Saturday, June 11, 2011

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  • eblues
    09-09 07:44 PM
    Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.

    I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).

    On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.

    My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.

    If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.

    Thank you everyone,
    Pierluigi





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  • pamposh
    08-08 12:33 PM
    Pamposh:

    I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?


    What is your back up plan

    VSC received the application based on the tracking info from UPS.
    Whether they forwarded it to NSC or TSC- I don't know yet.
    based on the question 6 in link below from USCIS, i think they will
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    BUT when I don't know! what will be the receipt date? Not sure!

    No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.





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  • nepaliboy
    05-17 04:41 PM
    Practically not much.

    If FP is for EAD, one is likely to get EAD soon with fingerprints.

    If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).

    FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.

    It is expected that Priority Date and Processing Date will be cause of delays

    so my pd is current now september 2005 row , my rd is july 2nd 2007 , i had not receive fingerprint notice yet but last week i took infopass and io shedule for 28 th may 2008 ,
    after may 28 2008 , after taking fingerprint for my i 485 what do you think they will process my case straight forward ?





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  • pappu
    04-10 12:26 PM
    Hello gurus
    I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
    I am EB3 India, PD Aug 2002.

    I already recieved my EAD,AP

    Let me know your thoughts or if some one else also recieve the same update.

    Thanks in advance..

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • immigrationvoice1
    04-15 10:20 AM
    Which country did you charge your GC to?
    Enjoy the freedom...:)





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  • coolpal
    02-03 03:54 PM
    I really hate to feed the troll...
    But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.

    Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.

    pal :)



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  • raysaikat
    04-25 02:40 AM
    however, you will have to register the marriage in your home country if both of you are non-citizens.


    Where did you get that?





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  • rock581
    07-18 05:32 AM
    Thank you all for replying.

    Well I will surely consult the attorney but they will be too busy now to answer some trivial questions. My attorney doesn't respond soon enough and I might have to take some decisions soon in the next couple of days.

    My spouse got his visa stamped. So he is all ready. I was thinking if my spouse could come on Aug 10th get the formalities done and leave for Canada on Aug 14th and come back after cumulative 365 +4 days are over on Aug 22nd then shouldn't it work? I am guessing he should be eligible to get his H1 next year .



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  • LostInGCProcess
    02-11 02:31 PM
    sidd_k2002, Just move forward and sent the necessary sponsorship letter so that they can go ahead and get the visitors visa. Do you have any brothers and sisters living in India that are still with your parents? If so, they can show that as a reason why they would not like to stay back in US.
    Stop worrying and think positive. Since Graduation is a BIG event and its once in a life-time event, the presence of parents at the honoring ceremony is the dream for every child. Your parents should convey this point to the VO.

    Good Luck!!! Don't worry!!! Don't think too much!!! Just do the right thing!!! Everything should be okay...





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  • ashutrip
    06-15 04:52 PM
    that is not a backlog in the sense of retrogression based backlog. That is like any other processing time for any other type of application
    Chicago is taking 2-3 weeks then y Atl is taking 6 months



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  • fall1998
    05-13 04:17 PM
    Thanks! It seems only a small portion of applicants who are current are pending (only a handful have updated), so it looks like USCIS is working really hard.





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  • Rb_newsletter
    02-23 03:22 PM
    Ofcourse your intention was opposite to H1b's guidance. But in tax returns it is going to be mentioned as just 1099. Everyone who deposited money in savings account will receive a 1099 and will have to report it to IRS at the time of filing. I don't think USCIS is going to drill into this.
    It also depends on the amount on 1099 form. If it is as big as your salary say 60K/80K then it may catch the attention of the people.

    Hey I am not an attorney and above is just my opinion. You should definitely consult with an attorney.



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  • add78
    05-01 10:49 AM
    I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

    Thanks,
    Ag

    1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

    2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.





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  • sodh
    07-18 03:21 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!
    Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.



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  • royus77
    06-21 08:48 PM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.


    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?





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  • ihabosman
    08-13 11:52 AM
    Thanks for the update - Lets give them 1 more week for clearing July 2nd.
    They are human beings too like us.

    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?

    Thanks!


    Not so........According to my lawyer, they just received my I-765 receipt. Ironically my I-765 was filed in conjunction with my I-485 and I-131 applications on July 2nd!!!.....To deepen the mystery, they also received my wife's I-131, which was also part of her I-485 application!!!...... USCIS data entry practices are definitely intriguing to say the least...:confused:



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  • txh1b
    04-16 06:32 PM
    Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?

    If your PD is current and a visa number available, they should be approving the petition soon after.





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  • Axilleus
    10-24 08:43 AM
    Finally! Last night at 8:00 pm EST I received an email from CRIS saying that the Card production was ordered. That is awesome.
    I assume that I should get the card in about 5-10 business days.
    Does anyone know how long it takes to get the EAD after the card production is ordered?





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  • wandmaker
    04-28 08:50 AM
    what if they are both used in the same sentence for the same case like they did for OP ? :)

    My best guess is :D

    pre-adjudicated under review = it is not over yet :)





    gc@waiting
    09-30 08:58 PM
    Does anyone have any idea as to if "YATES MEMO(on being able to use AC21 with a pending 140 for 180 days)" is still relevant or overridden by any subsequent memo/law?





    indio0617
    01-08 02:53 PM
    Hello,

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,

    They can apply together as Husband and wife. They will have to go through the normal procedure for a visitor visa B-2. The important thing will be to prove their non-immigrant intent to the consular officer and that they WILL return to INDIA after their temporary stay.

    I would say it is a 50 -50 chance given their profile.



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