shankarsivam
04-13 05:53 PM
Hello Attorneys / Experts,
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
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dskhabra
07-18 01:11 PM
You can apply only after getting receipt number. I am also not filling EAD/AP right now because attorney is asking for $800/person to file EAD/AP. I'll file once I get receipt number.
raoece
03-13 11:42 PM
i am from knoxville
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keshu_m
10-21 08:39 AM
My company applied for my L1B petition in 2007 which was approved and I got an L1 visa in Mar 2007 which was valid until Aug 2009. However I traveled to the U.S only in December 2008. Since my L1 visa was expiring by Aug I applied for a L1 extension in May 2009. This was rejected in August due to some confusion with the I-94. So I had to travel back to India in Aug 2009.
I then applied for a fresh L1 visa based on my company's L1 Blanket petition. I got this new L1 visa in Sep 2009 and returned back to the U.S. This new visa is valid until Sep 2011.
My question is can I apply for another L1 extension?
Will my visa duration or stay duration be considered when applying for another extension?
I have stayed in the U.S on L1 status only from Dec 2008 - Am I not allowed 5 years?
Also I am not sure whether I have exhausted my quota of extensions. Will my case be considered as 2.5 years the first time and 2 years extension the second time?
Or will the Blanket visa be considered a fresh start allowing me another extension?
Also what will happen if I transfer to H1 at this point of time ... will my L1 stay duration or my L1 visa duration be considered when deciding the H1 visa validity?
Please help with some answers...
I then applied for a fresh L1 visa based on my company's L1 Blanket petition. I got this new L1 visa in Sep 2009 and returned back to the U.S. This new visa is valid until Sep 2011.
My question is can I apply for another L1 extension?
Will my visa duration or stay duration be considered when applying for another extension?
I have stayed in the U.S on L1 status only from Dec 2008 - Am I not allowed 5 years?
Also I am not sure whether I have exhausted my quota of extensions. Will my case be considered as 2.5 years the first time and 2 years extension the second time?
Or will the Blanket visa be considered a fresh start allowing me another extension?
Also what will happen if I transfer to H1 at this point of time ... will my L1 stay duration or my L1 visa duration be considered when deciding the H1 visa validity?
Please help with some answers...
more...
va_il
04-04 12:23 PM
Thank you seahawks for sharing your info. I think the name change will be of concern only if it happens after I140 approval.
sac-r-ten
07-07 11:55 AM
I tried to find answers in other forums but didn't find any.
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
more...
San_Chez
03-10 03:26 PM
Hello all:
First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!
I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.
-Can I change my status to H4 until I get another job and then file for GC with new employer?
-What are current processing times for H4 if applied from within the US?
-Will I get subjected to H1 quota when changing back from H4 to H1?
-I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
-If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
-Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?
Any input is greatly appreciated.
Thanks!!
First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!
I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.
-Can I change my status to H4 until I get another job and then file for GC with new employer?
-What are current processing times for H4 if applied from within the US?
-Will I get subjected to H1 quota when changing back from H4 to H1?
-I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
-If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
-Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?
Any input is greatly appreciated.
Thanks!!
2010 Thanksgiving Funny Turkey
PavanV
08-04 09:30 PM
Your qoute about immigration is absolutely fabulous !!, that made my day !!:D, I wish all American Indian should now give visa's to everyone who is here already...
She does not need to do anything but get a job, fill form I-9 and start working again. She is in a period of authorized stay since her I-485 is pending. I don't think it's even necessary to apply H4 for her.
She does not need to do anything but get a job, fill form I-9 and start working again. She is in a period of authorized stay since her I-485 is pending. I don't think it's even necessary to apply H4 for her.
more...
eldrick
07-24 11:04 AM
Can please someone help me? Thanks
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delhibaba
07-24 05:04 PM
I am about to switch to a new employer using AC21 and would work on EAD. I still have more than 2 years on my current H1B (i.e. I'm on 4th year right now).
Can I re-use my remaining H1B in case I need to in future? Because in case my I-485 gets a denial (which shouldn't be the case) I would be out of status!
My case:
sub-labor, 140 approved, I-485 pending for more than 1 year now.
Can I re-use my remaining H1B in case I need to in future? Because in case my I-485 gets a denial (which shouldn't be the case) I would be out of status!
My case:
sub-labor, 140 approved, I-485 pending for more than 1 year now.
more...
Tommy_S
05-04 04:28 PM
Nice? Hm... I can't understand what's depicted there. Sorry, don't like it. :smirk:
hot us this funny Thanksgiving
Greatdesi
05-18 07:58 AM
I sent my documents for I485 on May 4th. Fedex web site shows that the documents were received by the service center on May 5th. But so far, my checks were not deposited or I haven't received the official receipt. How long does it take usually for USCIS to deposit checks? If I don't get the receipts for another week, what do I do?
more...
house Funny Turkey One photographed
simikishore
08-02 11:04 AM
I am in the same boat. Attorneys, Gurus and Experts...please advice on this.
Hi Attorneys and Experts,
My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.
I have following questions:
� if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.
� How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.
All I am just trying to get a knowledge of what is the law.
Hi Attorneys and Experts,
My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.
I have following questions:
� if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.
� How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.
All I am just trying to get a knowledge of what is the law.
tattoo Nov 27 2008 11:05 AM
kkrp
05-01 10:45 AM
Can you please refer me the other formus link abt this issue as you mention in your reply. I don't know what i should write in the email since this is my 9th yr extension.
Can you pls. tell me whether Labor dept. will notify our labor details requesting email to Employer or not? Just for safer side I am asking.
Thanks.
Can you pls. tell me whether Labor dept. will notify our labor details requesting email to Employer or not? Just for safer side I am asking.
Thanks.
more...
pictures (Not that turkey)
Craz
03-08 09:38 PM
I just finished my website, you can check it out here (http://www.allourstuff.com/crazdesigns).
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memyselfandus
04-21 09:09 PM
Was it paper based filing?
more...
makeup funny-thanksgiving-turkey-joke
Blog Feeds
10-15 06:30 PM
India has expressed its concern to the Chinese government over Beijing issuing visas on a separate sheet of paper to Indian nationals from Jammu and Kashmir instead of stamping them in their passports. Ministry of External Affairs (MEA), India strongly believes this, as a well-thought-out strategy to question the status of its state Jammu and Kashmir. It has been issuing visas stapled to passports to people from Arunachal Pradesh who have traveled to China since 2007.
MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.
This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.
More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)
MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.
This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.
More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)
girlfriend Funny Turkey Photos
gcpool
07-14 01:58 PM
Your priority date is not yet current. It will be in August.
Also you need to prove that you have exhausted all ways to get it adjudicated.
InfoPass - Eitherway its useless
Approaching your senator.
If none of these work then you apply for WOM
Otherwise your case will be weak and be thrown out
HI Gurus,
I need advice from you guys,
My priority date is June 2005 (EB2) and my I-485 receipt date is July 7th 2007 at TSC
My questions regarding Writ of Mandamus are
1. Would I be qualified to file for Writ of Mandamus (WOM)?
2. If I am qualified, would it be of any benefit for me to file WOM based on my criteria as
detailed above?
Thanks a lot.
Also you need to prove that you have exhausted all ways to get it adjudicated.
InfoPass - Eitherway its useless
Approaching your senator.
If none of these work then you apply for WOM
Otherwise your case will be weak and be thrown out
HI Gurus,
I need advice from you guys,
My priority date is June 2005 (EB2) and my I-485 receipt date is July 7th 2007 at TSC
My questions regarding Writ of Mandamus are
1. Would I be qualified to file for Writ of Mandamus (WOM)?
2. If I am qualified, would it be of any benefit for me to file WOM based on my criteria as
detailed above?
Thanks a lot.
hairstyles funny turkey.
1human1
03-04 06:12 PM
Hi,
I am leaving company A to join Company B. My first 3 year term of H1 is expiring with company A soon in the next 6 months.
1. Do I have to apply just H-1 transfer or (H-1 Transfer + H1 extension) with company B?
2. Is there any number of weeks or period that I can be with out any pay stubs from company A after I leave them before I join company B? Will I fall 'out of status' as soon as the company A stops running pay stubs (they may not revoke immediately as my 3 yr H-1 is expiring with them soon anyway)? I am asking this because the company B may take a couple of weeks to employ me and start paying me.
3. Company B is doing good now. But who knows what will happen in this recession economy?! What are my options to be in legal status if I get laid-off by company B after H-1 transfer with them OR if the H-1 transfer to company B gets rejected for whatever reason?
Thank you for your suggestions.
I am leaving company A to join Company B. My first 3 year term of H1 is expiring with company A soon in the next 6 months.
1. Do I have to apply just H-1 transfer or (H-1 Transfer + H1 extension) with company B?
2. Is there any number of weeks or period that I can be with out any pay stubs from company A after I leave them before I join company B? Will I fall 'out of status' as soon as the company A stops running pay stubs (they may not revoke immediately as my 3 yr H-1 is expiring with them soon anyway)? I am asking this because the company B may take a couple of weeks to employ me and start paying me.
3. Company B is doing good now. But who knows what will happen in this recession economy?! What are my options to be in legal status if I get laid-off by company B after H-1 transfer with them OR if the H-1 transfer to company B gets rejected for whatever reason?
Thank you for your suggestions.
kirupa
08-08 09:07 PM
Is your question on how to import data from an XML file and display it in your project?
yagw
08-18 10:46 PM
Hi,
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
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