walking_dude
07-26 08:56 AM
I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"
RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)
wallpaper 1992 Honda Civic Cx Hatchback
deepakmathew
10-01 10:32 PM
I had a similar experience a long time ago with Madras consulate. At that time, the Officer returned all my documents back without an explanation and hardly asked me a questions. After 2 weeks or so - they send me a letter asking for copies of the all certificates to be submitted along with a letter saying that the case was being reffered to a AFU - Anti Fraud Unit. I send all my education certificates.
It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.
This is obviously a traumatic experience for you. But you will be alright once they verify.
In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.
Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.
Hope this helps. You just need to patient. Best of luck
It then took them around 3.5 months to clear the application. They asked me to send the passport back with the application copy and I received it with a week with my H1 B stamp. Applied first in June first week and received the Visa around Sept.
This is obviously a traumatic experience for you. But you will be alright once they verify.
In my case, the educations documents were correct and true and it was verified - I do not know how they did it. It is a slow process and you ask for help from a local senator or your company to send a request letter to expedite the case and constantly follow-up with your lawyer who filed the H1 petition.
Also I had a valid B1 visa but I decided it was better to wait for the process to complete before I returned.
Hope this helps. You just need to patient. Best of luck
Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
2011 Honda Civic Eg Hatchback
Hey Ram GC
05-05 04:22 PM
RD is Jun 1st 07, ND is Jun 7th 07 - TSC
more...
like_watching_paint_dry
03-14 05:09 PM
Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.
Good luck with your job hunt.
Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.
You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.
Good luck with your job hunt.
Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.
You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.
dpp
12-30 09:31 AM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
more...
Dipika
08-04 09:07 AM
Signature is updated.
2010 1992 Honda Civic Hatchback
GC_SUCK
09-26 07:20 PM
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.
more...
jingi1234
08-19 05:57 PM
I have the copy from Murthy.com [they still have it on]....
send me ur copy to : 509 355 3413
Thanks,
send me ur copy to : 509 355 3413
Thanks,
hair 1993 Honda Civic Hatch Eg
Napoleon
03-12 12:33 PM
http://immigrationvoice.org/forum/showthread.php?t=13349
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
more...
immigrationmatters30
09-03 07:23 PM
My company applied for 3 year extention after 6th year and was approved in 2 weeks under premium processing.
hot 1992 Honda Civic Hatchback
legaleagle
06-08 02:50 PM
Thanks Dhundhun,
I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.
I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.
more...
house 1996 Honda Civic Hatchback
pappu
11-20 01:08 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
tattoo 2000 Honda Civic Hatchback
rkp27
07-11 03:10 PM
Not every member here is a MAN (to be a Gentalman), some are women, do they not count? :)
Pople like you does not count :( ... only man and woman counts.. hope this helps you.
Pople like you does not count :( ... only man and woman counts.. hope this helps you.
more...
pictures Honda Civic Hatchback (fifth
sekhar007
08-13 10:25 PM
Hi,
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
dresses 1985 Honda Civic Hatchback S
kirupa
07-27 05:19 AM
Instead of ShowDialog, try using just Show. See if that fixes the issue.
more...
makeup Honda civic hatchback
Steven-T
February 12th, 2004, 12:10 PM
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.
Steven
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
I am trying to convince myself Canon will sell the 1Ds for $5,500 on April 1, throwing in a free 24-70/2.8L, in order to compete against the revived (and proven by then) all mighty King of the Hills Kodak DSC PRO SLR/n. LOL.
Steven
girlfriend 1996 Honda Civic Hatchback
smartboy75
10-01 07:30 PM
Exactly my point. I could not read those numbers correctly and got a shocker until I received the receipts in the mail.
That's true too....lets wait and watch...
That's true too....lets wait and watch...
hairstyles 1996 Honda Civic Hatchback
dkupadhyay
11-25 01:14 PM
Thanks for all your replies.
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
micofrost
08-07 10:51 AM
I understand that one cannot guess when USCIS sends out receipts. All I wanted to know was if there will be different receipts sent out for LC/140/485 and if the processing will be done simultaneously or separately.
you ask your lawyer. This forum is meant to solve or find answers to our problems. Not to answer questions. Do your research . Understand the requirements and steps. There are somethings predictable with USCIS. And above all, you have google to search for your answers. Dont always try to take a short cut to find your answers. Already you have done a LC. Now atleast put in ur efforts to understand the GC world. It is not a rocket science unless you want to know the internal working procedures of USCIS in detail.
you ask your lawyer. This forum is meant to solve or find answers to our problems. Not to answer questions. Do your research . Understand the requirements and steps. There are somethings predictable with USCIS. And above all, you have google to search for your answers. Dont always try to take a short cut to find your answers. Already you have done a LC. Now atleast put in ur efforts to understand the GC world. It is not a rocket science unless you want to know the internal working procedures of USCIS in detail.
desi3933
02-23 11:03 AM
Hi
We are in AOS pending status. I am on EAD.
After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)
Any suggestions.
Thanks
Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))
________________________
Not legal advice.
US citizen of Indian origin
We are in AOS pending status. I am on EAD.
After seeing the economy I am planning to send my wife to India. She is pregnant (2 months). Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485. (Visitor visa Etc..)
Any suggestions.
Thanks
Since you are not on H1 visa status anymore, child can not get H-4 visa to enter into USA. Your child must get immigrant visa as follow-to-join. Immigrant visa can be issued only when your PD is current. You will need to file I-824 with USCIS. (Link for I-824 (http://www.uscis.gov/files/form/I-824.pdf))
________________________
Not legal advice.
US citizen of Indian origin
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