anil
04-02 11:20 AM
I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is -
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew...
2) Attach all H1/H4 copies of yourself and her with I-94.
3) Fill in H4 renewal application
3) Have the lawyer send all paperwork it to INS asap
When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.
wallpaper Photo Albums gt; Lucy/Nyu
sweet_jungle
10-06 12:08 AM
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
desi3933
06-22 07:54 AM
What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval?
Will that one will also be rejected or by attaching the receipt copy will be good enough?
Expired I-94 is ok, if
it is expired less than 180 days ago. 245(k) covers this.
or
change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Will that one will also be rejected or by attaching the receipt copy will be good enough?
Expired I-94 is ok, if
it is expired less than 180 days ago. 245(k) covers this.
or
change of status to H1/H4/L1/L2 is pending. In this case, attach copy of the receipt.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
2011 elfen lied lucy Myspace Layout
ssterian01
07-05 01:33 PM
Thanks a lot, prem_goel.
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
more...
spec1968
10-26 01:03 PM
It is difficult to obatain approved vacation from my employer.
Apartment from leaving the country and recapturing, are there any alternatives.
Please advice
Apartment from leaving the country and recapturing, are there any alternatives.
Please advice
purgan
12-18 06:40 PM
Immigrantion Restrictionist/Racists have been calling Congresional offices and pounding the privelege of their One vote each, so they can be spared of foreign competition even though US competitiveness goes down the drain. I guess each one to himself. Here are some of the more interesting conversations...
==
Senator Kyl:
Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
attempt to ramrod an H-1B increase?
A. Are you calling on behalf of any organization?
A. Yes, the org's name is Sandra. I only have one vote and no campaign
donations.
"Very low likelihood of this passing, and in the future Senator Kyl will
take into careful consideration such meansures."
A. You haven't answered my question. Kyl has been a consistent supporter
of H-1Bs
A. Senator hasn't made a decision and is still considering.
Q. How did the Senator vote on the H1-C two days ago?
A. I'm not finding a record.
Q. It was HR1285--on December 5.
A. Oh, that was a unanimous voice vote.
Q. So does that mean Senator Kyl voted for it?
A. I can check, just a moment........it was a unanimous voice vote
================================================== ========
Senator McCain:
Q What is McCain's position on Cornyn's "dark of the night" attempt to
ramrod an H-1B increase?
A. He hasn't yet taken a position.
================================================== ========
Senator Grassley (Casey Mills)
Asked for Casey but aide couldn't find him
Q. Does Grassley support H1-B increases?
A He doesn't know.
I gave him a rundown as if I were Debbie--nursing shortage is artificially
created. Grassley probably voted for H1-C, etc.
I retrained for a job after 20 years to go into nursing, and now find wages
are kept low by foreign nurses.
A. He'll pass concerns along.
================================================== ==============
Senator Dorgan
Express thanks to Senator Dorgan for opposing H1-Bs.
================================================== =================
Sandra
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - male staffer got really annoyed when I
asked him if Senator Coryn supports displacing well-educated American
workers with Foreign H-1B Visa holders. He immediately passed me off to a
voice mail box of a staffer who handles immigration matters. (Yes, I know
H-1B's are so-called "non-immigrant Visas" but we all know most of these
people end up staying here -)
Of course the staffer did not pick up his phone - but the staffer's name is
Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
Bell, and ring Landon's bell a bit?
Gerard
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - stated my opposition of course. The
person I spoke with said that Cornyn was trying to get his bill introduced
today, and he was not sure if it would be voted on today.
Hopefully Cornyn fails. I think he is getting our message, but I also
think he does not care.
Roy
++++++++++++++++++++++++++++++++++++++++++++++++++ +
Maybe you all have different information that I just obtained from both
Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
office (Democrat) -- both of New Mexico. But both of their offices claim
that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
committee yet and thus cannot be voted on yet. (It is certainly possible
that you all have different or better information than was conveyed to me
but this is what I obtained.)
Domenici's office staff person couldn't tell me which side of the fence he
was on as he hasn't "made a press release" yet. And, as long as it is in
committee he apparently doesn't voice an opinion.
Senator Bingaman's office staff also told me that he had not expressed an
opinion to him on his position on the bill. The young, female staff woman
who answered the DC phone seemed STUNNED when she pulled up the bill and
started to read parts of it. She thought they'd have to take some kind of
special test to get into the USA for these jobs -- no. I only wish she
were casting a vote as I know how she'd vote! Again, she told me that
the bill was not out of committee YET and the Senators are going home
tomorrow afternoon. They are doing "yesterday morning's" work tonight or
some such backward thinking. There has been no floor debate on the bill so
the staff claimed would mean there will NOT be a vote on the bill tonight.
No one would guarantee me that NO voting would take place tomorrow but did
say it was UNlikely.
Finally, when I got to the staff woman in DC she was a bit surprised
because someone had called her on the bill from one of the Senator's New
Mexico offices. (A bit strange unless it was my calling the Senator's 800
number which connected me some place in New Mexico and they called the DC
office for information regarding my inquiry.)
(BE careful when you call, however, one Bingaman's staff males that I
spoke with tried to give me the WRONG Senate Bill number reference. He
asked "This is Senate Bill 2626?" I said "The one I am calling on is
"Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
bill has been reassigned a number that I don't know about -- I am calling
on the Skil Bill "Access to High Skilled Foreign Workers.")
Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
Republican sponsored bill!"
Cynthia
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I, too, phoned Cornyn's office and the person I spoke with kept insisting
that the H-1B's had to be paid the same as Americans and then he said the
senator wants to make America more competitive by bringing in skilled
workers. I directed him to Norm's article in the San Francisco paper and to
the Programmers Guild. I asked him how it would make our nation more
competetive to bring in a worldwide supply of cheaper labor to take our
jobs. Silence.
LC Evans
http://lcevans.com
Jobless Recovery
A satirical novel about American job losses
==
Senator Kyl:
Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
attempt to ramrod an H-1B increase?
A. Are you calling on behalf of any organization?
A. Yes, the org's name is Sandra. I only have one vote and no campaign
donations.
"Very low likelihood of this passing, and in the future Senator Kyl will
take into careful consideration such meansures."
A. You haven't answered my question. Kyl has been a consistent supporter
of H-1Bs
A. Senator hasn't made a decision and is still considering.
Q. How did the Senator vote on the H1-C two days ago?
A. I'm not finding a record.
Q. It was HR1285--on December 5.
A. Oh, that was a unanimous voice vote.
Q. So does that mean Senator Kyl voted for it?
A. I can check, just a moment........it was a unanimous voice vote
================================================== ========
Senator McCain:
Q What is McCain's position on Cornyn's "dark of the night" attempt to
ramrod an H-1B increase?
A. He hasn't yet taken a position.
================================================== ========
Senator Grassley (Casey Mills)
Asked for Casey but aide couldn't find him
Q. Does Grassley support H1-B increases?
A He doesn't know.
I gave him a rundown as if I were Debbie--nursing shortage is artificially
created. Grassley probably voted for H1-C, etc.
I retrained for a job after 20 years to go into nursing, and now find wages
are kept low by foreign nurses.
A. He'll pass concerns along.
================================================== ==============
Senator Dorgan
Express thanks to Senator Dorgan for opposing H1-Bs.
================================================== =================
Sandra
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - male staffer got really annoyed when I
asked him if Senator Coryn supports displacing well-educated American
workers with Foreign H-1B Visa holders. He immediately passed me off to a
voice mail box of a staffer who handles immigration matters. (Yes, I know
H-1B's are so-called "non-immigrant Visas" but we all know most of these
people end up staying here -)
Of course the staffer did not pick up his phone - but the staffer's name is
Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
Bell, and ring Landon's bell a bit?
Gerard
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I called Cornyn's office just now - stated my opposition of course. The
person I spoke with said that Cornyn was trying to get his bill introduced
today, and he was not sure if it would be voted on today.
Hopefully Cornyn fails. I think he is getting our message, but I also
think he does not care.
Roy
++++++++++++++++++++++++++++++++++++++++++++++++++ +
Maybe you all have different information that I just obtained from both
Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
office (Democrat) -- both of New Mexico. But both of their offices claim
that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
committee yet and thus cannot be voted on yet. (It is certainly possible
that you all have different or better information than was conveyed to me
but this is what I obtained.)
Domenici's office staff person couldn't tell me which side of the fence he
was on as he hasn't "made a press release" yet. And, as long as it is in
committee he apparently doesn't voice an opinion.
Senator Bingaman's office staff also told me that he had not expressed an
opinion to him on his position on the bill. The young, female staff woman
who answered the DC phone seemed STUNNED when she pulled up the bill and
started to read parts of it. She thought they'd have to take some kind of
special test to get into the USA for these jobs -- no. I only wish she
were casting a vote as I know how she'd vote! Again, she told me that
the bill was not out of committee YET and the Senators are going home
tomorrow afternoon. They are doing "yesterday morning's" work tonight or
some such backward thinking. There has been no floor debate on the bill so
the staff claimed would mean there will NOT be a vote on the bill tonight.
No one would guarantee me that NO voting would take place tomorrow but did
say it was UNlikely.
Finally, when I got to the staff woman in DC she was a bit surprised
because someone had called her on the bill from one of the Senator's New
Mexico offices. (A bit strange unless it was my calling the Senator's 800
number which connected me some place in New Mexico and they called the DC
office for information regarding my inquiry.)
(BE careful when you call, however, one Bingaman's staff males that I
spoke with tried to give me the WRONG Senate Bill number reference. He
asked "This is Senate Bill 2626?" I said "The one I am calling on is
"Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
bill has been reassigned a number that I don't know about -- I am calling
on the Skil Bill "Access to High Skilled Foreign Workers.")
Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
Republican sponsored bill!"
Cynthia
++++++++++++++++++++++++++++++++++++++++++++++++++ +
I, too, phoned Cornyn's office and the person I spoke with kept insisting
that the H-1B's had to be paid the same as Americans and then he said the
senator wants to make America more competitive by bringing in skilled
workers. I directed him to Norm's article in the San Francisco paper and to
the Programmers Guild. I asked him how it would make our nation more
competetive to bring in a worldwide supply of cheaper labor to take our
jobs. Silence.
LC Evans
http://lcevans.com
Jobless Recovery
A satirical novel about American job losses
more...
gparr
March 3rd, 2004, 08:12 PM
Fred, you're killing me! That comedy routine is getting really good! ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
2010 Elfen Lied - Wahr oder falsch?
sertasheep
04-03 06:01 PM
Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
more...
chanduv23
06-05 08:50 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
hair Elfen Lied Nana 001
sanjay
08-29 12:29 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
where is the poll? Any way there more than 5 - 6 polls as of now and there is no way to find a full proof information. We all do more speculations and analysis. So, no need to create new threads with these polls. We got many.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
where is the poll? Any way there more than 5 - 6 polls as of now and there is no way to find a full proof information. We all do more speculations and analysis. So, no need to create new threads with these polls. We got many.
more...
shantanup
04-08 12:17 PM
This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
hot Im Gegensatz zu Lucy und
Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
more...
house decent Elfen+lied+lucy
masti_Gai
01-05 02:57 PM
he doesn't wanna switch his job. So I don't think he would buy-in this idea of yours. But porting his EB3 PD to EB2 would be the smartest move as the retrogressing is really really killing all of us.
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Daisy
11-10 03:56 PM
From texas
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lazycis
01-15 03:00 PM
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
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dpp
12-30 09:31 AM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
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ken
04-09 12:40 PM
When I filed my AOS application I was in CA and still I am working in CA, I never worked / lived in MIAMI,FL.
If they have to transfer my case they would have transfered to some CA local office not to MIAMI,FL local office..
If they have to transfer my case they would have transfered to some CA local office not to MIAMI,FL local office..
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kiru_99
10-30 02:25 PM
I called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply
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SAPGURU
01-04 09:09 AM
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
cheg
08-21 03:15 PM
I think you're okay. Hopefully USCIS made a note in their system when your application was first sent and you just needed to correct something. Did you ask your lawyer what he thinks will happen?
Gurus,
I need help please!
My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.
Gurus,
I need help please!
My employer applied for my H1B renewal very close to the expiration of my first H1B and I was told today that they got back the application becuase they made a mistake on the check. unfortunalty, they got back the application after my first H1B expired. They sent back the application with the right check and we have not heard anything yet. Am I ok or am I in a big trouble? Please, help! Thank you all.
kanaihya
09-28 03:05 PM
please don't reply those guys with in-appropriate subject lines ...
that is very irritating...S**t t*e F**k o*f...
thanks
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.
that is very irritating...S**t t*e F**k o*f...
thanks
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.
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