eblues
09-09 07:44 PM
Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.
I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).
On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.
My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.
If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.
Thank you everyone,
Pierluigi
I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).
On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.
My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.
If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.
Thank you everyone,
Pierluigi
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askreddy
02-23 10:38 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
mk26
04-26 02:18 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Can you please clear your point for asking these here ?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Can you please clear your point for asking these here ?
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indianabacklog
04-15 12:51 PM
This action simply contradicts the entry on visa waiver. This allows people to visit (ONLY) with no intention of staying.
Coming in before you know your L visa is going to be coming is fraudulent.
If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.
Have to say this person is going to need some assistance at some point to explain this away.
Coming in before you know your L visa is going to be coming is fraudulent.
If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.
Have to say this person is going to need some assistance at some point to explain this away.
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pcs
12-31 09:16 PM
I tried it a lot but could not find it. Actually a lot of us have this situation, where we want to change jobs as the market changed for good.
If you could tell me which thread has this info, it will be wonderful
Have a great 2007
If you could tell me which thread has this info, it will be wonderful
Have a great 2007
WeShallOvercome
08-27 06:32 PM
I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
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x1050us
06-25 09:29 PM
My H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
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samcam
05-19 10:57 AM
Welcome to our newest member TheHumanist
3869 and counting!!!
3869 and counting!!!
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Jyotsna
10-13 11:01 AM
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.
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mhtanim
06-08 02:44 PM
Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009
My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009
My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.
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vsoni
03-31 10:05 AM
This is strange � I was in the same situation you are now few months ago. I had expired visa from company A and I change to company B �six month ago I got visa stamped by Halifax Canada office. I had company visa expired less then one year. I don�t have any AP at that time, may be I am lucky.
I don�t know if any rules changed since then.
I don�t know if any rules changed since then.
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krustycat
10-30 10:00 AM
No activity at all
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sanjay
09-08 05:54 PM
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
@Sanjay
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
@Sanjay
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
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whitecollarslave
02-10 02:20 PM
Thanks for the uplifting message. The problems are many. Lets think about the solutions.
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painful_GC
03-10 07:59 PM
Hi many thanks again..how long does it take in total for COS from H1B to L1B ?? and then to get an EAD ??
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webm
10-01 12:04 PM
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
In this case is it not their duty to send FP notice and reason for not approval delay?? Its really a crazy situation esp during one's PD current and visa's available before its U or retrogresses...:( Damn CIS..
In this case is it not their duty to send FP notice and reason for not approval delay?? Its really a crazy situation esp during one's PD current and visa's available before its U or retrogresses...:( Damn CIS..
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lazycis
06-06 01:22 PM
Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.
You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.
You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.
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milind70
07-26 09:39 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
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gcfriend65
01-19 07:44 AM
Mine was filed on May 01, 2006 EB-2 and I am still waiting. I has been close to 9 months now. I also logged in an enquiry 35 days ago, but still no reply. Worried as what to do. Do, I convert to Premium?
viswanadh73
01-04 01:19 PM
thanks
satishku_2000
09-05 05:33 PM
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
My point was people from countries that require Special registration have higher chances of getting struck in the name check. Dont ask me for the proof .. Its just a wild guess I am making . I may be wrong too
http://www.isss.umn.edu/INSGen/INSspecreg.html#who
Going by the things I think people from certain countries will be scrutinized under microscope.
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