irock
08-03 05:20 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
wallpaper Dragon Head Tattoo
joshraj
10-03 11:46 AM
Starting the thread for tracking the receipt notices recd by applicants for applications recd by the center on July 27 2007. Please update the thread with receipt dates, issued center. Also highlight if your I-140 is approved or pending with the center name
english_august
07-09 07:56 AM
Please refer to this thread:
http://immigrationvoice.org/forum/showthread.php?p=103700
http://immigrationvoice.org/forum/showthread.php?p=103700
2011 Yoko#39;s Head Tattoo, Dragon,
english_august
07-06 08:14 AM
If somebody wants to create a seperate message, release it, I can dig it.
There you go:
http://desicritics.org/2007/07/06/004733.php
There you go:
http://desicritics.org/2007/07/06/004733.php
more...
eb2_mumbai
10-20 09:35 PM
First of all I am not going to judge you by your actions because I do not know the full story of why you did it.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
ARUNRAMANATHAN
06-20 08:50 AM
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
See the Requirements for the same ....
Lot of Documentation needed; look at the theard for 485/EAD filing
In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...
One of my friend is in the same situvation and this is the way we are proceeding !
See the Requirements for the same ....
Lot of Documentation needed; look at the theard for 485/EAD filing
In the mean time you could wait for the Physical Paper and consult with your attorney to see how u could file it ...
One of my friend is in the same situvation and this is the way we are proceeding !
more...
kondur_007
03-29 06:06 PM
Good; So this is what I understand:
You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.
You are still working for employer A and that extension with employer A is still pending.
If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
You still need to talk to a good attorney to see which one of the above options are good for you.
Good Luck.
You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.
You are still working for employer A and that extension with employer A is still pending.
If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
You still need to talk to a good attorney to see which one of the above options are good for you.
Good Luck.
2010 the dragon in her head,but
Siboo
07-30 03:47 PM
but you need to improve
Take it as fun...:D
Take it as fun...:D
more...
absaarkhan
01-18 10:33 AM
All,
I have a very GOOD update on
"IS H1B TRANSFER POSSIBLE AFTER ENTERING US ON ADVANCE PAROLE"
I posted this question On Rajiv Khanna's website on
The question is on the Jan 17th conference Questions list.
He answered my question.
According to him even after you enter on AP, u can still work for the same employer on H1B, and he also confirmed that we can do a H1B transfer even after using AP, NO NEED TO GO OUT OF USA FOR H1B STAMPING.
This is a very good info for me i was trying to get this info for a while now.
Hope this will be useful to atleast some of us.
I have a very GOOD update on
"IS H1B TRANSFER POSSIBLE AFTER ENTERING US ON ADVANCE PAROLE"
I posted this question On Rajiv Khanna's website on
The question is on the Jan 17th conference Questions list.
He answered my question.
According to him even after you enter on AP, u can still work for the same employer on H1B, and he also confirmed that we can do a H1B transfer even after using AP, NO NEED TO GO OUT OF USA FOR H1B STAMPING.
This is a very good info for me i was trying to get this info for a while now.
Hope this will be useful to atleast some of us.
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pd_recapturing
06-01 06:39 PM
Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?
more...
amdee
01-16 11:01 AM
Any update on this. I am also planning to go to the school with my I485 pending. Just wanted to make sure that I will not get ito any issues with my pending I485.
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
hot dragon#39;s head finally
21stIcon
12-20 08:17 PM
Although I was not affected, my colleague who joined most recently this company for $100k salary on consulting project was scammed. He was astonished when he received his pay check, the reason being this company deducted 33% tax then deposited reaming amount on bank which was further liable to tax deduction from IRS.
For example
100k/12 = 8333/pm -company deducted highest tax bracket 2525(33% of 8333) as tax then deposited 5808/pm on bank account, after IRS withholding he got around 4000/pm.
We need to stop such scams by let labor department know about this and arrest him to set an example to other consulting companies saying we are not uneducated.
For example
100k/12 = 8333/pm -company deducted highest tax bracket 2525(33% of 8333) as tax then deposited 5808/pm on bank account, after IRS withholding he got around 4000/pm.
We need to stop such scams by let labor department know about this and arrest him to set an example to other consulting companies saying we are not uneducated.
more...
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GCKabhayega
01-09 03:04 PM
Every time why does feel like that I have been in this dilemma before. I think we will gain almost nada frm this bulletin either.
My guess
EB2 : 1000 BC
EB3 : January 1962
My guess
EB2 : 1000 BC
EB3 : January 1962
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vts31
10-22 04:17 PM
i always start a drawing or anything, with primitives. Usually circles and curves because they are organik..if i want something more rigid i uses cubes...then i try to visualize that primitives potential and how i can link it to something else alter in the composition...after i do that 1 of 2 things happen, I either do it or i get scared ima ruin it and just go work on something else.
more...
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grupak
12-13 04:11 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
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h_shaik
08-08 04:18 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
more...
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michael_trs
05-13 03:35 PM
Smisachu, I agree, I need to add alternative education… thank you for your advice.
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
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rahul2699
05-16 07:59 AM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
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LOL123
02-14 08:55 AM
Thank You All for the suggestions.
andy garcia
07-30 02:11 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
pkv
04-13 05:37 PM
So did you answer the RFE ? ....
Off course I did.. It was simple RFE for TB test. I just got it done and replied. Didn't take Attorney's help on this.
Off course I did.. It was simple RFE for TB test. I just got it done and replied. Didn't take Attorney's help on this.
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