Wednesday, June 8, 2011

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  • Wish_Good
    04-30 12:45 AM
    Hi All,

    My Current Situation: I-140 approved on Jan 22, 2009 with company B, 7th year of my H1 ending July 2009, Current company B applied H1 extension, But H1 extension (No RFE just straight denied) - Denied based on "Old Company A"s I-485 - which was denied in June 26th 2008. Iam still in project and no issue of paystubs and all.

    Looks like USCIS didn�t considered my current company�s approved 1-140.

    Right now, Employer applied MTR (appeal) provided all documents.. like approved I-140 copy, LC copy and previous H1 copies.. etc.

    I don't have EAD.

    Please some one share their experience and suggestions:

    *Usually how much time they will take to respond this kind of Appeals (MTR).
    And also for safe side -- can I file another H1 in premum processing while this MTR is in pending.
    *If my MTR appeal decision getting delay... can I work for my employer even after July 13th until I get decision on my H1 Extension. Do I eligible for that or I need to go back India.

    Iam really worried, I got 2 younger kids.

    I request, Kindly give me your valuable advice.

    Thank You All,
    Wish Good




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  • eb2_immigrant
    10-22 08:17 PM
    I think this is what is happening in your cases,

    If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.

    If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).

    Always better to paper file.

    So to confirm if what you are thinking is true or not I called USCIS,

    The guy in TSC said it is a mistake and they will clarify it. I wasn't very convinced with his response, I called back after sometime, this time since there was no response to TSC it was route to other service center

    As earlier even this time the representative in this center was not able to answer as to why it says "interview reschedules” but she did transferred me to an officer.

    After several identification questions, Officer said this is not related to finger prints and she was not sure if it is related to I-485 interview either as they put reschedule interview note on my I-131 application.

    Finally she gave me a WTC-XXXXXXXX-TSC number, asked for my cell # and asked me to call back after 10 days if I don’t hear anything from the USCIS.

    I really don’t know what is happening; I don’t have much choice either other than waiting for something “GOOD “ to happen

    Any thoughts ......??????




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  • up_guy
    08-22 09:31 AM
    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..




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  • chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time



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  • vaishnavilakshmi
    09-27 03:49 PM
    Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.

    I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.

    Thanks



    No,
    they did not ask us anything about any reciepts.U need to carry the ASC(FP) notice and photo identity.Thats all.!

    goodluck,
    vaishu




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  • pandu_hawaldar
    05-10 10:07 AM
    applies to me too, as I came in this thread to read this post :D


    Thanks. I have fixed the typo.


    .



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  • chanduv23
    09-15 08:40 PM
    Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"

    Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE




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  • print0104
    08-28 05:01 AM
    Hello,

    I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~


    Sonia



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  • senthil1
    05-07 12:42 AM
    Sen Sessions is not only person who is opposing Cir/skil.There are many people in the Senate are opposing. Everyone knows that congress is evenly divided on immigration. But 10 Senators can make a big difference if some compromise bill is introduced. So anything can happen in next 2 months in immigration. Sometimes short time is advantage as they may pass bill in a hurry and lot of provisions may be passed without big visiblity.

    No one can predict at this point of time. The optimism
    is thinning every day. So far nobody could come up
    with anything that is agreeable.

    Our best friend Sen. Sessions is trying his best
    to distroy any bill. Now he is trying to propose and
    implement a point based system. Who know when
    the point base system is ready for discussion he
    will propose a DNA based system....

    So my friend I'm scared to hope on immi
    sector. Good luck to you

    -babu




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  • immi_seeker
    09-27 02:46 PM
    I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?

    TIA

    Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records



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  • jvordar
    07-09 07:09 PM
    I140 copy is useful to argue that your extension is based upon I140 but is not absolutely required.. i was in the same situation abt 2 months ago.. my new employer was asking for I140 copy but then they filed with just the receipt # and stated that the copy is not available. i got my h1 transfer approved without any issue.. it all depends on the officer who is handling your case.. sometimes some officer thinks that it is your responsibility to provide everything, sometime some officer just looks up in their system with the receipt # provided.. but according to the lawyer from my new company they have never heard of the case where the transfer is rejected just coz the I140 copy was not provided
    my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
    hope this helps..




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  • Jaime
    09-11 04:03 PM
    By coming to DC!!!!



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  • Jaime
    09-06 06:51 PM
    Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)




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  • visaspirant
    10-21 11:26 AM
    Hello,
    Here's a snapshot of my scenario:

    1.My first H1 with company A: Oct 2005 to Oct 2008 (stamped in my passport)
    2.My entry to USA: May 2006
    3.My wife's entry to USA on H4: Oct 2007 (stamped in her passport)
    4.My second H1 with company B: Dec 2007 to Dec 2010 (Not stamped in my passport)
    5.My wife's H1 with company C: Oct 2008 to Oct 2011 (Not stamped in her passport)

    My wife is on H1 now and she could not get a job till now. Now we want to change her status back to H4. Whats the best way to do this? She plans to travel to India in Jan 2010 and I plan to travel to India in April 2010. Any help highly appreciated.



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  • msyedy
    12-13 12:06 PM
    You can legall to work.. I don't know why people want to scare.




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  • Dhundhun
    10-26 01:36 PM
    ... US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. ...

    This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.



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  • validIV
    03-25 01:36 PM
    My employer paying for my work!

    You just said you were unemployed for 4 weeks? But you're getting paid?




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  • aranya
    07-03 06:27 PM
    What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?

    YES




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  • yabadaba
    07-18 11:00 AM
    i google checked out $100... lets all do this....think of it as 3 flower bouquets to IV.. plus no shipping charge.

    lets all contribute!!!!




    raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.




    jambapamba
    07-13 08:01 AM
    What about ... "Allow 485 apps based on original July bulletin(accept July filers only)"



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