arc
10-25 03:57 PM
Hi
Did anyone go to San Jose ASC at Charcot drive for their Biometrics?
I would appriciate if you can share your experience, in trems of, what time of the day did you go, was it crowded, how long did you wait, are the kids allowed inside, ease of the bio metrics process, have you been there before your actual appointment date, if yes what time of the day did you go and how soon were you done.
Also if your LUD changed after the appointment and did you call the FBI number to verify whether the prints were right?
Thanks!
Did anyone go to San Jose ASC at Charcot drive for their Biometrics?
I would appriciate if you can share your experience, in trems of, what time of the day did you go, was it crowded, how long did you wait, are the kids allowed inside, ease of the bio metrics process, have you been there before your actual appointment date, if yes what time of the day did you go and how soon were you done.
Also if your LUD changed after the appointment and did you call the FBI number to verify whether the prints were right?
Thanks!
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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.
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.
tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
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JunRN
08-20 09:17 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
That's for NSC.
That's for NSC.
more...
garybanz
09-27 06:49 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
Thanks.
mdipi0
11-17 09:56 PM
ok,,,this is mine. but...i never signed up. i know i didnt....weird.
more...
praveen2008
02-13 07:19 PM
\first of all thanks for the answers...
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
Sorry forgot to provide some more details which i should have...NO i have not filed 485 as my PD is not current... my PD is Nov 2007. new company is saying they will start the GC only after 6 months....
SO looks like better to hang on to current desi company and hope for best on the H1 extension and any POE if i am traveling outside
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chi_shark
05-07 11:14 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?
more...
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.
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.
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moolchand_2002
03-24 04:11 PM
Hello
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
-------------------
DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
Upon consideration, it is ordered that your I-485 be denied for the following reasons:
On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)
On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
Section 245(i) of INA further states, in Pertinent part that:
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
(A)WHO-----
(i) entered the United States without inspection: or
(ii) is within one if the classed enumerated in subsection (c) of this section:
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
(i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
(ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....
8 C.F.R Section 245.10(n) states in pertinent part that:
(n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
(1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.
Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
(1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
(2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
(3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
(4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.
Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.
USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
------------------
Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.
I am really very depressed and tensed please help.
Thanks
more...
LostInGCProcess
02-04 06:02 PM
Remember, if you leave US before AP is approved, you cannot use it to return back to US. On the other hand, if its approved and if its postal delay, and you left right after it got approved, then you can make arrangement to send it to you overseas and use it to enter US.
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crystal
10-26 02:48 PM
It is like h1 aproval notice with a photograph in it
how does AP look like?. is it like EAD or just a piece of paper.thanks:)
how does AP look like?. is it like EAD or just a piece of paper.thanks:)
more...
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WeShallOvercome
07-26 01:49 PM
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
Man,
First of all change your title. It looks like you actually did get an RFE !
Secondly, they do not ask for your status since first entry. They look for last entry.
I've never seen any RFE like this.
I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....
If Immigration let you enter ona visa last time, alll your previous sins are forgotten!
Chill
And please change the title
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
Man,
First of all change your title. It looks like you actually did get an RFE !
Secondly, they do not ask for your status since first entry. They look for last entry.
I've never seen any RFE like this.
I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....
If Immigration let you enter ona visa last time, alll your previous sins are forgotten!
Chill
And please change the title
tattoo racing car wallpaper.
bobsn
04-02 03:52 PM
So Let me get this clear in my head..
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
If the I-94 is valid for 6 months and then if you need to extend the stay of your parents
option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?
option 2: Go out of the US (Mexico, West Indies) and return in 1 month?
option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?
option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.
Thanks
more...
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SL%%
08-17 09:17 PM
I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:
- USCIS is playing safe
- USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
- USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).
- USCIS is playing safe
- USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
- USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).
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innervoice
01-20 12:29 PM
I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and stil the status hasn't got update, called several times but no luck.
more...
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i4u
04-16 12:50 PM
what happened? what advice did you get from your lawyer?
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
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bbenhill
10-06 08:29 PM
^^^^
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ksrk
05-01 08:11 PM
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
What's not clear about your case is whether or not you applied for your H1B BEFORE you finished school (in mid 2002). If for those 7 months you were waiting for a decision on your H1B (pending application with USCIS), then you weren't out of status during that period. On the other hand, if you did go out of status for >180 days, then you may have to explain it. Whether or not you get into trouble depends on the reason for going out of status in that period (if indeed you did).
masala dosa
08-31 06:36 AM
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
sdudeja
01-30 11:19 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
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