ram04
05-23 10:36 AM
Re entry with new H1 in 2003 - will it not reset your prior record straight?
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
DareYouFireMe
03-09 03:03 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
calaway42
10-04 01:31 AM
hey after im done deleting.. it says Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite. i dont get what "move the highlight of layer" is..
![cute quotes about angels. cute quotes about angels. [BlueDanube] *ANGELS OF OUR LIVES*_*; [BlueDanube] *ANGELS OF OUR LIVES*_* - Fun, Hummer, Entertainment and Cute Quotes](http://img97.imageshack.us/img97/7136/viktoriahaack.jpg "cute quotes about angels. [BlueDanube] *ANGELS OF OUR LIVES*_*; [BlueDanube] *ANGELS OF OUR LIVES*_* - Fun, Hummer, Entertainment and Cute Quotes")
vick
07-07 01:24 PM
It happened with me too last year. My h1 extension was denied and the RFE which my lawyer got was missing the reason for denial. When my lawyer called USCIS, they said they will send a new RFE and the very next day my h1 status changed to Approved. I think its just a mistake by USCIS...
Good Luck and keep us posted..
Good Luck and keep us posted..
more...
fromnaija
05-22 04:45 PM
Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.
Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
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.
more...
lonedesi
08-04 04:29 PM
I have made changes and posted separate letters on http://immigrationvoice.org/forum/showthread.php?t=20657
Please post your comments on that thread
Please post your comments on that thread
lusuresh
07-17 09:27 AM
I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.
more...
msp1976
02-11 07:07 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
You can always file for visa extension again...never heard of a I-94 extension as such....I think they might give you a proper I-94 for the whole valid duration...Anyway you can get a new passport booklet in US from consulate fairly quickly...
When you come back...Please post what happened to you ....
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
You can always file for visa extension again...never heard of a I-94 extension as such....I think they might give you a proper I-94 for the whole valid duration...Anyway you can get a new passport booklet in US from consulate fairly quickly...
When you come back...Please post what happened to you ....
ram04
05-23 10:36 AM
Re entry with new H1 in 2003 - will it not reset your prior record straight?
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
Were you involved in any sort of un authorized employment after your new H1 approval and before I 485 filing?
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
more...
masterji
08-21 01:24 PM
Thanks for the reply. If someone uses AP does he need to use EAD? Can anyone just apply for AP and not EAD?
You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.
You can enter on H1 on "deferred inspection" status. Google for deferred inspection for more details.
anzerraja
07-20 03:16 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
StuckInTheMuck
11-13 07:29 AM
Same here. Ignored medical in the July 2 filing rush, got receipt, EAD and AP all in time, waiting for FP notice.
amitjoey
03-09 03:40 PM
For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).
more...
vbkris77
04-13 11:06 PM
Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
rajev_kk
07-14 08:49 PM
Mine is a substitution case and have filed for 140. After reading this post, was thinking if I can file for 485. Mine was filed last week and I have not received the receipt for 140 as-yet. Can I ask my attorney to go-ahead and file for 485 even though I don't have a receipt? Is there anything that I should wait for?
Thanks.
Thanks.
more...
logiclife
08-02 02:19 PM
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
baburob2
12-04 06:46 PM
basically you have to maintain GC and then also abide by citizenship requirements. regarding the stay if you want to apply for citizenship after 5 years of getting GC you should physically be in US for 30 months (ie half of the 5 years) and no single travel outside of US should span more than 6 months (though under some circumstances you could counter travels between 6 months to 1 year).
sandiboy
08-14 03:50 PM
Mine/Spouse:
485 RD: Jul 2 '07
485 ND: Aug 7' 07
Waiting for FP Notice
485 RD: Jul 2 '07
485 ND: Aug 7' 07
Waiting for FP Notice
harsh
12-30 02:08 PM
elanegeng and curiosity_76 welcome to Alabama state chapter. Nice to know that there are people in alabama stuck in retro. For a while I was getting alone in here :). I am in Huntsville. Where are you in bama curiosity_76?
Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.
Lets stay in touch. We can share our contact information so that we can get in touch with others when we have to meet lawmakers or other important events.
nviren
03-24 05:34 PM
To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz
