perm2gc
04-27 02:25 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
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martinvisalaw
07-21 01:20 PM
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
To clarify some misunderstandings - you can have H-4 and an AOS pending. You can't have H-4 and work on an EAD.
Someone else said "If working on EAD invalidates H1,..." No, working on an EAD does not invalidate H-1B status, unless the work is for a different employer to the H-1B petitioner.
Another poster: "I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid."
No, the H-4 status is not valid. I wonder if the H-4 applicant completed the I-539 correctly and stated that s/he was working. There is a specific question about this on the 539. If the applicant said s/he was working, I would be very surprised if CIS extended the H-4 status.
ksircar
12-01 02:13 PM
Can someone please advice which immigration documents (apart from Passport and AP) should I carry to re-enter US using AP?
Please share your experience.
Thanks in advance.
Any advice, guys?
Please share your experience.
Thanks in advance.
Any advice, guys?
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bobbydalal
09-22 03:46 PM
Guys forget what we think on the HR5882. iF WE ALL GET TOGETHER AND PRAY ANYTHING IS POSSIBLE. So lets stop being negative in our approcah and just say yes it will and keep calling and praying yaar.
more...
dingudi
09-30 06:48 PM
Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
logiclife
09-28 09:56 PM
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.
It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.
Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".
What is so difficult about framing a short question and putting it as thread title?
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
Please title your threads appropriately. Your thread title was "Newark NJ ASC". What does it mean? I have corrected it.
It not only is easy on other people's eyes, but you would do yourself a favor and draw more responses to questions you have if you ask the question in titles because the title appears on the homepage and seen by around 600-1000 people at any time.
Everyone, despite requests, people start new threads titled :"Please help" or "RFE" or "Question" or "140" or "I485".
What is so difficult about framing a short question and putting it as thread title?
more...
luckylavs
07-17 04:44 PM
what is this ?
All EB based is displayed as U. Is there no annoucement ?
All EB based is displayed as U. Is there no annoucement ?
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nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
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asphaltcowboy
10-06 08:07 AM
Dessoya gets my vote. Outstanding! :thumb:
nice work everyone :)
nice work everyone :)
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raajpagare
07-13 05:14 PM
I have taken filights to Indore from both Mumbai and Delhi. There is not much difference per say, both of them provide you the shuttle to domestic airport. The delhi shuttle takes slightly longer (like 10 mins more). Both places have good facilities to wait too.
So I guess take whichever is cheaper.
One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).
So if going in Dec or Jan, choose Mumbai.
So I guess take whichever is cheaper.
One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).
So if going in Dec or Jan, choose Mumbai.
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India76
09-17 01:53 PM
On different note, I just realized that I have one red dot against my name... :-) I never posted anything to offend anybody.. How can see who gave me a red dot and for what reason?
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dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
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PixelPix
February 2nd, 2004, 01:40 AM
I look at this image and find no main point of interest, my eye is left to simply rome around the image and is not driven to "the" subject matter.
I had a quick play.... a slight rotate, crop and clone to come up with this...
http://www.potd.com.au/TESTS/153littleflowers.jpg
The diagonal line leads you in from the rear to the main flower, while the same happens from the front. You could play with the DOF of this image also (either in camera of PS) as narrow DOF would help draw attention to main subject flower of your choice, eg:.....
http://www.potd.com.au/TESTS/153littleflowers_BLUR.jpg
http://www.potd.com.au/TESTS/153littleflowers_BLUR2.jpg
Also, the eye will naturally fall to the brightest part of an image, so all background flowers that may have distracted from subject flower have been cloned out.
I hope this helps.
Russell
PS.... They were really quick PS mods and are a bit "hows your father", but they're intended simply to give an idea. :-)
I had a quick play.... a slight rotate, crop and clone to come up with this...
http://www.potd.com.au/TESTS/153littleflowers.jpg
The diagonal line leads you in from the rear to the main flower, while the same happens from the front. You could play with the DOF of this image also (either in camera of PS) as narrow DOF would help draw attention to main subject flower of your choice, eg:.....
http://www.potd.com.au/TESTS/153littleflowers_BLUR.jpg
http://www.potd.com.au/TESTS/153littleflowers_BLUR2.jpg
Also, the eye will naturally fall to the brightest part of an image, so all background flowers that may have distracted from subject flower have been cloned out.
I hope this helps.
Russell
PS.... They were really quick PS mods and are a bit "hows your father", but they're intended simply to give an idea. :-)
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rameshvaid
10-16 09:47 PM
Do the right thing. Don't try to find a loophole.
It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.
Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.
Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..
Good Luck..
RV
It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.
Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.
Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..
Good Luck..
RV
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JunRN
08-12 03:49 PM
I think there are few applicants between July 4 to July 17 because this the period of limbo - no one knows what to do and waiting for the August VB. I would guess it would not even reach 10% of those who filed in July 1 to 3.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
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vishal
04-15 02:30 PM
hi all,
since it is taking so long for the namechecks to get cleared. what usually happens after we do FP. how is the process initiated.
any response is appreciated
since it is taking so long for the namechecks to get cleared. what usually happens after we do FP. how is the process initiated.
any response is appreciated
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10dulkar
08-14 03:26 PM
Since July 2nd people can claim they sent when VB was showing current. July17th onward will have revised VB.
No status for July3rd to July16 applications.:eek:
They might do that. I agree this is shaky ground.
No status for July3rd to July16 applications.:eek:
They might do that. I agree this is shaky ground.
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hasil
09-29 01:04 PM
I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
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kshitijnt
01-02 01:33 AM
Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.
sammyb
02-10 07:00 PM
uploaded the letter...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
number30
04-16 11:44 AM
My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
Other option is Try to get from University. They will have the copy for the sure.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
Other option is Try to get from University. They will have the copy for the sure.
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