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  • subhasree
    11-14 11:29 AM
    Hi all,

    This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
    Your reply will surely bring peace of mind to me.


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  • eb2dec2005
    10-16 02:20 PM
    Well, iam in the same dilemma. I was out of country for 3 months since March and out of job since then.I recently took up a permanent position.I did not inform my employer about it.The new employer is willing to give the offer letter which is needed for invoking AC21. I do have a copy of the approved
    I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.

    Is it a good idea at this point to invoke AC21 ?

    Please pass your valuable suggestions.

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  • brij523
    02-17 10:59 PM
    Sent you a PM

    Thank you.

    Any IV core member will like to join the call? It would be better.

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  • spgtopper
    02-03 09:41 PM

    I really appreciate your urge and energy for this. We need more and more people like you as volunteers.

    I read section 313. I agree with logic life. You should have the ability to transfer to F4.

    It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.

    If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.

    Meanwhile, see if this helps:

    313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."

    The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)

    So, what is the problem?



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  • PD_Dec2002
    07-05 04:53 PM
    jonty_11, sundevil:

    Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?

    What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?

    You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!

    Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?

    Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.


    P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.

    Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.

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  • Aah_GC
    12-13 12:11 PM
    Guys, you don't have make fun of this person. If you don't like it let it go.

    Those weren't exactly stomach aching puns either.


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  • rbalaji5
    10-16 07:01 PM
    Wish you & your family a very very happy, healthy, recession free and prosperous Deepawali !!!

    Sorry IV-ians -Story deleted due to bad comments.

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  • namm80
    10-02 12:20 AM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.

    I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.


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  • Jipjap74
    04-23 01:14 PM
    I haven't received it yet. I was looking for anyone who had a similar situation. Why would they require more evidence for a 3 year old boy??? They approved the rest of my family yesterday and sent cards for production notice but my 3 year old got an RFE.

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  • pappu
    04-10 01:57 PM
    I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.

    Thanks for updating the profile

    We have asked for a multi year EAD and AP.
    Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD

    The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays


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  • sanju_eb3
    03-27 12:54 PM
    May be we need to run our salary against the Cost Of Living Index to get the fair picture.


    Unfotunately, there is no way to poll more than one option.

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  • rockstart
    04-16 01:52 PM
    You can appeal the decision and other stuff to get temporary repreive. But its your decision. Say if your GC gets denied for criminal past or for failing one of the rules set up then whether you are on AOS or H1-B it is pretty much end of story for you. The only advantage you have being in H1 is you get time to wrap up your stuff in US leasurely till your H1 is valid because I am sure by the time your GC is denied you will also have exhausted your 6 years on H1 and so your next H1 extension will also get denied. There is nothing you can do in case of criminal past to negate it. If AOS is denied for 140 related issues yes there is a second chance. But the decision is entirely yours


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  • panacea
    08-04 02:25 AM
    what does EAD /AP has to do with this?

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  • ski_dude12
    05-03 01:21 PM

    Your advice in this case would be very helpful. Consider the following scenario-

    1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
    2: What happens to my H1 if the I-485 gets denied?

    I guess in short the question is-

    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?


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  • sss9i
    08-09 11:35 AM
    What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.

    We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.

    Update from

    USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)

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  • cygent
    07-01 04:45 PM
    20K that what it cost you so far ??? that is way too expensive.. I agree how can a poor laborer afford such fees ?

    I am single & have invested $14k towards GC (old labor RIR itself $6,900/140/485/ead/ap/premium fees) & still counting (coming up $1000 for H1 extension, $700 ead/ap renewal). And to think initially my Attorney quoted $7,500 :mad: for the entire process, then manipulated to the current fees.
    If I had known all this b4hand, would have just found someone to marry years ago. Now I cannot afford a decent apartment/stable address with all these hurdles. :mad:


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  • F1_doubt
    05-10 05:20 AM
    Hello all, my scenario -

    Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.

    Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?

    note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.

    Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.

    Thank you

    P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!

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  • bombay
    02-05 08:10 PM
    I came across comments that H1 to EAD is one way. So its better to be in H1 rather than being in EAD. The expenses may not be great even you have to shell out some dollars. If you wish to change jobs and get around 30% increase use EAD.
    I attended an interview that i have EAD then when it came to negotiations on salary i accepted the little lower offer and asked them to do H1B transfer. It works....

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  • Lollerskater
    09-26 12:03 PM
    Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.

    Thank you very much. I believe the same thing but wanted to check with you guys to be doubly sure.

    are u saying fragomen is no good?

    In no way, good sir. They are awesome in my books.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.

    I don't have the official verdict from USCIS whether my lawyer is "still docked" or not, but I'm sure you can understand my situation. Even if my lawyer were "undocked," would I really want to risk some behind-the-scenes FBI investigation delay? Or even worse, a denial with some bullshit reason?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this never know until you find out the names.

    I do not wish to publicly hurt his business any further than what he has already endured for helping people like us. If you are really that concerned, send me a PM.

    I think I'm in an interesting situation which could benefit future IV members. If there are any further comments, I would love to hear them.

    10-30 02:33 PM
    Read this -

    What does taking Infopass mean?

    Thank you.

    Robert Kumar
    02-24 03:18 AM

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.


    Good Q. What happens in this case.
    Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
    Anybody waiting for 6 months for h1B approval.
    Thank You,

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