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  • singhsa3
    08-13 06:15 PM
    Good try though!
    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?




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  • EndlessWait
    12-07 03:03 PM
    bump /\/\




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  • justin150377
    07-01 02:48 PM
    I'll join..I'd only have to go back to Canada. I can understand why the thousands on here would not. However, Canadian permanant residency is easier to get, anyone applying for it?




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  • gc_in_30_yrs
    11-29 01:53 PM
    :rolleyes: i am there with you now. i dive into the pool to do whatever i can in my powers to help us out of this mess.:rolleyes:

    i am in austin, pm me for my info.



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  • mallu
    12-18 08:30 PM
    Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.




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  • lazycis
    06-06 01:22 PM
    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.

    You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.



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  • delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..




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  • GCHope2011
    09-12 11:01 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.
    Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.

    Which means that all status and benefits that are based on the underlying I-140 petition become null and void.

    You should definitely consult a lawyer to understand what options you have now.



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  • martinvisalaw
    04-19 02:37 PM
    USCIS also has guidance on its website here (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=cab23e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=cab23e4d77d73210VgnVCM100000082ca60a RCRD)

    **************
    Special Update: Relief for Foreign Nationals Stranded due to the Icelandic Volcano Eruption

    Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.

    Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.



    Extend My Stay

    If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

    You may apply to extend your stay if:

    * You were lawfully admitted into the United States with a nonimmigrant visa
    * Your nonimmigrant visa status remains valid
    * You have not committed any crimes that make you ineligible for a visa
    * You have not violated the conditions of your admission
    * Your passport is valid and will remain valid for the duration of your stay

    You may not apply to extend your stay if you were admitted to the United States in the following categories:

    * Visa Waiver Program
    * Crew member (D nonimmigrant visa)
    * In transit through the United States (C nonimmigrant visa)
    * In transit through the United States without a visa (TWOV)
    * Fianc� of a U.S. citizen or dependent of a fianc� (K nonimmigrant visa)
    * Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

    For information on how to apply, see the �How Do I: Guides for Nonimigrants� link to the right.


    Last updated: 04/18/2010




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  • dagrawal
    02-11 08:26 PM
    I had mixed experience with Chugh firm. Some of their senior staff are knowledgeable, however others doing regular paper work are new and inexperienced. I had to review the H1B petition they prepared, and found more than 10 corrections. Though they had processed my original H1B, during extension filing they miss typed several small things like SSN, Company name (in spite of having all the information on records from original information).

    Also during GC filing, they missed a couple of things on I-140 and Labor. My personal experience is, if your case is simple and straight forward, go with them, but review the application throughly. If your case involves extensive documentation, understand the risk before proceeding.



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  • karthikdurai
    02-01 09:11 PM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik




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  • qasleuth
    04-27 03:27 PM
    pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
    under review - It may once be reviewed fully or partially before requesting for a visa number when available

    what if they are both used in the same sentence for the same case like they did for OP ? :)



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  • h1techSlave
    02-02 10:35 AM
    we must always have a current and valid AP even if we have no plans of travel.

    Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.

    I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.

    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik




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  • sundarpn
    07-07 02:51 PM
    Have a similar question. My 485 (EB3-I was filed in July 2007). Yet to be married and have to bring spouse on H-4.

    My question is around options to keep my spouse here in case I loose my H1b status.

    1. How easy difficult is it to get converted to F-1 visa?. (Does the university / program matter? I guess it would)

    2. Can the spouse start the program on H4 then convert to F-1? Can this be done quickly enough after loss of primary's H1 status? (worst case).

    3. Other thean F-1, what other options are there if primay looses H1 status (i.e. uses EAD).
    thx



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  • ken
    04-10 01:57 PM
    Then its possible.. depending from where GC was filed...

    Call them and lets us know what you find out...


    No my employer is not florida based




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  • shukla77
    01-19 09:01 AM
    Filing Date: October 25 '06
    Status Pending
    --------------------------
    Efficiency of NSC is real shame. I heard sometime back that NSC has huge backlog compared to TSC. That is why TSC cases are getting approved in 1-2months and at NSC average time is 5-6 months. I guess they are forcing people to convert to PP.

    Good Luck to all.



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  • larmani
    10-05 02:41 PM
    I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.




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  • sledge_hammer
    06-29 02:42 PM
    My attorney clearly said she cannot get to my file until the end of the first week. She assured me though that she will be able to file it by July 15th.

    They are overwhelved with cases, and they are working weekends also.




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  • nsync1979
    06-18 03:08 PM
    thanks chanduv23 !!




    looivy
    07-17 01:34 AM
    I can re-apply, but my 485 is already approved on July 8th!

    Sorry to hear that. What does your lawyer have to say?

    Also, why did they not inform you until now. You must have filed hers around Feb 2005.




    FOR_LIBERTY
    11-13 10:58 AM
    Folks,

    I have recently moved to Houston. Count me in as a member of Texas chapter.



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