CMan
12-03 08:40 PM
I'm in the process of a COS and was denied an R1 petition. Here's my case, and it would greatly help me if someone could assist me in determining whether my countdown of unlawful presence and unlawful status has begun.
Aug 15, 2004 Arrived on a F1
Jul 21, 2009 F1 expired
Aug 20, 2009 Filed for R1
Aug 24, 2009 OPT expired
Nov 18, 2009 R1 status denied
Dec 18, 2009 Appeal of Decision
After the expiry of my OPT i still continued to work whilst my R1 petition was in process. Does this violate my status automatically, or does it begin when it is determined by the USCIS? If it does, does my 180 days countdown to unlawful presence begin from Aug 24, 2009, or from the denial of my R1 petition? IF i appeal the decision will that nullify the days counted against me if any? And as i await the appeal decision, which apparently take 5 months, what would be my lawful/unlawful status/presence?
Thanks for you help.
Aug 15, 2004 Arrived on a F1
Jul 21, 2009 F1 expired
Aug 20, 2009 Filed for R1
Aug 24, 2009 OPT expired
Nov 18, 2009 R1 status denied
Dec 18, 2009 Appeal of Decision
After the expiry of my OPT i still continued to work whilst my R1 petition was in process. Does this violate my status automatically, or does it begin when it is determined by the USCIS? If it does, does my 180 days countdown to unlawful presence begin from Aug 24, 2009, or from the denial of my R1 petition? IF i appeal the decision will that nullify the days counted against me if any? And as i await the appeal decision, which apparently take 5 months, what would be my lawful/unlawful status/presence?
Thanks for you help.
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immigvoic
06-16 07:33 AM
Hi,
My current status is
I currently work for Company A (on H1B) and Company B is processing my GC (EB2, I140 approved; I485 in process) .
This month, I found a new job with Company C which I have to join on EAD (they don't do H1Bs). Also, in this month's bulletin, my PD became current. I had a few concerns/questions
1) Could the change in employment trigger any flags since I am changing companies and this is a future employment GC case (though its almost 3 years since the I-485 was filed)
2) What do you suggest I do since its so close? I waited all this time just not to complicate things (and remain on H1) but then as soon as have to start work on EAD, the date also becomes current (which I am definitely very happy about ) but now since both these events are so close, I am not sure what to do.
3) What other things are there to keep in mind in case of a future employment case?
Thanks for all the help,
My current status is
I currently work for Company A (on H1B) and Company B is processing my GC (EB2, I140 approved; I485 in process) .
This month, I found a new job with Company C which I have to join on EAD (they don't do H1Bs). Also, in this month's bulletin, my PD became current. I had a few concerns/questions
1) Could the change in employment trigger any flags since I am changing companies and this is a future employment GC case (though its almost 3 years since the I-485 was filed)
2) What do you suggest I do since its so close? I waited all this time just not to complicate things (and remain on H1) but then as soon as have to start work on EAD, the date also becomes current (which I am definitely very happy about ) but now since both these events are so close, I am not sure what to do.
3) What other things are there to keep in mind in case of a future employment case?
Thanks for all the help,
jthomas
05-31 01:51 AM
....
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black_logs
02-21 02:11 PM
This is a very important call as all these states have their senators in the senate judiciary committee. Please come forward and sign up for the call. Please send a mail with your contact info to either of the 2 id's and we'll send you the conference details after verification
black_logs@yahoo.com
2haritha@gmail.com
Conference number : XXXXXXX
Access Code User : XXXXX
Date & Time : 02/23/06 at 09 pm CST(10 PM EST)
Invitees : volunteers
Max Lines : 50
Agenda :
1) Introduction by each member
2) Overview from IV representative at where we stand today
3) Make strategies how we can meet the Lawmakers
4) Make strategies how we can increase our membership
5) Appoint Team leads for WI_IL_OH_AL_KS
6) Closing minutes
black_logs@yahoo.com
2haritha@gmail.com
Conference number : XXXXXXX
Access Code User : XXXXX
Date & Time : 02/23/06 at 09 pm CST(10 PM EST)
Invitees : volunteers
Max Lines : 50
Agenda :
1) Introduction by each member
2) Overview from IV representative at where we stand today
3) Make strategies how we can meet the Lawmakers
4) Make strategies how we can increase our membership
5) Appoint Team leads for WI_IL_OH_AL_KS
6) Closing minutes
more...
lalithakay
04-29 09:13 AM
Hi,
I'm presently in J-2 visa and my husband is having J-1 visa.
We both are Indian Nationals. My husband applied for J-1 visa when he was in Germany.
It is mentioned in my husband's Visa clearly that "Two Year rule does NOT apply".
3 months later, I applied for J-2 from India with his visa documents.
In my visa also, it is mentioned that "Bearer is NOT subject to section 212(E). Two Year rule does NOT apply".
Now, we both want to apply for H-1B visa seperately. I want to know whether do we need to apply for H-1B waiver?
It is very much confusing since we are Indian nationals, the two year rule applies. But at the same time, as he was in in Germany while applying, it does not apply as mentioned in the visa.
Please clarify. Thanks in advance.
Regards,
Lalitha.
I'm presently in J-2 visa and my husband is having J-1 visa.
We both are Indian Nationals. My husband applied for J-1 visa when he was in Germany.
It is mentioned in my husband's Visa clearly that "Two Year rule does NOT apply".
3 months later, I applied for J-2 from India with his visa documents.
In my visa also, it is mentioned that "Bearer is NOT subject to section 212(E). Two Year rule does NOT apply".
Now, we both want to apply for H-1B visa seperately. I want to know whether do we need to apply for H-1B waiver?
It is very much confusing since we are Indian nationals, the two year rule applies. But at the same time, as he was in in Germany while applying, it does not apply as mentioned in the visa.
Please clarify. Thanks in advance.
Regards,
Lalitha.
g1FTP
10-20 11:26 PM
I am planning to go for visa stamping soon. This will be by 7th year extension. I have the following questions. Thanks for reading my post and for replies.
1) Recently my title changed from "member of technical staff" to "senior member of technical staff" and I got a pay increase. But the job duties is the same. I don't think this needs H1 amendment. Does it ? I also hope that this will not affect the green card processing.
2) This may be a dumb question. I have the approved I-797 but the online status still shows as pending. Since I know at least one USCIS database is not updated, is there a reason to suspect PIMS delay when I go for stamping ? I am planing to go for stamping in Chennai, I assume there is no way to check beforehand. Did anyone else experience the same (online status not updated) and face any delays due to PIMS.
1) Recently my title changed from "member of technical staff" to "senior member of technical staff" and I got a pay increase. But the job duties is the same. I don't think this needs H1 amendment. Does it ? I also hope that this will not affect the green card processing.
2) This may be a dumb question. I have the approved I-797 but the online status still shows as pending. Since I know at least one USCIS database is not updated, is there a reason to suspect PIMS delay when I go for stamping ? I am planing to go for stamping in Chennai, I assume there is no way to check beforehand. Did anyone else experience the same (online status not updated) and face any delays due to PIMS.
more...
bp333
07-11 10:57 AM
Folks,
Pretty soon I'll have to relocate to another city (same job). Wondering if I should continue using my H1B (valid till 2010) or should I use AC-21 to relocate ?
My attorney insists that I use AC-21, and she states that if something goes south during my Adjustment of Status I can re-file for my H1 and she did state the refiling H1 will be exempt from Annual Numerical Limits as I have been on Non-Immigrant visa in the past 6 year and haven't stayed outside the country for over an year.
Is this something I can rely on? Also, what happens to pending AOS(485) if I use this option to refile my H1 from EAD status?
FORM I-129
Part C. Numerical Limitation Exemption Information.
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
Pretty soon I'll have to relocate to another city (same job). Wondering if I should continue using my H1B (valid till 2010) or should I use AC-21 to relocate ?
My attorney insists that I use AC-21, and she states that if something goes south during my Adjustment of Status I can re-file for my H1 and she did state the refiling H1 will be exempt from Annual Numerical Limits as I have been on Non-Immigrant visa in the past 6 year and haven't stayed outside the country for over an year.
Is this something I can rely on? Also, what happens to pending AOS(485) if I use this option to refile my H1 from EAD status?
FORM I-129
Part C. Numerical Limitation Exemption Information.
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
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GC2COME
02-16 04:44 PM
Hi all,
My ETA case in online status shows "DATA REVIEW" for the past 5 months, my PD Aug 04/RIR/EB2 is with Dallas BPEC.Initially the status was closed, and then opened. After 5 months of reopening it still says 'Data review' .Is there some thing wrong or should I talk to my lawyer.
Some of my friends who applied that time have their status 'in process' or even 'certified' .Any experience like this or will that go to certified from here directly or to "in process" first. How long it can be in each of these statuses.
Any ideas appreciated please!
Thanks,
gc2com
My ETA case in online status shows "DATA REVIEW" for the past 5 months, my PD Aug 04/RIR/EB2 is with Dallas BPEC.Initially the status was closed, and then opened. After 5 months of reopening it still says 'Data review' .Is there some thing wrong or should I talk to my lawyer.
Some of my friends who applied that time have their status 'in process' or even 'certified' .Any experience like this or will that go to certified from here directly or to "in process" first. How long it can be in each of these statuses.
Any ideas appreciated please!
Thanks,
gc2com
more...
giddu
07-16 12:51 PM
For max impact rallies should be held same day same time in all major cities of US.
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vxg
10-29 04:14 PM
I will make sure I check my mail at least every other day.
I received my EAD and FP at my home.
I received my EAD and FP at my home.
more...
anilsal
06-14 11:39 PM
I have seen references that if there are different I-140 apps approved per family, there is a possibility of going for the 485 stage separately. Also I have seen posts stating that one can go for AOS and the other for CP.
How do you communicate to USCIS that for one you are doing AOS and the other you are doing CP, with reference to the 485 stage? When does this really happen?
Additional info:
http://www.hooyou.com/consularprocess/cp-as.html
http://www.hammondlawfirm.com/485_memo.htm
I think the following report nails it
http://www.murthy.com/news/n_revdeb.html
The answer is that you chose AOS/CP at the time of 140 filing.
How do you communicate to USCIS that for one you are doing AOS and the other you are doing CP, with reference to the 485 stage? When does this really happen?
Additional info:
http://www.hooyou.com/consularprocess/cp-as.html
http://www.hammondlawfirm.com/485_memo.htm
I think the following report nails it
http://www.murthy.com/news/n_revdeb.html
The answer is that you chose AOS/CP at the time of 140 filing.
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ppaidami
01-27 10:50 PM
Hello everyone,
My questions are about F1 to H1b change status.
I applied an H1b through a consultant company on April 2008. I received a notice from USCIS told me had been lottery H1b. However, until now my case is still pending. My OPT expired on Jan, 2009 and can't be extended. I am in the middle of the 60 days grace period right now. My questions are:
1. If the 60 days expire and my case is still pending, can I legally stay in US till H1b approved?
2. If my H1b is rejected and the 60 days expire, how many legally days can I stay in US? Do I have another 30 grace period days?
3. In my situation, what should I do right now? Do I need to find a school to keep my F1 visa? When is the best time to find a school?
4. Can I transfer H1b to another company during my H1b is pending?
I am very appreciate if you can answer these questions. :)
My questions are about F1 to H1b change status.
I applied an H1b through a consultant company on April 2008. I received a notice from USCIS told me had been lottery H1b. However, until now my case is still pending. My OPT expired on Jan, 2009 and can't be extended. I am in the middle of the 60 days grace period right now. My questions are:
1. If the 60 days expire and my case is still pending, can I legally stay in US till H1b approved?
2. If my H1b is rejected and the 60 days expire, how many legally days can I stay in US? Do I have another 30 grace period days?
3. In my situation, what should I do right now? Do I need to find a school to keep my F1 visa? When is the best time to find a school?
4. Can I transfer H1b to another company during my H1b is pending?
I am very appreciate if you can answer these questions. :)
more...
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cj4ualways
09-11 03:40 PM
Hi,
I am on H-1B with a company and have been through my 4years of H-1. Now they are saying that they might not be able to apply for my PR before the start of my 6th year of H-1 and are offering me the following option: Need to leave US and go back to India or any other country, will be paid US salary and then after one year will be brought back on a L-1A visa. Now my question is can they pay in US dollars while i am outside US and still be able to come back on L-1A visa? or do i need to change into local payroll?
I am on H-1B with a company and have been through my 4years of H-1. Now they are saying that they might not be able to apply for my PR before the start of my 6th year of H-1 and are offering me the following option: Need to leave US and go back to India or any other country, will be paid US salary and then after one year will be brought back on a L-1A visa. Now my question is can they pay in US dollars while i am outside US and still be able to come back on L-1A visa? or do i need to change into local payroll?
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GCNirvana007
09-10 11:09 AM
Does anyone know about the timeframe for this?
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crystal
02-14 12:19 PM
One can contiue to stay using I-485 receipt without valid I-94. afasik I-797 can be used only if you filed H1 extention after you came back on parolee.
If a person travels on AP, he will get a new PAROLE I-94 which shows expiry date of 1 year from the day he entered on AP. Can the person stay in US AFTER that expiry date and continue working using a valid I-797?
If a person travels on AP, he will get a new PAROLE I-94 which shows expiry date of 1 year from the day he entered on AP. Can the person stay in US AFTER that expiry date and continue working using a valid I-797?
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humsuplou
06-10 07:26 PM
So the procedure is suppose to be easy, and very low risk of not getting renewed?
Thanks!
Thanks!
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nk0530
06-18 09:50 AM
I have a question about forming an LLC while being on H1B. I am entering into an agreement with an Incorporated company to provide my technical services to it and in return they need to give me a percentage of the revenue. Clearly, I cannot enter into this kind of arrangement as myself as I not authorized to work in the US. For that I am planning to form an LLC or an Incorporation and my company will enter into a contract with the other Incorporation. Is this legal or will this be construed as an effort to bypass H1B laws? I'll still be doing the daytime job and fulfilling my obligations that I have with the H1B sponsoring employer.
Please let me know your opinion.
Thanks.
Please let me know your opinion.
Thanks.
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GCisLottery
12-07 08:14 AM
Caution: Light hearted post. No rants/sentiments please :)
http://www.time.com/time/magazine/article/0,9171,1565565,00.html
Joining team U.S.A. may be getting harder. The government last week said it will revise the citizenship test to focus less on memory and more on understanding. "Rather than asking how many branches of government there are, we would ask why we have three branches of government," says Emilio Gonzalez, director of U.S. Citizenship and Immigration Services.
What do we call the first 10 amendments to the Constitution?
I failed the test by one question. Damn! I almost got the minimum wage correct(off 10 cents).
http://www.time.com/time/magazine/article/0,9171,1565565,00.html
Joining team U.S.A. may be getting harder. The government last week said it will revise the citizenship test to focus less on memory and more on understanding. "Rather than asking how many branches of government there are, we would ask why we have three branches of government," says Emilio Gonzalez, director of U.S. Citizenship and Immigration Services.
What do we call the first 10 amendments to the Constitution?
I failed the test by one question. Damn! I almost got the minimum wage correct(off 10 cents).
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Adaam
01-30 11:57 PM
Just asking out of curiosity because when an illegal alien lives and possibly runs from cops from place to place for a period of time then they are qualifed for a green card and eventually citizenship.
Why would they become nice to them after a certain period of time? It is illegal.
Why would they become nice to them after a certain period of time? It is illegal.
lux_mani82
09-28 11:55 AM
Hi All ,
I am currently on L1B visa valid till Dec 25 2008 and current I-94 valid still July 2009.
I can't apply for I-94 extension until Jan 09.
I am travelling to india on Nov and will return on Nov 30 2008.
Is it advisable to go for Visa Stamping during Nov 08 or can i file my extension once i returned back to US on NOv 30 2008.My visa will be valid only for 25 days and want to know if that will create any issues.
Any views would be greatly appreciated.
Thanks
I am currently on L1B visa valid till Dec 25 2008 and current I-94 valid still July 2009.
I can't apply for I-94 extension until Jan 09.
I am travelling to india on Nov and will return on Nov 30 2008.
Is it advisable to go for Visa Stamping during Nov 08 or can i file my extension once i returned back to US on NOv 30 2008.My visa will be valid only for 25 days and want to know if that will create any issues.
Any views would be greatly appreciated.
Thanks
tnite
03-12 10:26 AM
LC was approved in 08-20-07 but I-140 was not filed within 180 days according to new rules. has any body have this problem? will DOL or USCIS let it slip. please help.
Only your lawyer can help you. talk to him
Only your lawyer can help you. talk to him
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