Tuesday, June 14, 2011

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  • ivar
    04-23 09:29 AM
    I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.


    Hi All,

    Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.

    Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.

    Thanks





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  • Leo07
    05-21 10:20 AM
    and there are lots more like us...





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  • GCEB2
    06-24 08:06 PM
    at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
    My question is
    1. if i send the I102 form how long will it take to get new I 94 card.

    2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.

    3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN





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  • jungalee43
    08-27 02:52 PM
    Dear Attorney Prashanthi Reddy,
    Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
    The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
    Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
    Once again thanks a lot for your reply.



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  • LostInGCProcess
    08-18 07:36 PM
    I thank you all for your encouraging and kind response.
    The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
    My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
    The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
    But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
    So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.

    Thanks again for all your advice.

    Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.





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  • gc_rip
    06-18 01:33 PM
    ..



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  • usgc07
    02-15 09:23 AM
    Hi,
    My friend got GC when he was single. Later he got married . So spouse is still in India . She has not received GC. She has no visa to visit him.
    That is the reason H1B option is being explored. She has the right qualifications and relevant experience. US Corporation is willing to sponser her H1B petition.

    Since her husband is already in USA and green card holder, visa officer might reject her H1B petition stating that she is an intended immigrant.

    or
    he might issue the H1B visa because it is a dual intent visa.

    So what's the chances of her getting the H1B visa.

    Thanks





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  • questions
    06-05 04:44 PM
    Hi,

    I have been selected for the Green Card Diversity lottery and have some questions:

    I have been working for the past 6 years on a H1B visa and have been laid off in March.
    I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
    I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

    1- Is my Green card application/approval in jeopardy by being out of status?
    2- Is it possible to have my status adjusted and proceed inside the United States?
    3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
    4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?
    5- Overall, what would be the recommended approach to give the best chance of approval?

    Thanks in advance!



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  • gauravsh
    05-04 09:44 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The





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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.



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  • Raj_2009
    08-18 09:16 PM
    Hi Experts,

    I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.

    They are ,

    1. Photos
    2. Application form not signed
    3. Identity documents.

    I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.

    But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.

    1. Please advice me if I have to fill in a new application with signature and send it.

    2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.

    3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.

    I am totally confused and job is at stake.

    Eagerly waiting for your expert guidelines.

    Thanks,
    Raj





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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?



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  • addsf345
    11-11 03:46 PM
    I am a july 2007 filler as well and my GC was approved last month though the processing date was few months behind. I know some other cases as well whose 485 was approved when the processing date was not current. So i would say that just stay positive and keep your fingers crossed. Happy days should be just around the corner.

    can you share more details about your case?





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  • lacrossegc
    07-30 04:54 PM
    It seems that USCIS posted new versions of I765 dated (07/30/2007)N.
    Looks like it is a required form and older versions are not accepted....!!!!!
    :mad: :mad: :mad: :mad:

    Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms

    Filing Fee :
    $340
    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.



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  • happy1
    08-14 05:12 PM
    Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?





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  • pappusheth
    04-21 06:44 PM
    I filed my H1 extension in late February and got it approved in mid March. This was not premium processing.

    It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.

    hope this helps..



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  • ampudhukode
    03-24 07:01 PM
    gcwait,

    This was his first job after graduation and has remained there since, so there is only one co to show experience from.

    I guess I will ask him to get something addressed for some other purpose like Tom suggested.

    ampudhukode

    Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

    The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.





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  • kondur_007
    03-23 01:33 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.





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  • jsb
    12-17 09:41 AM
    A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.

    They definitely are not working in PD order. PD is only used to skip a case if not due. They seem to work in order of paper filed cases, which are perhaps stacked in order they physically receive them (which is generally a date a few days prior to ND). That's what they mean when they claim "we process cased in order we receive them".

    With above logic, your case was "received" in CSC in July08. Therefore, they are unlikely to look at it until they look those received prior to July'08. This is bad management, but that's how they seem to work. That also proves as to why they ask/get wider PD openings as year end nears (so that they don't have to skip too many cases when they pick cases one after another in order they physically received them).





    amsgc
    01-12 06:27 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?





    ski_dude12
    05-03 01:21 PM
    All:

    Your advice in this case would be very helpful. Consider the following scenario-

    1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
    2: What happens to my H1 if the I-485 gets denied?

    I guess in short the question is-

    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?



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