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Hello Rajiv,

Here is a quick summary of my case
I was graduated in Dec2007 and applied for h1 in 2008 and got it approved after which i came to india for vacation and went to chennai consulate for change of status i.e. from F1 - H1b. They issued me 221g and told that they would send my h1 petition to USCIS for verification its 3 mnths i have been waiting to hear from there. Now my question is If i go for F1 stamping
My questions are:
1) Can i apply for F1 visa while my H1 is pending.
2) Will they decline my H1 before i get my F1
3) What are my chances of getting F1 while my H1 is under pending.

Thanks in Advance
 
I-539

Hi Rajiv,
Thanks for your help. I am planning to apply for extension of stay for my visiting parents, who are in B2-Visitor visa. I have the following questions:

1. What are the additional documents that might be useful other than I-539,
statement & I-94?

2. Is there any deadline ( like so many days before I94 date) for applying the extension?

thanks
mir_0907
 
Hi Rajiv,

1) Got I-140 (EB3) approval from Company 'A' in April 2006 with PD of July 8, 2002.
2) Got I-140 (EB2) approval from Company 'B' in Nov 2006 with PD Aug 06. We requested to retain Old PD, but this approved I-140 didn't reflect old PD. We attached Old approved I-140 with new I-140 petition.
3) Applied I-485 (EB2) from Company 'B' in Nov 13, 2006 requested to retain Old PD of July 8, 2002. We attached both Old and New I-140s. We were eligible to apply I-485 based on Nov 2006 visa bulletin as dates are available for Old I-140 date.
4) Received RFE on March 23, 2009 for employment offer letter from Company 'B' and responded on April 15, 2009.
5) Received Letter on May 13, 2009 saying they can't use old PD as it has been with drawn from Company 'A' in Aug 14, 2007.

We applied I-485 in Nov 13, 2006 and Old I-140 has been withdrawn in Aug 14, 2007 which is 9 months after we applied for I-485. We were requesting USCIS/TSC to retain old priority date from the day we applied for new I-140, but never received acknowledgement.
Is there any possibility that we can fight with INS and get our Old PD back (July 8, 2002) and get GC approved.

Never worked for company 'B'. They applied my I-485 as future employee.
Working for Company 'C' from July 2007 on AC21. Sent AC21 form already to USCIS.

Your advise is the only option that I have. Please advise how do you want us to proceed. If your office deal with this case, I wan to go with you.
Thanks,
Ramesh.
 
RFE subsequent to wife's adj of status interview - marriage certificate and income tax return

Hi Rajiv
Thank you for your service. I am a US citizen and am sponsoring my wife for green card. We jointly went for an interview at the bureau of immigration for adjustment of status. We later received request to submit following documents:
(1) Marriage certificate from the local/registrar office in India where we got married OR a "non-availability" certificate: We had not registered our marriage in India but had later taken a certificate from the indian consulate in San francisco, that we were told is not sufficient proof. To get marriage certificate in Chennai (place of marriage) from the registrar's office, we are told we need to be present in person. Further, there is no provision for them to issue a non-availability certificate. What alternatives do we have without having to go to India. We have less than a month to respond?

(2) We also need to submit 2008 income tax. It was a married-joint filing but did not show any income for my wife. She was on the rolls of a company that sponsored her H1 but was not getting paid as she did not have a project for a full one year. So there was no income to show and hence no W2 for the entire year. Will that cause a problem since she was on an H1 but was not getting paid? Will that be considered out of status and hence might create issues for us? Please advise

Again thank you very very much. You are doing a great service to the community.

Best Regards
-Sub
 
Time to file I-485

Rajeevji,

I am on H-1B and my I-140 was filed in Dec 2007 and subsequently approved ( in the EB-3 category)
When can I file I-485?
Is there a website to look up this information online

Please help
 
H1 being terminated, is it legal to stay in US while waiting for I-539 for F1 approval

Hi Rajiv,

I am on H1 and begin terminated May 22nd. Before joining the present employer I was already pursuing doctoral degree on F-1 and was still on-going while on H1.
Date on I-94 : sept 25, 2011


I will be filing I-539 (change of non-immigrant status) application to convert back to student status.

Q1. While that application is in pending status, do I have to leave US?
Q2. The university is willing to offer me assistantships, however while the F1 is not re-instated can I re-join my program officially. Is there any way I can be in US (preferrably also rejoin my univ. program) while waiting for I-539 approval.
Q3. If university can assign me an I-20 immediately why should I need to wait for F-1 visa unless I plan to leave US and re-enter?

This is very urgent as I am unable to get a clear answer from university or online forums for whats legal and I need to make some decision if I have to leave US for several months while waiting for my F-1 authorization.

Thanks,
Ritesh.
 
Citizenship and marriage questions

Dear Rajiv,

Thank you very much for the service you are offerring to the community.

I had filed N400 application (Dallas based) in Sep 08 and got married with a girl in India in Dec 08. I had rescheduled the interview data that i had got in Dec because i was traveling to india for marriage. I finished the interview on Mar 13 and waiting for the Oath. They had a query requesting for more information on a motor vehicle accident that i had in 2007... Which was a minor one but for some reason they thought it is an arrest. So i sent the RMV report clarifying the same.. and just waiting for their response.

I have the following questions.

1. I had filed N400 as Single status and now i am married.. What to do now ?
2. Hopefully i will get the Oath done and get citizenship soon. What are my options in getting my wife here. How soon i can get my wife here ?
3. Do i have to get married again in the US or do i have to register in india and file some visa ?

Please give me all the possible options i have in this current scenario off mine.

Thanks very much.
 
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