CMan
12-03 08:40 PM
I'm in the process of a COS and was denied an R1 petition. Here's my case, and it would greatly help me if someone could assist me in determining whether my countdown of unlawful presence and unlawful status has begun.
Aug 15, 2004 Arrived on a F1
Jul 21, 2009 F1 expired
Aug 20, 2009 Filed for R1
Aug 24, 2009 OPT expired
Nov 18, 2009 R1 status denied
Dec 18, 2009 Appeal of Decision
After the expiry of my OPT i still continued to work whilst my R1 petition was in process. Does this violate my status automatically, or does it begin when it is determined by the USCIS? If it does, does my 180 days countdown to unlawful presence begin from Aug 24, 2009, or from the denial of my R1 petition? IF i appeal the decision will that nullify the days counted against me if any? And as i await the appeal decision, which apparently take 5 months, what would be my lawful/unlawful status/presence?
Thanks for you help.
Aug 15, 2004 Arrived on a F1
Jul 21, 2009 F1 expired
Aug 20, 2009 Filed for R1
Aug 24, 2009 OPT expired
Nov 18, 2009 R1 status denied
Dec 18, 2009 Appeal of Decision
After the expiry of my OPT i still continued to work whilst my R1 petition was in process. Does this violate my status automatically, or does it begin when it is determined by the USCIS? If it does, does my 180 days countdown to unlawful presence begin from Aug 24, 2009, or from the denial of my R1 petition? IF i appeal the decision will that nullify the days counted against me if any? And as i await the appeal decision, which apparently take 5 months, what would be my lawful/unlawful status/presence?
Thanks for you help.
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mrsub
08-27 03:34 PM
My priority date is in 10/2006 under EB3. My wife just start her GC process under EB2. Can my wife port my PD date to her GC application?
Thanks!
Thanks!
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08-05 11:46 PM
IV membership base crosses 22K now. Great going. Dear IVers, please spread the message about IV and the rally.
Members, please update your profile on IV. Please spend sometime on IV activities, make it to the rally and contribute for the cause.
Please keep spreading the word about IV and the rally
Members, please update your profile on IV. Please spend sometime on IV activities, make it to the rally and contribute for the cause.
Please keep spreading the word about IV and the rally
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ohm
01-29 09:49 PM
How do i file extension for H1b ....my h1b expires tomorrow..can i do it online...this is the first extension...
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augustus
09-10 03:04 PM
All,
I recently received my FP appointment date, but I have to be on a conference the previous day. If everything goes well, I can arrive to my appointment without any problem.
But if my flight is delayed or cancelled I might risk being late to the appointment. My appointment is 10:00 am in the morning, are they very strict about the timing for FP appointment, or can we go a little late if we were delayed? Can you please share your experience?
Also, How early should we call in to postpone the appointment?
I recently received my FP appointment date, but I have to be on a conference the previous day. If everything goes well, I can arrive to my appointment without any problem.
But if my flight is delayed or cancelled I might risk being late to the appointment. My appointment is 10:00 am in the morning, are they very strict about the timing for FP appointment, or can we go a little late if we were delayed? Can you please share your experience?
Also, How early should we call in to postpone the appointment?
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prem_goel
09-07 07:11 PM
Hi Guys,
My sis recently changed her status successfully from B1 to H1. After the approval however (within 10-20 days), we saw soft LUDs on her previous H1 petitions (they were both with the same employer). The status hasn't changed however.
Has anyone experienced such a case?
One more thing - she had done her AR-11 address change online about a month ago. Could that have triggered these soft LUDs? If so, will they even go and change the address on petitions approved in the past?
Any inputs appreciated. Thanks.
My sis recently changed her status successfully from B1 to H1. After the approval however (within 10-20 days), we saw soft LUDs on her previous H1 petitions (they were both with the same employer). The status hasn't changed however.
Has anyone experienced such a case?
One more thing - she had done her AR-11 address change online about a month ago. Could that have triggered these soft LUDs? If so, will they even go and change the address on petitions approved in the past?
Any inputs appreciated. Thanks.
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04-04 11:52 AM
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rjakkani
10-01 11:02 AM
Hi,
My wife is on H1B and she couldnt work for the past 6 months. I applied for my I 140 and I 485 during the July fiasco last year and she was not added as my spouse and we got married at a later date.
Since she didnt receive pay for 6 months, I guess she is out of status for these 6 months. So my question is will this have any effect on her GC process when I add her as my spouse to the I 485 application whenever my priority date become current ? I am really worried and dont want to screw up my GC process after a long wait.
Thanks
My wife is on H1B and she couldnt work for the past 6 months. I applied for my I 140 and I 485 during the July fiasco last year and she was not added as my spouse and we got married at a later date.
Since she didnt receive pay for 6 months, I guess she is out of status for these 6 months. So my question is will this have any effect on her GC process when I add her as my spouse to the I 485 application whenever my priority date become current ? I am really worried and dont want to screw up my GC process after a long wait.
Thanks
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11-24 08:08 PM
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devikas81
09-19 11:46 AM
I am on similar situation like you....
after usinig EAD with different employer other than GC sponser, can we come back to H1B again,
Your answer will be highly appreciated,
Thanks,
after usinig EAD with different employer other than GC sponser, can we come back to H1B again,
Your answer will be highly appreciated,
Thanks,
more...
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Blog Feeds
07-29 05:30 PM
The fact that the GOP has no clear plan to win the election next year other than hoping President Obama fails so miserably that people will feel no choice but to vote Republican became more apparent yesterday. The Senate Judiciary Committee voted 13 to 6 to confirm Judge Sotomayor as the next Supreme Court Justice. And only one Republican voted in favor of the nomination. The GOP got shellacked by Hispanic voters last year - losing 3 out of 4 votes compared to getting nearly half of those votes in 2004. And political analysts are in general agreement that the...
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lonedesi
07-10 03:06 PM
I was wondering how many people really got the opportunity to use the reinstated PPS service for I-140 petition? Has it been useful to the most of people who are stuck in the I-140 backlogs for more than year now or has it only helped a tiny segment of the folks who really needed it to maintain their status?
What is the purpose of USCIS reinstating this PPS if it only helps only very few people. I think its time, USCIS either process the pending applications soon or reinstate PPS for everyone. 1 year is a long time to wait for an I-140 approval when USCIS can re-allocate the staff at quick notice (like those folks who received EADs in two weeks during June 08) if they want to. Its high time USCIS address this issue and get us out of this mess. Visa numbers does not have to be available to process I-140..so there is no reason for them to delay or give excuses.
What is the purpose of USCIS reinstating this PPS if it only helps only very few people. I think its time, USCIS either process the pending applications soon or reinstate PPS for everyone. 1 year is a long time to wait for an I-140 approval when USCIS can re-allocate the staff at quick notice (like those folks who received EADs in two weeks during June 08) if they want to. Its high time USCIS address this issue and get us out of this mess. Visa numbers does not have to be available to process I-140..so there is no reason for them to delay or give excuses.
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Blog Feeds
12-10 09:30 AM
The CBO report DREAM Act advocates have been touting reflects a net plus of $2.3 billion against the federal deficit. But that's the SENATE version that was analyzed. If the antis are right and 2,000,000 people will benefit from DREAM, the House version's new $2525 in filing fees will mean an additional $5 billion will be raised. Why, it would be fiscally irresponsible NOT to vote for DREAM!
More... (http://blogs.ilw.com/gregsiskind/2010/12/new-version-of-dream-act-would-raise-additional-5-billion.html)
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aqua
01-29 09:01 AM
Hello,
I am completing 4 yrs of my H1 and currenty working with company. I already have my PERM & 140 cleared through this company (EB3).
Hence, if I continue with this company, I do not have to worry about 6yrs limit on my H1.
However, if I have to change my employer:
1. Now?
2. After completion of 6 yrs (i.e. H1 extensions) would I be able to do that?
Also, what will happen with my GC? Will that be fresh start from scratch?
I am completing 4 yrs of my H1 and currenty working with company. I already have my PERM & 140 cleared through this company (EB3).
Hence, if I continue with this company, I do not have to worry about 6yrs limit on my H1.
However, if I have to change my employer:
1. Now?
2. After completion of 6 yrs (i.e. H1 extensions) would I be able to do that?
Also, what will happen with my GC? Will that be fresh start from scratch?
more...
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felix31
10-31 09:41 PM
Hello,
I am not sure if this is good place to ask this.
1. I have moved out of US 5 months ago and I am working for my GC sponsoring employer overseas. What happens to my I-485? Is it considered abandoned?
2. While I was working as H1 I contributed to 401K. I want to know if I can leave that money in the US till retirement age and then start widrawing while living overseas. I expect I will not be a US citizen at that point.
Can anyone point me to a competent accountant who can help with question 2?
I am not sure if this is good place to ask this.
1. I have moved out of US 5 months ago and I am working for my GC sponsoring employer overseas. What happens to my I-485? Is it considered abandoned?
2. While I was working as H1 I contributed to 401K. I want to know if I can leave that money in the US till retirement age and then start widrawing while living overseas. I expect I will not be a US citizen at that point.
Can anyone point me to a competent accountant who can help with question 2?
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sunil92
06-25 10:33 PM
Hi
I applied for L1 to H1 Conversion, but i am planning to travle to India from July 23 and will be back to US on 13th Aug.
Can I travle outside US after applying for conversion. Need some one to response ASAP
I applied for L1 to H1 Conversion, but i am planning to travle to India from July 23 and will be back to US on 13th Aug.
Can I travle outside US after applying for conversion. Need some one to response ASAP
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ektha123
12-24 07:57 PM
I got H1 this year. I was applied my ssn on oct 9 th. still i didn't get my ssn number. two days back ssn people called and told that "in online it is showing your EAd card. so we can give u ssn if you bring the EAD card". My question is if i give my EAD, will the h1 get cancelled. please suggest me.
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07-08 09:37 PM
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papajon
06-23 01:20 PM
Hi,
My PERM application was denied recently and I am on my 7th yr extension which will be expiring FEB 2010. Reason for denial was the photocopy of the newspaper AD that DOL received is missing some words in the Newspaper name portion. My lawyer will be filing for an appeal.... My question is, should I be worried regarding having my H1B being extended?
Thank you.
My PERM application was denied recently and I am on my 7th yr extension which will be expiring FEB 2010. Reason for denial was the photocopy of the newspaper AD that DOL received is missing some words in the Newspaper name portion. My lawyer will be filing for an appeal.... My question is, should I be worried regarding having my H1B being extended?
Thank you.
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