Friday, June 10, 2011

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  • snathan
    03-27 12:49 AM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.

    Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.





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  • s.m.srinivas
    03-31 01:58 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...





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  • kevinkris
    11-03 08:42 PM
    http://www.youtube.com/watch?v=INo69f7f8bo

    About CIR.

    The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it





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  • walking_dude
    12-12 04:12 PM
    I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !

    Of course, none of them will come here and claim it !



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  • texcan
    07-29 09:53 PM
    It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try

    Chandu and Gurus

    I am curious to know how long can one stay out of job on an EAD. My case being 485 applied in july 2007 , 140 is already approved and its been about a year since 485 application.

    So does the law says that one has to stay in employment or one can relax and take it easy for a little bit.

    thanks in advance
    -d





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  • immilaw
    09-17 12:05 PM
    Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

    Find out/research as much as you can on this - we need to understand what is going on.

    I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.



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  • Rajeev
    08-10 02:54 PM
    By other poster...

    "Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
    H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
    Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
    go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
    If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
    Good Luck
    And thanks"

    If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
    1. Increase of Immigrant visa to 290,000.
    2. Master's degree from US in STEM field not counted in any quota.
    3. Master's degree from a foreign country and three years of US experience not counted in any quota.
    4. Family counted as one.
    5. Recapture of visas from previous years





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  • hsingh82
    03-25 05:01 PM
    Voted for few pro legal immigration messages!



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  • eb3_nepa
    01-14 03:07 PM
    Only H1 reform is likely by feb 15th.

    Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?





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  • Bobby80
    06-03 04:22 AM
    Ann
    Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks



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  • jonty_11
    10-06 12:48 PM
    I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
    After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
    My 2 cents.
    USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
    U will be lucky if they dont!!!!

    With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...





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  • GIC
    01-09 03:07 PM
    Extrapolating the Einstein equation E =mc2 I get the following results :


    EB3 June 01

    EB2 Dec 2000

    Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???



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  • dtekkedil
    07-03 10:03 AM
    I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:



    Maybe a stinky garden weed. It's the thought that counts:D.


    LOL!

    You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)





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  • maxy
    04-28 09:43 AM
    this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?



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  • Better_Days
    10-14 07:30 PM
    Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.

    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".





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  • nitkad
    04-29 01:57 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    If you think no one is giving you correct answer, just spnd some money and consult a lawyer.



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  • aj_jadeja
    04-06 01:32 AM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/04/05/AR2006040502038.html





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  • Ann Ruben
    06-29 03:00 PM
    Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.





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  • reddymjm
    03-11 01:02 PM
    I just emailed mine to info@immigrationvoice.org.





    meridiani.planum
    09-21 02:15 PM
    sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area

    proper bay area in any decent neighbourhood is going to run anywhere from 600K-2million. For 400k I think the only places in south bay would be either parts of south san jose or Milpitas. Neighborhood is not going to bevery nice.
    Another option (depending on where you are working) could be part-way up the bay, say union city, or San Ramon.

    Check ziprealty.com





    velan
    05-10 08:28 AM
    Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.



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