)- I called the USCIS, they said we need to send the I-765 application again with the wrong EAD card. If it is your mistake we need to pay the application fees again. If it USCIS mistake (like typo), then there is no need to pay the fees.
Since my wife is not going to work / or use EAD till next year, I am planning to submit her application while renewing the EAD. Moreover, I went to SSN office with this wrong EAD, They identified the spelling mistake in the last name, they accepted the SSN application and going to verify with USCIS before issuing SSN. Since all other records in the USCIS has the correct name, We hope this should be ok.
Since my wife is not going to work / or use EAD till next year, I am planning to submit her application while renewing the EAD. Moreover, I went to SSN office with this wrong EAD, They identified the spelling mistake in the last name, they accepted the SSN application and going to verify with USCIS before issuing SSN. Since all other records in the USCIS has the correct name, We hope this should be ok.
riva2005
03-20 04:19 PM
Its coming on the foreground on thursday thru a press conference by Rep Jeff Flake and Rep Luis Gutierrez. Read the breaking news thread from IV core.
Britsabroad
November 30th, 2008, 08:01 PM
In the process as we speak Matt. Almost sold up & ready to begin acquisition...
thesparky007
04-21 08:01 PM
no word from k-man?
