thomachan72
04-12 08:28 AM
Hi guys,
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.
I am a new bie but in deep trouble,
My case is like this
Have valid I-797 - till - Jan 16,2009 ( now expired right )
Valid I-94 - till -Jan 24 , 2009 ( now expired right )
Applied for extension in --- Sept 2008( 5months before I-94 expiry date)
Applied for premium in -- Feb 26, 2009
RFE -- Mar 2, 2009
Denied -- Mar 31,2009
Trying to transfer my H1- to another product company under premium.
I heard if you appeal the denial, you cant file the transfer, so i dont want to appeal,
Please correct me if this is incorrect ???? gurus please help me,
As I know I dont have any status but denial letter says appeal with in 33 days.
Consulted PRODUCT COMPANY ATTERNEY , said you can stay up till 30 days.
Is it possible to transfer with out appeal or MTR for the current denial ?
Please advice, as I am already running out of time....
thanks
jvs
very sorry to hear about that. why dont you go for an apeal? what was the reason for denial? what was the RFE for? was this your first extension? give us more details to analyze the situation.
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waiting4gc
07-17 06:48 PM
In fact your latest I94 number is needed on ALL your forms. So you will not be able to even complete the forms till you get back. So either
1) Cut your trip short and return
OR
2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
1) Cut your trip short and return
OR
2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
clif
06-15 01:35 PM
Experts, Please advice on this :
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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greenguru
06-28 03:41 PM
I checked on murthy site, what is there ?
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bach007
12-03 06:26 AM
What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
werc
10-10 12:43 AM
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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nozerd
11-15 12:02 PM
Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.
Also answer depends on number of questions.
1) What is your current nationality
2) Do you have expired H1 B stamp in your passport ?
Also answer depends on number of questions.
1) What is your current nationality
2) Do you have expired H1 B stamp in your passport ?
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mchundi
03-15 12:30 PM
hi Super_Moderator,
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Guys,
This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
Our consultants have advised us well in this regard, if they have done so.
--MC
Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...
just to know whey we need to wait for later to add this...
Guys,
This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
Our consultants have advised us well in this regard, if they have done so.
--MC
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GCchakravyuh
07-13 11:43 AM
Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
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iwantmygreen
04-22 07:33 PM
Is there any way to know if employer has revoked your 140. I have an approved 140 & pending 485. After filing 485 I left my company before completing 180 days. Its more than 9 months since I left my employer. Will the status change on USCIS web if 140 was revoked.
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gc_bulgaria
02-12 03:38 PM
My husband is ROW and dependent. I am primary and EB2 India.
Therefore cross charge comes into play.
Therefore cross charge comes into play.
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permfiling
12-15 02:19 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
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hydboy77
04-27 09:59 PM
a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.
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Pagal
07-20 08:27 AM
Hello,
IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...
The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.
The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)
IMHO, do not sacrifice the career (either yours or your wife's) for the sake of GC .... the amount of money and experience that you stand to lose by not progressing in the career is very difficult to recoup after you get your GC. In this economy, more experience you gather, better will be your chances of securing a higher position and income. I always chose career over GC ... which delayed my GC by about 5 years, but the extra income and experience have more than made up for it ...
The good news is that you have an approved I-140, so you have a priority date that you can always use irrespective of type of application and/or sponsor (which means, you can file for a new I-140 based on your new job but with the old priority date). Do ask your new employer if they are open to file in EB-2 within one year of your employment based on your performance on the job.
The fall back option in terms of your wife's career is dicey to count on in this economy, IMHO. Your H1-B is a better fallback option while your GC is pending....just my 2-cents! Good luck! :)
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DDash
09-22 11:46 AM
....
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
Thats what GC means to me.
....
On the other hand...Its just the current state of mind...
Very well said....Great post. Often times, we get into a "rat" race and get desperate at times. Do the best that you can with what you have. Dont let the lack of GC limit you from achieving your goals. Dont get me wrong, we should fight for our GCs, but at the same time, dont let the desire to get GC stop you from achieving your goals.
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hianupam
04-26 08:17 AM
I'll. I am big foodie (from all places)...
We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.
Some terms you will hear when you talk about location in houston:
1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
The main things to consider are (at least I did when I bought a house)
1. Safety : There are some very shady parts of town.
2. School District (ISD)
3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.
These are the salient points that I could think of.
Let me know if you have more questions. PM me if you guys are visting Houston in the near future.
We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.
Some terms you will hear when you talk about location in houston:
1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
The main things to consider are (at least I did when I bought a house)
1. Safety : There are some very shady parts of town.
2. School District (ISD)
3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.
These are the salient points that I could think of.
Let me know if you have more questions. PM me if you guys are visting Houston in the near future.
more...
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vejella
02-09 12:19 PM
Sueing immigration system could be our fall back resort if there are no reasonable bills passed in the coming days.
Its could not get any worse than what it is right now.:)
Its could not get any worse than what it is right now.:)
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gcsucks
06-01 02:58 PM
ya so if i can atleast file my 485 i can be relieved that i will not have to leave the country ! Everybody has the same problem buddy
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sanju_eb3
02-26 09:33 AM
If I were you, I would take start with something "less technical" in the IT field like testing. You can learn a tool or two (example: Mercury, Rational etc) and basic methodology about planning, executing and monitoring testing. You have your background in HR and can use your functional skills to add value to any HR enterprise implementation.
You can then move to more technical side of the IT fields with configuration of any of the major enterprise tools like others have suggested - Peoplesoft, SAP etc.
You can then move to more technical side of the IT fields with configuration of any of the major enterprise tools like others have suggested - Peoplesoft, SAP etc.
gc_wow
09-16 10:54 PM
Get the cnn chief and make this lou dog on our side, that would be he will never talk about H1b and will praise IV for their efforts in improving USCIS and public policy. This is the time to do this. If dog wont budge then pull sponsers and chase him to the end of earth and may be hell.I have never seen such a bigot in my life.
prem_goel
11-22 11:39 PM
anyone up for H-1b stamping at Tijuana - Mexico on 30th November. Please ping me and we can plan together. Thanks!
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