karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
ghost
02-07 10:28 AM
they are talking about statistics on legal immigration backlogs and suggesting that they be cleared....aligned with IV goals
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Al6200
04-24 07:00 PM
DirectX/OpenGL can be used in a windowed environment, so even if you just want to do Win32 stuff DirectX can enhance it.
more...
dotsndots
05-06 02:55 AM
Folks,
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
Just get ready for an in person interview at local office.
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
Just get ready for an in person interview at local office.
conundrum
05-25 09:32 AM
Finally made the call to Kennedy's office. :)
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casper21
07-29 10:46 AM
Can someone give answer to my question??? Please..................
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sagar_nyc
02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
more...
dionysus
01-29 06:19 PM
True. We are all turning amateur lawyers by now. Our resumes should have a line saying experience includes, but not limited to, decoding complex USCIS regulations, preparing legal communications etc.
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
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gc67890
11-17 10:34 AM
Why are you so scared of posting by saying that this problem is with you. Why do you have to bring your friend in. If it is really for your friend, then why cant he come and ask himself.
I wish I had a friend like you who will find answers to my immigration problems ....
I am also your friend as you are also member of IV and we all are fighting for the same cause.
I will also help you if there is a need and if I can.
Please check my profile. I have filed my 485 on July 2nd and one of the few who was benefited thru IV flower campaign
I have been a member in IV for a while and I have also made contributions.
I am not afraid to speak out, Please reply if you know the answer.
Thanks once again
I wish I had a friend like you who will find answers to my immigration problems ....
I am also your friend as you are also member of IV and we all are fighting for the same cause.
I will also help you if there is a need and if I can.
Please check my profile. I have filed my 485 on July 2nd and one of the few who was benefited thru IV flower campaign
I have been a member in IV for a while and I have also made contributions.
I am not afraid to speak out, Please reply if you know the answer.
Thanks once again
more...
newbee7
07-05 12:52 PM
If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.
200K apps (potential applicants in July) times $500 increase.
100,000,000
200K apps (potential applicants in July) times $500 increase.
100,000,000
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kart2007
05-21 09:02 PM
b. Do not make photocopies of official US Documents. Its a violation.
This is news to me.
This is news to me.
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jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
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otovarm@hotmail.com
03-03 02:39 PM
well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
more...
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soni7007
09-15 11:08 AM
I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
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nixstor
02-24 09:57 AM
That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.
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santb1975
12-24 09:33 PM
^^^
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ss1026
07-06 11:43 AM
YOu are correct. If you have an approved I-140, you get
- 1 year extension if PD is current
- 3 years if your PD is not current
- 1 year extension if PD is current
- 3 years if your PD is not current
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Lasantha
01-18 11:47 AM
You can stay out side for 3 years in a 5 year period.
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
LayoffBlog
01-27 01:32 PM
Specialty chemicals company Clariant AG said Tuesday it is cutting 1,000 jobs this year.Clariant said the job cuts are the result of a sharp decline in customer demand for its products in the textile, leather, automotive and construction industries.Source: International Herald TribunePosted in Chemical, Manufacturing, worldwide Tagged: Clariant, Clariant layoff http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1258&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)
More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)
pappu
05-29 07:28 PM
AVS channel has an indian program every saturday starting 10am -12.00pm
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
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