LONGGCQUE
03-31 12:48 PM
done
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gg10004
07-13 10:45 AM
^^^^
gg10004 - Great news !!!
Keeping fingures crossed
Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.
gg10004 - Great news !!!
Keeping fingures crossed
Lawyer already fedexed July applications yesterday and is recommending the same to all his applicants.
dilbert_cal
10-08 11:51 AM
If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
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dumdum
09-22 10:58 AM
http://hammondlawgroup.blogspot.com/
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waitnwatch
05-06 01:49 PM
It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
gc_chahiye
08-14 02:06 PM
I am in a similar position and am going to wait till the end of the year for the AP. I am hoping to be able to go for the H1B stamping with the AP. So if there is any problem with the H1 I can atleast re-enter using the AP. Its a nice backup...
more...
tabletpc
09-16 05:23 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
[QUOTE=
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
[QUOTE=
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]
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Slowhand
08-16 04:57 PM
It is known that many employers and their attorneys do not provide their employees with the 485 receipt number. To avoid unnecessary trauma and strain on the employer-employee relationship, we should request USCIS to send a copy to the applicant whether 485 was filed with or without G28.
more...
ivorycard
06-16 09:31 PM
I recently moved to Cincinnati, OH.
My I-485 was filled in TSC; when I did an e-file today for I-131, the receipt confirmation documents to send it to TSC.
All other documents on the uscis site suggest sending it to NSC based on OH State.
Any suggestions will be appreciated.
My I-485 was filled in TSC; when I did an e-file today for I-131, the receipt confirmation documents to send it to TSC.
All other documents on the uscis site suggest sending it to NSC based on OH State.
Any suggestions will be appreciated.
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go2roomshare
01-03 05:13 PM
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
more...
d123
09-25 11:34 AM
My wife recieved AP which was approved on 30 Aug. They approved mine on Aug 31. I have not recieved AP yet. My attorney advised to wait for 30 days.
-D
-D
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GCIsLuck
10-05 01:54 PM
I received IRS tax audit check for year 2005 last week. I guess mostly I can defend my audit and I have scheduled an appointment with IRS tax manager for next week
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
more...
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sc3
10-07 02:37 PM
You've ever heard of kamikaze missions help by Japanese pilots during world war 2?
They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.
Go figure!
Whatever side you are on, there is no way you can liken kamikaze mission to a suicide. Kamikaze mission was of bravery, people willing to die for their countries -- that is the ultimate sacrifice. People committing suicide are just cowards who aren't strong enough to face life problems thrown at them. I am sure a lot of us here have lost investments too, but we are going to pick ourselves up and continue to make our lives -- not end it.
They were suicide missions to bomb American targets (like Pearl Harbor) knowing very well they will not come back alive. They would crash their planes into enemy targets laden with a lot of explosives.
Go figure!
Whatever side you are on, there is no way you can liken kamikaze mission to a suicide. Kamikaze mission was of bravery, people willing to die for their countries -- that is the ultimate sacrifice. People committing suicide are just cowards who aren't strong enough to face life problems thrown at them. I am sure a lot of us here have lost investments too, but we are going to pick ourselves up and continue to make our lives -- not end it.
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anilsal
08-27 12:51 PM
from IL who have not yet registered?
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sri1309
08-14 07:32 AM
Dear IV,
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
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JunRN
09-21 04:45 PM
Yes! If there's nothing wrong in your EAD application (which should be none because USCIS received it), expect to receive your EAD approval on the third to last week of October.
NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.
NSC is already approving July 2 EAD applications as of the moment; therefore, your case is very near.
more...
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Leo07
12-10 09:26 PM
I missed the train too...Now I don't want to miss the omnibus.
Please contribute to IV and reach your goal!!!
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
Please contribute to IV and reach your goal!!!
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
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kirupa
03-18 08:35 PM
I am always hungry, so I had to vote for omnomnom :P
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gcdreamer05
08-05 05:30 PM
what kind of logic / law is here, if you are a US citizen you can marry and bring your spouse, if you are on pending 485 you can bring but if you become LPR you have to wait for 5 years......
Is there any background for this restriction......... looks stupid to me.:mad:
Is there any background for this restriction......... looks stupid to me.:mad:
chandrajp
08-24 10:29 AM
NatrajS - I got my FP notice - its scheduled for 1st week of Sep.
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
maheshf
01-24 03:32 PM
I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
My questions is:
1) Can she continue working on her Thesis on her EAD and AP ?
2) What will happen to her f1 if she use EAD
In response to these questions my Lawyer said
1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.
2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.
What do pro�s think..:)
