May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
ISO is the one which updates the SEVIS database. Since you claim its their mistake, you should approach them for advise on this as well. I have heard that voluntary work (no pay) in your field of study can help you to maintain your status and not count days towards the 90 day unemployment rule. If true, you can pursue that option as well till your job starts on Sep 1.
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Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Yes you need to make sure that all documents have consistency in names and dates. As far as your second question goes USCIS has space for just one address which should be your current address. So as long as you can prove that the address listed in CIS system is the most current address then you are fine. There is no law or no way to provide multiple address. Just make sure you can prove that address on file is your primary residence.
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Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
I saw the case status online and it says "Request for Additional Evidence Sent".
Actually I wanted to know if one doesn't go out of the country and stays back in the US, and remains unemployed for whatever reason for say 6 month or more- medical, personal etc or perhaps just take a break.
As long as you have things to explain when you are up for naturalization. I know some who quit their jobs a few months after getting GC to go back to school.
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
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Thanks for your time on this post. I appreciate your responses.
I have a question regarding AP. I have AP's based on my pending 485. Recently i traveled to India (on a family emergency) using my AP which was issued in 20th Nov 2008 valid till 19th Nov 2009. I had no issues & got thru JFK using the same.
I was out of US from Sep 23rd thru Oct 24th 2009.
Before leaving US I applied for my AP in early Sep, which got approved by Sep 29 and was in my mail box by the time I arrived. The New pay roll has validity from 20 Nov 2009 until 19 Nov 2010.
My question is, I may need to travel to India again for couple of months that is some some time near 5 Nov 2009 & will be back by Jan 2010.
Do you guys foresee any other issues? , I herd that the AP is NOT valid if you are out of the country.
AFAIK, your new AP is valid and usable; get a second opinion from an attorney. Re-post in attorney's section.
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Since then it has been a harrowing time for us. It has been 6 weeks, since then and we still have not heard anything. We have tried contacting the consulate using phone, email and at times my wife personally went to the consulate but she was not allowed to enter. We do not hear anything back from them.
I can understand a couple of weeks, but now its more than 6 weeks and counting. We have already cancelled her and my son's flight tickets once. We have rescheduled my son's doctor's appointment. This delay is having a domino effect on our lives.
My question is - Is there anything that we can do to expedite this process.
Thank you looking at this thread
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I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
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My guess is that 120 day rule applies to EAD only, and not AP.
You can renew EAD after it has expired, but again it is recommended to at least send in the application BEFORE the expiry date.
I am having my EAD and AP and I am not using my EAD.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
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I was laid off from GC sponsoring employer and my previous attorneys may have withdrawn their G-28. Now I have started working for new employer but have not filed for AC21 yet. The new attorneys have sent G-28 forms (so they claim).
Now I really want to move from the place where I am living so that my commute is shorter for my new employer and am also having lot of problems in the apartment condo where I live. But my concerns for moving are:
1) Does submitting Ar-11 online , update the address for your pending I-485 also? I have read few stories on the net that people who moved during I-485 and also updated their address still got an RFE at old address OR even worst the USPS returned the notice saying the person does not live there anymore
2) I have also heard that sometimes the new G-28 forms does not reach your file and RFE/ NOID may goto old attorneys .
I have these two concerns because my previous employer is going to revoke my I-140 which is going to result in straight denial of I-485 and even if I need to file MTR I may not get the notice in the mail because I may have moved.
Is there anyone who has been in this situation or moved after filing I-485 and successfully updates their addresses so that they get any RFE/NOID/Denial at new address.
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I did not get back any responses. So I am posting it again. Can someone please advice?
My PD is EB2March 2005.
My position titles are not same though the job is similar.
My salary is 35% more
Please advice if it is too risky to file for AC21
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As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
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Here are the details...
Received GC in 1999. Last year when I tried to get a re-entry permit (I-131), US CIS mailed me a notice saying that my GC had the wrong A-number on it (US CIS administrative error), and needed to be replaced via I-90.
The notice also said that while waiting for the replacement GC, I could go to the district office, obtain a temporary GC, and then re-file for I-131.
So in January 2007, I filed the no-cost I-90, where the reason was, "My card was issued with incorrect information because of a USCIS administrative error. I have attached the incorrect card and evidence of the correct information." The application included the original GC with the "bad" A-number, and was sent via certified mail, receipt requested. Later, I received a confirmation from US Mail that the application was delivered.
Subsequent multiple requests to US CIS produced the response, "We have no record of your application". Subsequently mailed copied of the I-90 application, produced a response, "denied, your did not include a GC with your application".
I did another "Service Request" with US CIS yesterday, and am pretty sure the response will be the same, "We have no record of your application".
What would you suggest as the best course of action? Just file a full cost (about $300?) I-90 declaring the GC "lost", and forget that it was the US CIS error?
Thanks for any help!
He is 3 years old and we verified every thing...lawyer also verified.
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