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.
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needhelp!
10-24 05:00 PM
Here's another bump incase DFW friends have missed it.
prince_charming
11-30 01:05 AM
Hi Prince,
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
Would you please tell me if your status is updated yet? If yes, How long did it take from MTR approval to updated status?
I have an approved MTR but it says that they are going to review my I-140. I have no idea how long will it take. Is there any possibility that the deny I-140 after Approval of MTR(I290B)?
Thanks,
Its been 2 years but my I-485 still shows denied although my MTR got approved and i have renewed 2 EADs and 2 APs etc.
Don't know for sure but i sent a letter to whitehouse and they sent a response couple of months later indicating my case is waiting for VISA number and everything else is alright.
And since my EADs and APs are approved in 2 years i am not that worried about online showing denied.
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hivicks
04-07 05:02 PM
Thanks that helps!- so you filled the G-639 form and had to wait for almost 8 months to get a copy of the I-140 approval notice.
more...
msgoud
03-09 11:30 AM
new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
reddog
07-01 03:09 PM
I am also ready to join in the lawsuit.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).
************************************************** *******
I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).
************************************************** *******
I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.
more...
xgoogle
06-24 11:08 AM
Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.
Thanks a bunch again for listening to my rant!
Thanks a bunch again for listening to my rant!
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chanduv23
03-08 08:48 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
more...
ita
08-13 04:34 PM
My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
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raj1998
02-18 05:11 PM
Its been more than two months I applied for my H1B visa extension, it got approved and I received I-797 also but online status still show 'Application Received and Pending'.
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
Now I applied for Advance Parole and EAD, they have deposited the fee checks also but don't see any change in last updated date for AOS application... I wonder if they update status at all....
more...
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finimits
05-02 03:10 PM
Hi Saji007,
Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?
Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
Thanks
Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?
Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
Thanks
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ras
10-26 01:32 PM
Get images of checks cashed by USCIS, your receipt numbers are stamped on the back side of the checks. Use these RNs to call up USCIS and change your address.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
more...
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natrajs
09-01 06:10 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
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chi_shark
10-08 10:30 AM
this category is to deal with starting and doing business in USA... no place in the first place to cry and vent depression of your brain and your friends brains... though annoyed with it, i respect your post and respectfully ask you to take it elsewhere... i wont respond to flame from you...
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
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desibechara
08-01 07:35 PM
hi:
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
more...
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txuser
03-11 09:39 AM
For me, it took around 1.5 months to receive the L2 approval notice. I filed online on 11/17/2009, mailed the hard copies of the documents (USPS Priority with delivery confirmation) the same day and received the L2 approval notice on 01/08/2010.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
You can do a concurrent filing for EAD (I-765) along with L2 (I-539). You'd probably receive the EAD in another month (Generally it takes around 2 to 3 months).
I did the mistake of not filing for EAD concurrently. I filed for EAD the second week of Jan (after receiving the L2 approval notice), Received the notice for Biometrics appointment in 3 days, scheduled for mid-February. Unfortunately, the ASC Office was closed that day due to bad weather and I received a re-scheduled biometrics appointment for the 3rd week of March. So, I am yet to do the biometrics and hopefully I'd get the card 2-3 weeks after the biometrics is done if there are no more surprises.
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chanduv23
09-15 06:47 PM
Do we have any guesstimate for the number of attendies for the rally?
10000 is expected and more.
Like a caller on radio said - we need 30,000 people and not 5000 people.
People in Tri State and DC area - no excuse for not coming. Just one day of your lives. Just one day
10000 is expected and more.
Like a caller on radio said - we need 30,000 people and not 5000 people.
People in Tri State and DC area - no excuse for not coming. Just one day of your lives. Just one day
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GreenMe
06-17 04:16 PM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
joshi_tushar
03-02 07:54 PM
I HAD SAME SITUATION FEW DAYS A GO, MY ATTORNEY TOLD ME THAT I NEED TO GO OUT OF COUNTRY ATLEAST FOR WEEK OR NEED TO FILE FOR H1B EXT.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
voldemar
03-09 10:07 PM
I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
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