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  • OLDMONK
    09-16 12:29 AM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.




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  • SherazKhan
    11-16 08:19 PM
    Hi Mena,
    I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
    Thanks.




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  • raysaikat
    08-13 08:27 PM
    1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

    2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

    3) Show the clear evidence that you have performed a leading and critical role in your organization.

    4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

    Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

    My presentation at international conferences are posters. Nothing great such as plenary talk.

    I can submit more evidence of publications and citations.
    Letter about my role and responsibilities as leader in my institution.

    Thats it. Do I have a chance?

    Anything can happen, but looks unlikely. How many publications do you have, and how many citations each paper has received? How many recommendation letters and from whom did you submit?

    BTW: if the "award" is a standard university scholarship, that would not fly.




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  • obviously
    12-08 10:57 AM
    - make sure that you identify yourself and your LEGAL status
    - consider using following 'talking points' to reframe the dialog
    - focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
    - be personable, nice and kind
    - good luck and all the best!!

    In support of SKIL and other relief measures for High Skilled Immigrants:

    NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.

    HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.

    It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?



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  • Saralayar
    08-13 11:02 AM
    This thread should be deleted. Not related to our cause.
    Time Pass thread... Just a break for world news...




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  • babu123
    08-29 12:33 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.



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  • prasadn
    03-01 08:27 PM
    When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.

    1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?

    2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?

    Thanks in advance,
    Prasad




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  • testtesttest
    07-17 06:32 PM
    just called her and thanked her for her efforts.



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  • radhay
    07-26 07:25 AM
    My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.

    Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.

    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.




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  • Axilleus
    11-01 11:26 AM
    It is getting close. Card Production email received on 10/24/07 but I am still waiting for my EAD. Supposed to start working on Monday.....



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  • go_getter007
    12-20 12:23 PM
    Given her passport is stamped, she can re-enter the US with her H4. No need for AP. It doesn't matter if her visa expires in early Jan.

    GG_007


    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance




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  • fromnaija
    10-01 06:27 PM
    If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.

    Anybody ..any replies ??



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  • s416504
    08-29 01:59 PM
    justusa,
    You have voted for receipted after 29th Aug From Texas (SRC).
    How is that possible on 29th Aug ?




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  • nb_des
    09-21 01:51 PM
    I agree something that does not increase total visa numbers can only pass this year.



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  • skothuru
    07-17 05:00 PM
    I think we can still file till July 31st as per July Visa Bulletin (released on June 12)

    This is AWESOME!!!!!




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  • boldm28
    05-19 11:35 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)

    this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..

    believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route



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  • pappu
    09-22 02:07 PM
    I'd like to think it was our media campaign letters that did it :)

    Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.




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  • uscis_prob
    08-15 06:44 PM
    Hi Tom,

    Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.

    Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.

    Its rather a tense moment as I am on my 7th year extension.




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  • waitin_toolong
    10-23 05:40 PM
    it looks like you have been distracted lately and not following USCIS updates.

    first Ap and EAD have nothing to do with each other and USCIS has stated that they are working hard to get EADs out as the law requires them too. Some people get their EADs a day or two before their receipts.

    The priority is issuing EAD and USCIS ha been working hard at it, so dont fret




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    05-14 11:38 AM
    If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
    The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.




    payur
    03-11 08:11 PM
    Ok, here is the response from my lawyer:

    "You can give back both but make sure that you have a photocopy in your
    file. Actually, the 2 I-94 cards have the same number."



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