loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
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dks
11-01 07:01 AM
I think if it has been 1 year since your your LC was filed, you can get an extension based on that.
little_willy
09-15 10:54 AM
" There is only one thing that is certain in life - death. Everything else has certain uncertainty to it and cannot be fully trusted, that's why you should question everything."
Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.
Come to DC and ask the questions to the lawmakers. Seek justice and feel the sense of accomplishment at DC.
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sreedhar
10-11 12:51 PM
can u pls let me know ur date your application has been mailed and to which center.
I mailed it to NSC on aug 3rd nothign yet..
Sorry to hear that....Mine is TSC and They receieved my Applications on Aug 13, 2007. But One of My friend Filed with NSC and They receieved his application on Aug 16, 2007. His Check got cleared couple of days before.
Thnaks,
Sree
I mailed it to NSC on aug 3rd nothign yet..
Sorry to hear that....Mine is TSC and They receieved my Applications on Aug 13, 2007. But One of My friend Filed with NSC and They receieved his application on Aug 16, 2007. His Check got cleared couple of days before.
Thnaks,
Sree
more...
lonedesi
12-11 01:22 PM
I would like know if any of the IV members whose I-140 applications were transfered to VSC for receipting has been approved. If those IV members have received any kind of communication from VSC regarding processing of I-140 please post the details for benefit of other members. My case should have been processed at TSC, but was sent to VSC for receipting and has been stuck there for quite some time. It appears that VSC has stopped processing I-140's as of April 2006 and have not processed any applications since then. I would sincerely appreciate if members with I-140 at VSC to please post any updates they may have received. Any idea when I-140 PP will be reinstated?
pmandappa
10-25 10:54 AM
I have a PD of April 2008 in the EB2-I category, but am exploring the option of switching to EB1 if possible. I am a clinical psychologist, working in a not-for-profit agency. What are my chances? Does it depend more on the case itself or a really good lawyer who can present your case in the best way it can be presented? This is a really stressful situation because my husband's H1-B runs out next summer and we cannot live here on just my income. Any feedback?
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love police
08-25 09:21 AM
Im from Australia - Victoria - Melbourne
interesting. :)
interesting. :)
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desibechara
11-06 03:12 PM
yes I had LUDS on Nov3, nov and Nov6..approval sent yesterday..
My RFE was about bachelor certificates..only..
because I had submitted all my w2s and tax stuff when i filed concurrently last year on aug 7 2007
Lawyer sent it on Oct 28 and recvd on nov 3..then in 2 days approval..
My RFE was about bachelor certificates..only..
because I had submitted all my w2s and tax stuff when i filed concurrently last year on aug 7 2007
Lawyer sent it on Oct 28 and recvd on nov 3..then in 2 days approval..
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dbzfan33
10-14 12:39 AM
ok
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little_willy
09-15 10:16 AM
�Keep your dreams alive. Understand to achieve anything requires faith and belief in yourself, vision, hard work, determination, and dedication. Remember all things are possible for those who believe.�
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ping
06-13 05:06 PM
HI all,
I would like to have your opinion regarding my spouse visa, I applied for H1B visa in Cairo Egypt. I'm a female IT pro and got the visa with my 2 sons 5-2 years old. My husband was not given visa, VO never asked him any question and just stapled a paper to his passport to track his visa status online. I asked VO wheathre that means my husband was rejected, she said no just some delay, it takes some cases more time.
it has been one month since I did my interview in the consulate and nothing updated on that web site. My husband has his sister in USA with Green card. What do you think the situation will be? is it rejection or wil get visa later?
thank you all in advance.
I would like to have your opinion regarding my spouse visa, I applied for H1B visa in Cairo Egypt. I'm a female IT pro and got the visa with my 2 sons 5-2 years old. My husband was not given visa, VO never asked him any question and just stapled a paper to his passport to track his visa status online. I asked VO wheathre that means my husband was rejected, she said no just some delay, it takes some cases more time.
it has been one month since I did my interview in the consulate and nothing updated on that web site. My husband has his sister in USA with Green card. What do you think the situation will be? is it rejection or wil get visa later?
thank you all in advance.
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baleraosreedhar
06-21 01:36 PM
Hi All
I have a question regarding filling of I485.
My wife got her H1 approved in November 2006 and she got her SSN in december and her company has not put her on a project.
I would like to know will there be any issue if I file her as my dependent on my I485 application.
Her H4 visa on the passport is already expired.
I have a question regarding filling of I485.
My wife got her H1 approved in November 2006 and she got her SSN in december and her company has not put her on a project.
I would like to know will there be any issue if I file her as my dependent on my I485 application.
Her H4 visa on the passport is already expired.
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ivgclive
06-15 11:34 AM
My AP was approved while my wife's it was denied with reason "there is no pending I-485". My PD is 22 Nov 05 which is not yet current so I don't understand why they denied derivative spouses petition while mine was approved. We had an interview back in January and everything went on well there. Did anyone have similar issue? What are my options? I do not want to spend money and file for motion to reopen.
Thank you.
Did you send copy of I-485 receipt of her petition on the supporting document package?
Thank you.
Did you send copy of I-485 receipt of her petition on the supporting document package?
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johnmcdonald98
04-07 08:48 PM
If your processing date is current, if your PD is current, and if you are name check is cleared, they most likely be processing or processed your case.
If your processing date is current, if your PD is current, but if you are name check is not cleared, and so as per new rule, they will process your case in a month or so.
If your processing date is current, but if your PD is not current, but if you are name check is cleared, most probably they will pre-adjudicate your case. So the day your PD becomes current, you will get your GC. In this case if your NC is not cleared, you have to wait another month as long as you are above 180days of NC waiting...
If your processing date is not current, but if your PD is current, I have seen people getting GC, so I believe they must have cleared their NC. But I don't quite understand this scenario...
this is just my belief from the pattern i have seen so far, correct me!
If your processing date is current, if your PD is current, but if you are name check is not cleared, and so as per new rule, they will process your case in a month or so.
If your processing date is current, but if your PD is not current, but if you are name check is cleared, most probably they will pre-adjudicate your case. So the day your PD becomes current, you will get your GC. In this case if your NC is not cleared, you have to wait another month as long as you are above 180days of NC waiting...
If your processing date is not current, but if your PD is current, I have seen people getting GC, so I believe they must have cleared their NC. But I don't quite understand this scenario...
this is just my belief from the pattern i have seen so far, correct me!
more...
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scoldme
04-26 10:01 AM
Thanks a lot CRAZYMONK :D
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grupak
11-16 09:53 AM
On the main page, go to the state chapter link under the main menu and find the NJ contacts... I think chandu23 can help. paskal is the national coordinator who can also help.
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crystal
08-14 01:51 PM
Keep Visiting IV
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
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trexx7
07-27 11:09 AM
Since Company A is for future Emp and I never worked for it. Can I still use AC21 and join Company B. Thanks once again
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Dilemma
10-22 05:42 PM
Hello -
I am in sort of big dilemma. My Background:
- Single (not married)
- Currently on H1-B valid until Dec 2011.
- PD July 2007. Company A
- I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.
I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.
Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:
- they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
- I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.
So, I have following questions to experts here which will help me decide what option to take:
1) Shall I go ahead with new employer & start using EAD ?
2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?
3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.
Please advise.
Thanks in advance...
I am in sort of big dilemma. My Background:
- Single (not married)
- Currently on H1-B valid until Dec 2011.
- PD July 2007. Company A
- I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.
I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.
Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:
- they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
- I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.
So, I have following questions to experts here which will help me decide what option to take:
1) Shall I go ahead with new employer & start using EAD ?
2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?
3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.
Please advise.
Thanks in advance...
luvschocolates
06-29 11:16 PM
The first I -797 notice that I got, states that they received my I-485 application on July 16, 2007. On the website for USCIS status update, it states that they received my application on September 8, 2007.
According to my understanding, one does not have to submit the $340 application fee for a work permit if they received the notice AFTER July 30, 2007. This is where it gets confusing.
Here's the problem...if they say on my paper notice that they received the application on July 16, 2007, then I would have to pay the $340.00 - correct?
But if the website states that they received it on September 8, 2007, then I would not have to pay the fee.
I need a job, plain and simple. I have been in this country for 6 years and have not had a single paycheck. I get room and board for taking care of an elderly disabled person and that's it. Any money I do get is from the kindness of friends and family or maybe babysitting for a friend etc.
I cannot afford the fee, but I don't want to take the time to fill out and submit the application if I have to pay.
How do I determine which notice to follow? Should I assume I have to pay the $340 and try to do so by borrowing the money from someone and if it wasn't necessary will they give it back? Or do I just go ahead and submit the application without the money and hope it gets approved? Does a work permit usually get approved or am I wasting my time?
If it is approved, do I get a social security number or what? I can't open a bank account nor change my driver's license without a social security number so I'm feeling really stuck.
Any suggestions?
According to my understanding, one does not have to submit the $340 application fee for a work permit if they received the notice AFTER July 30, 2007. This is where it gets confusing.
Here's the problem...if they say on my paper notice that they received the application on July 16, 2007, then I would have to pay the $340.00 - correct?
But if the website states that they received it on September 8, 2007, then I would not have to pay the fee.
I need a job, plain and simple. I have been in this country for 6 years and have not had a single paycheck. I get room and board for taking care of an elderly disabled person and that's it. Any money I do get is from the kindness of friends and family or maybe babysitting for a friend etc.
I cannot afford the fee, but I don't want to take the time to fill out and submit the application if I have to pay.
How do I determine which notice to follow? Should I assume I have to pay the $340 and try to do so by borrowing the money from someone and if it wasn't necessary will they give it back? Or do I just go ahead and submit the application without the money and hope it gets approved? Does a work permit usually get approved or am I wasting my time?
If it is approved, do I get a social security number or what? I can't open a bank account nor change my driver's license without a social security number so I'm feeling really stuck.
Any suggestions?
InTheMoment
07-20 01:22 PM
Admin please close this thread as the issue has been resolved!
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