mchhokar
05-15 02:45 PM
Hi,
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
Templarian
10-31 11:34 AM
Nice.
That's amazing. I never met anyone who could bite through the skin of a pineapple.... really? :trout:
That's amazing. I never met anyone who could bite through the skin of a pineapple.... really? :trout:
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smwarriar
08-13 04:31 PM
Hi,
Congratulations on getting the F1 approved !
I am also planning to convert my wife's status from H4 to F1. I would really appreciate if you could answer some of my doubts since I am also planning to apply F1 for my wife:
- What are the precautions needed to be taken so as to avoid rejection ?
- Can you send me the sample Cover letter you used for your application. I heard that its really important in decision of the application.
- Also is it better to show the financial amount in Banks + Stocks ( would this potray as potential immigrant since money is inside USA ?). Or should I also show some property back in India so that it shows the ties back in india ?
- I will be the sponsor for my wife and since I am on H1-B , will that have a negative (-ve) impact since H1-B is for DUAL intent visa category for immigration & temp work ?
- How to show property valules in India ? An Affidavit or Original documents or how to combine all together ? does everything need to be certified by SAME lawyer or an authorized Attested official (because if yes, will an Indian Attested document suffice ?)
Thanks once again for your help , I really appreciate it... have a good day...
regards,
Sunil
Congratulations on getting the F1 approved !
I am also planning to convert my wife's status from H4 to F1. I would really appreciate if you could answer some of my doubts since I am also planning to apply F1 for my wife:
- What are the precautions needed to be taken so as to avoid rejection ?
- Can you send me the sample Cover letter you used for your application. I heard that its really important in decision of the application.
- Also is it better to show the financial amount in Banks + Stocks ( would this potray as potential immigrant since money is inside USA ?). Or should I also show some property back in India so that it shows the ties back in india ?
- I will be the sponsor for my wife and since I am on H1-B , will that have a negative (-ve) impact since H1-B is for DUAL intent visa category for immigration & temp work ?
- How to show property valules in India ? An Affidavit or Original documents or how to combine all together ? does everything need to be certified by SAME lawyer or an authorized Attested official (because if yes, will an Indian Attested document suffice ?)
Thanks once again for your help , I really appreciate it... have a good day...
regards,
Sunil
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tnite
09-24 10:11 PM
All TriState (NY/NJ/CT) members please join us on Sep 27th, 9 pm for the " No Obligation "Conference Call.
This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
When you sign in, please announce your name so that we know who's attending the tele conference.
Telephone:16054756006
bridge: ??????
For more information go to
http://groups.yahoo.com/group/immigrationvoiceny/
This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
When you sign in, please announce your name so that we know who's attending the tele conference.
Telephone:16054756006
bridge: ??????
For more information go to
http://groups.yahoo.com/group/immigrationvoiceny/
MOONNLIGHT
12-09 06:22 PM
I was born in Bangladesh and during my childhood I moved to India. In all my documents like school leaving certificate and Indian passport, the birth place is mentioned as India. I do not have any birth certificate either from Bangladesh or India and my plan is to use affidavit and non-availability certificate in lieu of birth certificate issued from municipality or other authorized body. In my entire US visa processing documents and petitions like H1B, I-140 etc. my birth places is mentioned as India. Can I still claim Bangladesh as the chargeable country for the purpose of visa allocation during the I-485 stage? If I claim Bangladesh to be my country of birth, will this be viewed as if I have provided wrong information in my earlier petitions? What could be other consequences?
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sundarpn
01-19 12:27 PM
from other posts, I have seen 10 working days wait times.
Pl. keep your post updated for the benefit of others.
Also contact your attoneys and ask them to find ways to check if your petition is present in PIMS. My attorney says there is no way he can. I also called DOS & KCC, they are not helping either.
thx
Pl. keep your post updated for the benefit of others.
Also contact your attoneys and ask them to find ways to check if your petition is present in PIMS. My attorney says there is no way he can. I also called DOS & KCC, they are not helping either.
thx
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neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
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ewapu
03-11 08:15 PM
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
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ajay
07-14 01:32 PM
You should be able to work with any company provided they are ready to give you support when USCIS asks for an RFE about your employment status.
Also you have to make sure that your job fall in the same description that you have filed the 485 for.
Consult other informations/resources also.
Also you have to make sure that your job fall in the same description that you have filed the 485 for.
Consult other informations/resources also.
more...
desi3933
06-16 04:53 PM
Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
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wkhalifa
05-19 05:58 PM
hi can any one help me i have i-140 notice 10/22/07 and up till now i can not track it online every time i try the respond is th rn is not correct my employer called couple of times and every thim they till him it is a problem in the system and they sent sr but no thing done is there other cases like me ? what i should do ?
thanks
lc eb3 11/06
i-140 10/07
thanks
lc eb3 11/06
i-140 10/07
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BumbleBee
07-27 05:52 PM
Its complicated and gray area, I haven't seen any success from anybody yet.:confused:
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
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amslonewolf
11-01 03:59 PM
I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
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nivasch
10-04 03:26 PM
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kondur_007
02-19 05:48 PM
I am not familiar with the for I 130. But I can answer about 485:
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
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ho_gaya_kaya_?
11-19 10:52 PM
Mid oct-
dont know the exact date
Incidentally i got my FP appointment today.
dont know the exact date
Incidentally i got my FP appointment today.
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ozz232
09-07 04:46 PM
I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
Oz
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
Oz
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Administrator2
11-08 09:12 PM
I've read the first two chapters of the book. The first chapter provides an excellent insight into the history of Immigration. Although we had some knowledge of how things progressed in recent past, this book provides is an extremely relevant and detailed true description of the events, the bills in 1990s, 2006 and 2007, and so on.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
For those of us who care about our green cards and large debate surrounding the issues affecting us, you will find this book learning and worthy experience.
reddymjm
03-11 05:51 PM
Just woke up??
CaliHoneB
04-26 12:35 PM
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.
Thanks.
Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.
Thanks.
