skarthy
09-10 10:34 AM
Thats the same issue I have. My H1 is valid till 2010 and if I use AP now they will give it till Nov'2009. would I need to apply for H1 extension before my I-94(parolee) expires so that I can have an I-94 that is valid ?
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
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diptam
07-01 03:21 PM
The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
mittal_ravi
09-23 08:01 PM
I am Aug 1st filer ( Nebraska) and still waiting on check encashment or any kind of response.
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glus
12-27 03:05 PM
Hello Helper!
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
more...
gchopefull
12-17 12:48 PM
did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
sorry for the last post and thank you in advanced for your response
sorry for the last post and thank you in advanced for your response
Soul
04-28 10:50 AM
Kit, you just copied my vote :P
- Soul :s:
- Soul :s:
more...
immi_enthu
04-17 11:05 AM
I am not an expert but I would think by the way USCIS works you would be better off (in terms of time) starting a new application than trying to amend an existing EB application with them.
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gg_ny
09-20 05:24 PM
Or try emailing or calling them from here. It helped me a bit.
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
more...
LostInGCProcess
09-20 12:13 AM
Look at this guys..Spain sending the Immigrants back to Home country because they dont want to pay the unemploment benefits in bad economy..
http://www.msnbc.msn.com/id/26792948/
I like this plan...lumpsum amount and a ticket to your home country, and can get back after 3 years...wow! its a good plan. :D
http://www.msnbc.msn.com/id/26792948/
I like this plan...lumpsum amount and a ticket to your home country, and can get back after 3 years...wow! its a good plan. :D
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Venkat_175
04-08 11:40 AM
It looks my ex-employer us not going to take any action as they are getting some business from the client. Thank you very much for helping me.
Regards,
Venkat.
Regards,
Venkat.
more...
Jerry2121
07-02 02:29 AM
My I-485 was filed on Dec 1, 2006. I called USCIS and had info pass and they told me that my name check is not clear. I talked to one lawyer and he is going to charge me 3500 for WOM. He has pretty good success rate. I am reading forum where they say it is better to wait minimum 2 years. Has anyone heared any case where wom is filed after one year and it was successful. My priority date is current.
Hi,
How did your WOM go? I will be filing mine soon. Any info. that i should know? My I-485 has been pending for 3 years after my refiling. Neither my EAD nor my Driver's license can be renewed at this moment. Please help.
Hi,
How did your WOM go? I will be filing mine soon. Any info. that i should know? My I-485 has been pending for 3 years after my refiling. Neither my EAD nor my Driver's license can be renewed at this moment. Please help.
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snram4
01-09 07:49 PM
First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
more...
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logiclife
06-20 02:26 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
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theconfused
12-14 11:59 PM
Dear All
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
more...
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mhtanim
08-08 05:39 PM
This is odd! California Service Center has stopped processing EB I-485s long time ago.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
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goel_ar
12-21 10:50 AM
Do not ask us to send junk emails or sign some useless online petition though in your action item.
lol - never.
Just use available tools to educate people using simple terms. Using 6-degree rule we should be able to reach lots of people.
-- My first idea is to use facebook to run a campaign - prepare a literature - 8-10 point about EB based immigration & everyone post on their facebook page ..with an easy click (if they support) for readers to post on their walls : posting on wall == supporing it. then see how many people support us .. idea is to reach the masses....
thats it the initial plan...
lol - never.
Just use available tools to educate people using simple terms. Using 6-degree rule we should be able to reach lots of people.
-- My first idea is to use facebook to run a campaign - prepare a literature - 8-10 point about EB based immigration & everyone post on their facebook page ..with an easy click (if they support) for readers to post on their walls : posting on wall == supporing it. then see how many people support us .. idea is to reach the masses....
thats it the initial plan...
more...
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dogking
03-20 12:23 PM
Does anyone know the time frame of WISH and Talent bill?
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ramnadhan
12-12 09:20 PM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
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LostInGCProcess
02-04 06:30 PM
thx vhd999,
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
saileshdude
08-26 03:20 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.
Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.
Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.
ragz4u
04-12 09:54 AM
Why not use people who already agreed to volunteer before by looking at their profiles?
Unfortunately we need folks who are active on the forums (and hence must have read this thread).
Also, we did not really clarify what a volunteer does (when someone registers), so to ensure that only folks who are really interested reply.
Hope this helps
Unfortunately we need folks who are active on the forums (and hence must have read this thread).
Also, we did not really clarify what a volunteer does (when someone registers), so to ensure that only folks who are really interested reply.
Hope this helps
