desi3933
02-11 10:43 AM
Hi All,
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.
As per my understanding these are the options:
1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...
2) I can join my H1 employer...
Can anyone of you please suggest if these options are correct OR is there any other better option available...
Eagerly waiting for responses...
Thanks,
Gagan Chodhry
Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.
You applied for L1 extension on Oct 15th.
Would you mind sharing the denial reason with us?
__________________
Not a legal advice.
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nousername
09-04 12:57 PM
More than the economy, companies willingness to pay, agreement, etc I think it is very important for the applicant to understand the delays s/he "might" face while the GC process is ongoing. As we all know it can take as much as up to 10 years for the GC. During this processing time, some of us decide not to take risk and avoid things like expanding the family, buying a house, etc, etc (everyone has their own list).. Which is totally understandable but is GC worth putting your life on hold?
If the answer is no then go for it man and apply but if the answer is yes then you might want to reconsider the GC thing..
At the end of the day it is very important for the applicant to set their priorities and expectations right, as mid-way many of use get really frustrated..
But again, there is no good or bad time to file for GC if you know what you want then by all means go for it.
Disclaimer: I am not discouraging anyone from applying for the GC. Everyone should go for it as bigger the line bigger the pain, result bigger the gain for all of us :)
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
If the answer is no then go for it man and apply but if the answer is yes then you might want to reconsider the GC thing..
At the end of the day it is very important for the applicant to set their priorities and expectations right, as mid-way many of use get really frustrated..
But again, there is no good or bad time to file for GC if you know what you want then by all means go for it.
Disclaimer: I am not discouraging anyone from applying for the GC. Everyone should go for it as bigger the line bigger the pain, result bigger the gain for all of us :)
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
gccube
04-08 12:28 PM
started the papar work with the attorney already.
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singhsa3
07-31 02:32 PM
It is ok as long as she does not overstay 180 days
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my grandfather had applied for a greencard process for my mom through family based and we are 2 months away from getting the visa numbers. So Is there any way my mom can extend her H1B. She is currently working as a teacher. (There are lot of options for people who applied for Greencard process through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
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starseed
07-21 05:49 PM
I did read some other posts re: this, but I'm not too sure how to go about it, what to say to them, etc? Should it be in writing, by phone? Plus the state of CA is so overwhelmed with budget issues, do you think they'd want to devote time to it? :confused:
reddy77
01-12 10:33 PM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
more...
mirage
04-08 02:40 PM
On Page 3 they say total Employement based preferences number was 162,176
Than on page 6 they say total Employement based preferences number was 147,148
Than on page 6 they say total Employement based preferences number was 147,148
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tonyHK12
01-21 10:08 AM
Is this predominantly affecting those on consulting jobs?
Yes, according to this report. They have a law office in India too and handle local cases on the ground.
According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
Still reading the article in parts...
ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.
Yes, according to this report. They have a law office in India too and handle local cases on the ground.
According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
Still reading the article in parts...
ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.
more...
pointlesswait
03-31 12:39 PM
take that dispute report and go to your local police station..
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
If you do not want to wait for your employer to give you details about the report, you can order one for yourself using a service like Personal record search (includes criminal reports) from www.choicetrust.com.
If I were you, I would not wait around for details from the employer but spend the $25 and get all the info I can and dispute whatever is incorrect.
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rockstart
03-01 07:28 PM
Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
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jthomas
06-07 10:11 PM
....... But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
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maddipati1
01-13 01:31 AM
see below next to ur Qs.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
more...
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shirish
02-05 02:08 PM
I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.
Thanks
I doubt, you can do that on B1/B2. But again i am not the expert.
Thanks
I doubt, you can do that on B1/B2. But again i am not the expert.
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glus
01-03 11:03 AM
Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.
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izolo
06-04 02:21 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
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asiehouston
09-08 10:38 AM
:confused:I am going to call the USCIS customer service and ask them what should my next steps be... Will keep you guys posted!
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neoklaus
11-12 07:57 PM
I did not apply medical form with I 485, but got receipts on time.
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lazycis
12-05 12:42 PM
Here is a good article on the subject with references to the US law and caselaw:
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
http://www.americanlaw.com/maintlpr.html
"The second requirement in INA �101(a)(27)(A) is that the absence abroad be temporary. According to Gamero v. INS, 367 F.2d 123, 126 (9th Cir., 1966), the term "temporary'' varies in application, depending upon the facts and circumstances of each particular case. According to Matter of Huang, 19 I. & N. Dec. 749, 7 Immig. Rptr. B1-17 (BIA 1988), temporariness is not defined in terms of elapsed time alone; the intention of the alien, when it can be ascertained, will control."
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parablergh
09-02 04:13 PM
The officer is incorrect. The H-1B visa stamp only allows for reentry into the U.S. from abroad, it does not control your status. You can either go back and explain that the I-94 card attached to the approval notice isn't the most recent, and therefore isn't your current expiration or follow one of the other options presented above.
go_gc_way
05-10 11:54 AM
I think too .. It helps people like me to read opinions and summarized comments on news articles and developments .. rather than links.
It would be nice , if they more closely relate to our problems.
Thanks Learning & Immi , for your efforts.
It would be nice , if they more closely relate to our problems.
Thanks Learning & Immi , for your efforts.
RSM1444
08-06 12:54 PM
looks interesting.
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