frostrated
08-05 03:07 PM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.
Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
Though that is rarely enforced, it is good to keep in mind.
You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.
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08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
skdskd
08-26 11:56 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
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crazyghoda
06-16 07:22 PM
So step children get the same benefits as dependants. Good to know. I guess if it wasnt so, someone would have raised some issue about it by now. Atleast there would have been a bill in congress.
After marriage he will be your step-son and is eligible for L2 dependent visa.
After marriage he will be your step-son and is eligible for L2 dependent visa.
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lacrossegc
12-11 08:52 PM
Hey how about putting in an ad in craig's list for IV. This would draw more members and hopefully more contributions
pd052009
05-23 09:45 PM
My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.
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zwswim
01-26 03:42 PM
If she will not be able to get F1, what will be her status in USA ?
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billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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Ann Ruben
04-16 09:15 AM
Unfortunately the rules of the PERM process are pretty rigid. It is unlikely that you would succeed in getting the denial reversed and the appeal process could take a year or more. Unless you are beyond your 5th year of H-1 status, your best course is to start the process again.
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rabbitboy33
03-08 07:11 AM
Can the lawyer ask for the missing form; and will it have to be done by the USCIS at the I-140 stage? I was under the impression that only the USCIS can do this?
Thanks. I appreciate all your responses. They have been very useful.
Thanks. I appreciate all your responses. They have been very useful.
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ArkBird
06-08 03:16 AM
Pretty fast as most(if not all) of Apr 01 cases are stuck in P/DBEC...
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andyny73
12-09 10:31 AM
Thank you for your reply.
Andrea
Andrea
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andycool
07-02 10:36 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
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WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
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ashwaghoshk
10-24 02:06 PM
A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.
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GCmuddu_H1BVaddu
06-25 06:09 AM
I don't think anyone around can predict. Post the outcome after your cruise trip.
BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
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pappu
04-06 09:53 PM
Did anyone send her an email yet. Please do if you have not. We need more media visibility for our issues.
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kumaabh
03-08 07:57 PM
I am sorry to hear about your mother's situation but there is no dependent visa for parents. You can probably extend her stay for another 6 months, but eventually there will be a time when by law she would have to leave. I also never recommend that one extends their visitor visa, unless ofcourse there is really an emergency situation. I say this because there is likely more chances for your mother to get a denial, and then she would end up loosing her existing multiple entry visa as well. So, dont take that chance.
Also, in her current situation, how are you ever going to manage medical bills? There is no insurance in this planet that will cover any pre-existing conditions. So, my friend believe me when i tell you this that it is better for your mother to live in india than in this country. I can understand that you are a dedicated son, everyone should be. Your $$$ go a long way in india and you can get the best care for her for the money.
Also, in her current situation, how are you ever going to manage medical bills? There is no insurance in this planet that will cover any pre-existing conditions. So, my friend believe me when i tell you this that it is better for your mother to live in india than in this country. I can understand that you are a dedicated son, everyone should be. Your $$$ go a long way in india and you can get the best care for her for the money.
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icleric
08-07 07:33 AM
oh, and welcome to KF ;)
lotsofspace
01-09 04:29 PM
bump
blake
03-06 11:57 PM
I currently live in Kingsland, GA... right beside Jacksonville, FL
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