american idol haley and casey (2025)

Desertfox

01-02 03:12 PM

School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!

desi3933

06-10 04:53 PM

Hello Attorney,
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

If incorrectly classified? Is there any legal option this mis-classification be corrected?

Thanks a lot in advance for your time.

It is 30 days since the posting of this question, and not a single reply from any attorney.

Let me repeat my understanding on this question -

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INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
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Have a good day!

______________________
Not a legal advice
US citizen of Indian origin

chanduv23

04-21 04:27 PM

Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.

Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.

But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".

Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.

So what is the status when one files MTR? It is not defined.

Thats exactly why I said " An Attorney will be able to explain"

My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.

newbee7

07-05 01:05 AM

From 07 report:

Case Problem Processing
1. How to Submit A Case Problem
The Ombudsman�s website, www.dhs.gov/cisombudsman, provides detailed information on how to submit a case problem:
First, please write a letter or use DHS Form 7001, which was accessible on the Ombudsman�s website as of June 6, 2007. If writing a letter, please provide the following information in the order below to assist in identifying your case.
� For the person with the case problem, please provide the person�s: (1) full name; (2) address; (3) date of birth; (4) country of birth; (5) application/petition receipt number; and (6) �A� number;
� The USCIS office at which the application/petition was filed;
� The filing date of the application/petition; and
� A description of the problem.

Finally, please mail your case problem, including your dated and signed letter and copies of documents relevant to your case inquiry, to either of the following addresses:

Via regular mail:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225

Via courier service:
Citizenship and Immigration Services Ombudsman
ATTN: Case Problems
U.S. Department of Homeland Security
245 Murray Lane
Washington, D.C. 20528-1225

imneedy

05-22 05:21 PM

Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?

Let's hope :o

riteshc@gmail.com

09-05 05:52 PM

My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

Any comments/ assistance would be most appreciated.

Thanks

drona

09-10 02:19 PM

fromnaija

12-16 12:08 PM

I got it correct yesterday .
Thanks for the advice.

For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!

mirage

04-08 02:40 PM

On Page 3 they say total Employement based preferences number was 162,176

Than on page 6 they say total Employement based preferences number was 147,148

nyte_crawler

03-06 01:47 PM

franklin

09-11 05:12 PM

I ordered mine last week, but they still haven't arrived.

How long did it take those who have them already to arrive?

nashim

08-14 01:08 PM

mahujam

07-29 03:13 PM

sobers

02-08 02:58 PM

Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/

Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

"Instead of arbitrary caps, a market-based approach that responds to demand is needed."

The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

Craig Barrett: America should open its doors wide to foreign talent

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IV Moderators- please use this information in your presentations.

cygent

09-15 03:05 PM

rajsand

10-04 09:58 AM

rb_248

01-08 02:46 PM

I read on www.immigration-law.com

01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform

Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.

http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html

H.R.264

Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.

Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Text:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:

I don't think they will act on this until the economic issues are resolved.

rockstart

05-28 12:21 PM

nihar

11-23 09:45 AM

frostrated

07-06 03:36 PM

you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.

Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)

edaltsis

07-23 07:14 AM