morchu
06-01 04:44 PM
If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.
USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.
At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.
Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.
Thank you for your immediate reply. I have 2 more questions as below :
My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.
1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?
3. My families also need to re-enter to USA at the same time ?
Hopefully, I am able to explain my occurred situation correctly.
I need your valuable suggestion pls.
USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.
At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.
Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.
Thank you for your immediate reply. I have 2 more questions as below :
My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.
1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?
3. My families also need to re-enter to USA at the same time ?
Hopefully, I am able to explain my occurred situation correctly.
I need your valuable suggestion pls.
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GKBest
08-23 11:23 AM
This has been bugging me for a while now. I applied for I-485 in July 2007.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.
Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.
I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.
Any thoughts.
Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.
I want to be proactive and get other documents ready if that is what it'll take.
USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.
pachai_attai
09-04 09:05 AM
485 approved on August 31st. Approved 3 weeks after I sent out the RFE.
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JunRN
11-05 12:32 PM
The good thing though, if your PD becomes current and you file AOS for them, they will follow your PD and will be approved along with your case. Meaning, your wife will always be in queu with you and overtake those with later PD.
The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.
Worse is if they have to go back to your home country and wait from there.
The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.
Worse is if they have to go back to your home country and wait from there.
more...
h1bnogc
07-13 08:27 PM
thanks raysaikat for your response.
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
ssbaruah@yahoo.com
06-10 10:16 AM
Thanks a lot. I find your suggestions great and if followed, will definitly make a difference. Thanks once again.
more...
GC_newbee
10-29 09:06 PM
I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?
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svr_76
05-21 07:46 PM
And the other presidential candidates will be from All Indian American Desi Munnettra Kazhagam, the Techie Desam Party, Better Samajwadi Party.
more...
snathan
02-11 01:50 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
USPS is cheap and best...
There is one more thing even cheaper...
put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
USPS is cheap and best...
There is one more thing even cheaper...
put it in a water tight bottle and throw it to the pacific ocean...and pray it will reach chennai.:D
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gjoe
08-20 07:01 PM
I am opening this thread to bring focus to the real issues at hand and how to channel our energy (frustation) effectively for seeing postive results
Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.
How are we trying to resolve the issue?
Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.
Why we don't see much success with our current approach?
Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.
So what can we do?
As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.
I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
We should be polite during all our phone conversation with the agents.
What do we get by increasing the call volume?
All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.
What can we do with more information from USCIS and DOS?
We can plan for our future better, since we have better information.
IV can focus on real issues when we have the accurate information.
We will have better information while we ask for reforms in the EB GC system.
We will have less frustation because we have a clearer idea when to expect our pending case to become active
Please feel free to comment also participate in the poll
Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.
How are we trying to resolve the issue?
Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.
Why we don't see much success with our current approach?
Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.
So what can we do?
As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.
I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
We should be polite during all our phone conversation with the agents.
What do we get by increasing the call volume?
All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.
What can we do with more information from USCIS and DOS?
We can plan for our future better, since we have better information.
IV can focus on real issues when we have the accurate information.
We will have better information while we ask for reforms in the EB GC system.
We will have less frustation because we have a clearer idea when to expect our pending case to become active
Please feel free to comment also participate in the poll
more...
dsneyog
11-30 10:54 PM
Sorry I have no advise as I am filing my AP tomorrow for the first time. However it scares me that it's been over 3 months that USCIS received your application. I am sending out mine tomorrow and need to get it it by late February. Wondering if I should mention in my covering letter about expediting it. I am also planning to include prepaid envelope.
Hope someone here can answer your question.
Hope someone here can answer your question.
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eastindia
09-14 02:18 PM
There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?
I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.
You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.
I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.
You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.
more...
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hsd31
05-12 10:04 AM
Please search the forums. This has been discussed multiple times (and frowned upon by some multiple times :)). The gist of it is: it is not your qualifications, but the Job requirements that determine if it is EB2 or EB3. Also, you cannot count the experience you have gained with your employer when filing for GC with the same employer. Moreover, since the July 07 fiasco, EB2 filings for tech jobs are been closely looked at by USCIS and can be subject to a Business Necessity RFE, unless the position is on the Managerial side of things. The best advice I can give you is: Consult with your lawyer since each case is unique and there could be justification for a port in certain cases.
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thomachan72
10-04 01:29 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
more...
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sb724
08-15 05:34 PM
Hi,
I got RFE as PAchai_Attai, the difference is he got NOID.
My attorney has submitted evidences a week ago, still now no updates on my 485.
I have not got tracking # from attorney, he sent email that he submitted evidences. He said he can not check which is my track # used to my case in his office.
He said I have to wait long time to see updates on my case, becuase USCIS is receiving applications in flood.
These Evidences supposed to received by USCIS before Aug 13th. My case is at NSC.
I am in confusion that how to deal this.
Please advise.
Thanks
sk
I got RFE as PAchai_Attai, the difference is he got NOID.
My attorney has submitted evidences a week ago, still now no updates on my 485.
I have not got tracking # from attorney, he sent email that he submitted evidences. He said he can not check which is my track # used to my case in his office.
He said I have to wait long time to see updates on my case, becuase USCIS is receiving applications in flood.
These Evidences supposed to received by USCIS before Aug 13th. My case is at NSC.
I am in confusion that how to deal this.
Please advise.
Thanks
sk
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sidbee
06-10 10:43 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
more...
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beautifulMind
08-24 11:34 AM
I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
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GetGC08
07-30 06:29 PM
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
hairstyles Friday, March 4th, 2011
karthkc
07-31 05:34 PM
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...
As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)
Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.
Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Family Based (FB) quota works differently from Employment-based (EB) for green cards. This forum is geared towards EB so you may not get a lot of help here...
As far as extending her H1B goes, if there have been no other Employment-Based GC applications filed on her behalf, I dont think of any way that will allow you to extend her H1B short of time outside the country recapture (as suggested above)
Look at all the days she has been out of the US in the last 6 years and that might give you enough time to come up with options and file an extension ASAP.
Also, if willing to take a chance, she can use the 180 day rule to stay out of status, however I would strongly recommend against that since the consequences might affect any current or future GC petition..
rimzhim
06-07 11:48 PM
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Cheers!
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www.cnn.com
Cheers!
You mean rust in peace !!!!!!!:D :D :D
BharatPremi
12-08 11:17 PM
And no one can dare to put a price on tension, mental torture through which most are going through. To any one that is the biggest saving and so one should move forward for donating. So please respect the funding request from IV family for respecting yourself.
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