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  • morchu
    05-04 02:42 PM
    No the H1B doesn't become INVALID.
    You just may not be eligible for another extension.

    All:
    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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  • martinvisalaw
    07-17 11:26 AM
    Hi,
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE

    POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.





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  • vishwak
    08-10 07:54 AM
    alright..I came back without any problem.

    Thats it.

    Good to hear, Hope your parents are fine too.

    Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.





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  • waiting_4_gc
    07-18 06:25 PM
    On 05/2005 applied I-485, got rejected and again applied now and forgot to mention in "Have you ever applied before..." caluse.
    Got reply from lawyer saying that it is not big deal but we can send a letter to CIS.
    Is it going to be the reason for rejecting again?
    Please share your opinion

    Do you know the reason for rejection?



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  • immiindi09
    01-12 05:38 PM
    thank you "div_bell_2003". e-file and paper renewal, does it take the same
    processing time?





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  • texasguy
    06-13 10:30 AM
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.



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  • helpmeExperts
    02-14 07:35 PM
    i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..

    ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current

    please advice





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  • deafTunes123
    08-28 02:05 PM
    One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
    Here is the link.

    http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133

    Link not working.



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  • kumarc123
    10-22 09:28 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks

    Hello there,
    Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
    So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?

    Hope it helps





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  • micofrost
    09-05 10:48 PM
    Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Thanks
    1. You need to file Change Of Status, I-539.
    2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
    3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.



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  • mrane1
    10-26 02:12 PM
    Mrane and Lramni

    Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!

    I you say you are out of town on appt date do they ask for a proof?

    A friend of mine went without the receipt. Only his wife had the receipt. They printed his receipt right there... Even tho his appnt was a week later they did his FP the same day... he had no problems with the security guard... I guess its just ur luck!





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  • AZ_GC
    09-06 01:31 PM
    Hello Augustus,

    Please provide more information like PD, ND and other filing dates.



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  • akhilmahajan
    02-04 11:06 AM
    Yes i did. It was the same way for my dad when i was on H-1B.
    I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.

    He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.

    I hope this helps.

    GO IV GO. TOGETHER WE CAN.





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  • learning01
    05-15 01:01 PM
    nandakumar:
    It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.

    Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them.

    As I said in many posts in this forum:
    1) Speak and/or write to your employers about these issues. I have done so on many occasions. They have the greatest influence and benefit on the CIR outcome.
    2) Write to news anchors.
    3) Write and motivate your colleagues.

    Be aware that the congress is 'kumbakarna' (in perpetual slumber) and I quote from discussion of Post-Politics (http://www.washingtonpost.com/wp-dyn/content/discussion/2006/05/11/DI2006051101546.html) at WaPo.
    washingtonpost.com's Daily Politics Discussion
    Tom Edsall Washington Post National Political Reporter
    Monday, May 15, 2006; 11:00 AM
    Boston, Mass.: How do you think the President's massive, overwhelming unpopularity is affecting Congress? What kind of work do you see Congress getting done for the American people in the coming months?

    Tom Edsall: The American people should not hold their collective breath, except recipients of capital gains and dividend income, who apparently will be protected from a rate increase for two more years.


    I will relax with a relief and see the beginning of solution to our issues, only when a bill is before President G.W.Bush for signing. Till then we must double or intensify our efforts. Also, know what the other side is doing.



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  • GC Struggle
    03-13 04:05 PM
    Can you tell me if all the 140's have been applied and approved from the same service center.

    The USCIS has the jusrisdiction to review all previously approved 140's to check that the company has the ability to pay all its 140 fillings - most of teh times this is done if the company has mutiple filings in the same calendar year.

    To answer your question if USCIS can come after you.. I guess yes.. I remember seeing a post on IV (member / user name Dimpi) where the persons 140 was rejected 2.5 years after it was approved.. this after him using AC21 and moving to another company...





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  • nhfirefighter13
    September 2nd, 2006, 06:37 PM
    Nice job, Antonio. I like both but prefer the second. :)



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  • Matt Peru
    08-16 10:42 AM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.





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  • brb2
    04-15 10:13 PM
    The objective here is two prong. The bill allows for US STEM MS/PhDs to work 3 years on a special F1 visa (3 year OPT against current 1 year). They can then "Self-Petition" to adjust status to permanent residence. Now the non US STEM 3 year requirement is to ensure they don't get special preference over US qualified applicants. Additionally, the 3 year working in the US rule most importantly prevents anyone say in India applying for permanent residence based on 3 years work experience say in Bangalore. Thus, this would allow a person 3 years on H1B in STEM to adjust status. However this itself will have a cap for non US STEM due to limited H1B visas. Additionally there is a move to limit the foreign STEM graduates to be working in the field not just qualification as opposed to US graduates. So a STEM from say India would need to be working in the field for 3 years on H1B (or other non-immigrant visa) to be eligible to apply.





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  • kris187
    07-24 03:36 PM
    What happens if i moved twice without informing of address change. Will it still be ok to do it now. I am on H1B with i140 approved. I think I have the address that they have on file.
    Thanks.





    Pineapple
    08-05 08:27 PM
    I have to self file I-765. My 485 filed by employer to Lincoln, Nebraska. Address not know to me.

    Please some one post where i can send my 765 application before Aug 17.

    Thanks

    If you are mailing via courier, then send it to

    USCIS
    Nebraska Service Center
    850 S. Street
    Lincoln, NE 68508-1225

    Hope this helps.





    Lollerskater
    09-25 12:45 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.



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