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Some more opinions :) Don't give up. Four years is a really long time to wait and then give up. Have you read this article: http://www.ilw.com/articles/2005,0118-guevara.shtm My heart goes out to you. Good luck!

My Opinion, Not Legal Advice Ability to pay is a complicated issue. The burden of proof is on the employer to show that the company can afford to pay you. However, I don't think just bank statements are enough to prove this either. Your lawyer should put together a strong and convincing case...

Just my opinion...not legal advice Even though some replies to your post indicate that you cannot apply for adjustment of status if you are out of status, I think that is wrong. Even the employment based category gives you 180 days grace period to file adjustment of status based on 245 (k)...

You should speak to an international student advisor. However, as far as I know, you have to complete 12 months of full-time study to be eligible for opt.

It could be ability to pay, education requirments, problems with past experience letters, etc...good luck!

http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html :( Bummer!

Hi everybody, We received an RFE for ability to pay. The RFE was regarding the 2006 tax returns because the company reported a net loss. However, the net loss was derived after depreciation was deducted from the gross profit. In actuality, the company actually made a net profit much larger...

Wow, that sounds like terrible news. Good luck to you. However, as far as I know, USCIS is not accepting any applications for EB categories this month (atleast until Oct 2007). How are they going to have them accept your application?? I hope everything works out in your favor...by the way...

Same issue with me. Since the attorney didn't say anything, I assume it's no problem...(my received date is 6/19/07)

My lawyer answered "no". I was wondering the same thing...please let me know if you get any answers regarding this matter. Best of luck.

I'm not sure, however, I remember a post in this forum indicated that the receipt number would be on the back of the cleared check issued to USCIS.

A friend of mine was in a similar situation. In order to remove the conditions, he had to prove that he entered the marriage in good faith. He had lots of evidence of that and a good lawyer. He received his 10 year card just recently. Consult with a good attorney and see what he/she says...

Why was opt denied?

Congratulations....the wait is finally over and you can FINALLY move on with your life!!!!!!!!!!!!!!!! Good luck...

I know how you feel...after 2.5 years, we found out our attorney filed for the labor certificate in the wrong category (other workers) and now everybody is current and we're still stuck waiting...it's totally unfair. Life sux.:mad:

If you remain F-1 and register for the Master's Program, you will receive a new I-20...therefore, you will not have to leave the US (you'll be in status). However, if you leave the country, you will have to apply for the visa stamp abroad as an F-1 student. If you change your status to H-1...

Didn't they stop premium processing on i-140s utilizing labor sub?? I may be wrong but may be you should search some immigration websites.

http://www.aila.org/content/default.aspx?docid=22481 There is information about the pending litigation on aila's website. It doesn't look too good for those of us filing after may 2007. :eek:

Hi staaram, Well, I deleted the posts because I felt bad for my lawyer :( ...but a fellow forum member sent me this: (e) Retention of section 203(b)(1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien...

:eek: :eek: Ok I'm about to have a heart attack...does this mean we are filing i-140s for no reason (if it's after the may cutoff date) once the bill is enacted?? Or once the bill is effective?? AAAAAAAAAAAAAAAAAA...too bad we're not illegal...we would have more rights that way :(