VisaHelp
07-26 09:21 AM
Sounds good, but I didn't apply for an extension. Do you think that makes a difference? I applied to TRANSFER my H1 from company A to company B. While waiting for the transfer my H1 expired. First of all, I didn't think I could apply for an extension while waiting for the transfer. But, even more importantly, I was told by my lawyers that I am not eligible for an extension because I applied for a green card through family, not employer.
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
number30
06-19 01:30 PM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.
uslegals
11-04 03:15 PM
radhay - i have sent you a PM. I would appreciate it if you can please respond.
Thank you!
Thank you!
ItIsNotFunny
09-23 10:15 AM
I don't get it - where are the rest of the 2468 members?
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
Those are the people who don't deserve GC!
more...
Atishbazi
03-31 03:26 PM
I am thinking of starting my own company doing work similar to what I am employed for? Can I quit my job and start my own firm on EAD. I will be the sole proprietor and employee and the business would essentially operate as a startup for the foreseeable future. Will this be ok during I-485 adjudication? or do i need a regular job?
Atish.
Atish.
sunny1000
11-12 10:34 PM
The original poster "getrdone" wrongly pressed panic button. There is no change from 2004 thru till now. I went to mexico several times for stamping. I have seen several people who got stamping for H1-H1 & F1-H1 (Safe), H4-H1 & B1-H1 (Lucky guys)...In anycase, taking Mexican Visa (though absolutely not mandatory) is advised
The change of status cases (F1 -> H1, H4 -> H1 etc) are not allowed anymore at Mexico. I think it went into effect last month.
The change of status cases (F1 -> H1, H4 -> H1 etc) are not allowed anymore at Mexico. I think it went into effect last month.
more...
Asian
05-30 02:07 PM
As many of you have experienced, the pace of things here in general is slower than that of our home countries. Working in the project management, I often realize how hard it is to make the other party move faster when it is not involving the interest of the other side.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
That is what makes me feel skeptical how much they would move, when we demand faster processing of our green card. Probably, the voice of our employer will be more effective. But is our employer losing anything from this slow process?
Even if our demand for more visa numbers is met and the retrogression problem is resolved, there is a big trap ahead waiting for us. Nobody really knows how much time it will take in the 3rd stage after all of us jump in and process our 485. It will be disastrous if it will be the same thing all over again.
It will do no good finger pointing for the lost time of ours in the past years. It does only good when we unite our voice and demand specific things to make up for the past.
Why is the green card so valuable to you? For me, it is the freedom of chaning jobs without making the new employer feel embarrassed.
If only they can allow us to submit I-485 regardless even though they can not process it until Visa number becomes current and if only they can remove the restrictions (same or similar rule) on AC-21 portability, these will save so many lives from being trapped.
These two legal changes which may be easier for the Congress, will actually make up for the lost time in our life waiting in line.
Maybe, it is time to be practical, realistic, and specific. Maybe, it is time to get smarter.
waiting_4_gc
03-28 06:33 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
more...
Munna Bhai
01-18 01:08 PM
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.
BTW - Canadian Dollar is doing better that USD...!!!!
If they can find some reason to deny that's fine.In that case they will find another reason to deny "GC approved" cases too!! Let's not be so negative about everything.
mytv
08-16 02:09 PM
please do reply .I am waiting.
more...
sj2273
05-18 01:33 PM
Try Rajaguru Nalliah in Michigan. I hope that helps.
glus
09-24 09:00 AM
Usually it comes to lawyer.
more...
here4gc
04-09 02:44 PM
call or check with them...you can ask to be on the phone also..so that you can get any questions answered..
I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...
Goodluck!
I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...
Goodluck!
ras
09-19 01:39 AM
Do you have any idea of my presence or absence at the rally? What is that you want to know and say. You seem to have joined recently and started shouting others. With out even knowing the facts don't go crazy..
How many people did you get to todays rally by the way.. Is it more than 100?
hello ras,
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
How many people did you get to todays rally by the way.. Is it more than 100?
hello ras,
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
more...
hotscud21
10-31 09:24 AM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
cagedcactus
07-27 11:08 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
thanks for the kind replies...
more...
makino_a55
01-08 01:00 PM
Good luck for us ; And to all the hard working guys ; i would like to help out in the best way ; i am mostly a follower not a leader ; please let me know if i can be of any help ; I live in Oregon, Portland ; i shall request my other friends to contribute for the cause.
Thanks
Anil.
Thanks
Anil.
vishwak
08-20 02:23 PM
goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
See my point?
Btw this just came out I think yesterday.
YOU NEED TO PAY FEE BEFORE SEP 1ST. SO GO TO SOCTIA BANK BEFORE 32-AUG AND PYA FEE. Take the Receipt with you when you attend interview.
Thats the mean I get.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
See my point?
Btw this just came out I think yesterday.
YOU NEED TO PAY FEE BEFORE SEP 1ST. SO GO TO SOCTIA BANK BEFORE 32-AUG AND PYA FEE. Take the Receipt with you when you attend interview.
Thats the mean I get.
overhere
07-18 09:03 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
i see. anyway, good luck to you.
i see. anyway, good luck to you.
jliechty
August 14th, 2006, 09:33 AM
I would also very seriously consider the fact that Canon has undeniably the best select of lenses, and most people (except some Nikon fanatics) would probably also agree that the Canon lenses are optically better than the Nikon equivalents [although there are many factors here, some of which are based on personal experience, some are probably depending on whether you get a "good copy" or "bad copy", etc, etc].
Come on, Mats, this is ridiculous. Canon offers IS in 500 and 600mm lenses, which Nikon doesn't. Since that matters more to the people that need specialty lenses than what Nikon has over Canon (200mm f/2 VR, macro bellows options, etc.), you can have your first claim. But you're only going to get away with a lack of proof for your optical superiority claim since this site has a majority of Canonites. If you have proof for that, I'd love to see it (not that I'm going to switch to Canon anyway), but your statement reeks of the same fanaticism that you label some Nikon users with.
As for the D80, it's a nice upgrade over the D70, though there's no reason to jump now unless you need to make a big purchase of lenses (perhaps some that Pentax doesn't offer) as well. Pentax supposedly has a 10MP DSLR in the pipeline as well, though they probably won't ever achieve the breadth of lens selection that Canon or Nikon have. Of course, if you don't need anything that they don't offer, and never suspect that you will, there's no reason to worry about a "need" to switch systems.
Come on, Mats, this is ridiculous. Canon offers IS in 500 and 600mm lenses, which Nikon doesn't. Since that matters more to the people that need specialty lenses than what Nikon has over Canon (200mm f/2 VR, macro bellows options, etc.), you can have your first claim. But you're only going to get away with a lack of proof for your optical superiority claim since this site has a majority of Canonites. If you have proof for that, I'd love to see it (not that I'm going to switch to Canon anyway), but your statement reeks of the same fanaticism that you label some Nikon users with.
As for the D80, it's a nice upgrade over the D70, though there's no reason to jump now unless you need to make a big purchase of lenses (perhaps some that Pentax doesn't offer) as well. Pentax supposedly has a 10MP DSLR in the pipeline as well, though they probably won't ever achieve the breadth of lens selection that Canon or Nikon have. Of course, if you don't need anything that they don't offer, and never suspect that you will, there's no reason to worry about a "need" to switch systems.
surabhi
05-21 11:56 AM
see my seond posting below from murthy.com forum. You should be able to port the PD
good luck
good luck
0 comments:
Post a Comment