JazzByTheBay
11-28 11:47 AM
I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
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loku
09-30 08:38 PM
Hello,
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
sreeusa
03-21 08:55 PM
They are asking for Company Tax returns
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i99
10-15 04:23 PM
Hi
Our checks were cashed today (both for me and my husband). Our application (I 140/I485 conc.) was July 2nd @NSC received by R Williams. They were cashed in Texas. We did not even get the receipt notices yet. Thus, the wait sounds longer for us.
hi i99,
i remember seeing ur threads for r.mickels or williams...if u got ur receipts and are on the the next waiting level of FP notice - welcome....and it looks like its going to be a long one.
RN - Recd Aug 28th
EAD & AP - Recd Sept 4th
FP - Still Waiting
Our checks were cashed today (both for me and my husband). Our application (I 140/I485 conc.) was July 2nd @NSC received by R Williams. They were cashed in Texas. We did not even get the receipt notices yet. Thus, the wait sounds longer for us.
hi i99,
i remember seeing ur threads for r.mickels or williams...if u got ur receipts and are on the the next waiting level of FP notice - welcome....and it looks like its going to be a long one.
RN - Recd Aug 28th
EAD & AP - Recd Sept 4th
FP - Still Waiting
more...
rkotamurthy
08-14 01:32 PM
/\/\/\/\ Bump
newuser
03-27 12:52 PM
got few answers ... searching from other sites.
I-130 does play a role, when applying for visitors visa. but that doesnt disquialify anyone from getting visa. you have to show string ties to your country and provide enough evidence that you will come back. there are cases where they hv granted 10yrs multple visas !!
As long as you disclosed your sister's immigration intent in the paper work and sent the right paperwork, it shouldn't be a problem.
I-130 does play a role, when applying for visitors visa. but that doesnt disquialify anyone from getting visa. you have to show string ties to your country and provide enough evidence that you will come back. there are cases where they hv granted 10yrs multple visas !!
As long as you disclosed your sister's immigration intent in the paper work and sent the right paperwork, it shouldn't be a problem.
more...
vivache
07-15 01:53 PM
1. Have a route map .. so people know clearly where they need to go .. which direction .. and pause for how long.
2. The event needs to start on time .. 5-10 mins here and there is fine .. but we need to start on time.
3. Send all IV members in that area .. email templates about the rally that they need to forward all folks they know. If everyone gets 2 friends .. and those 2 get 2 more .. we have a large number.
Get folks from other immigration forums as well. We had chinese folks with us .. and I think they were from some other forum/group.
check will all local groups so that there can be a show of strength !!
2. The event needs to start on time .. 5-10 mins here and there is fine .. but we need to start on time.
3. Send all IV members in that area .. email templates about the rally that they need to forward all folks they know. If everyone gets 2 friends .. and those 2 get 2 more .. we have a large number.
Get folks from other immigration forums as well. We had chinese folks with us .. and I think they were from some other forum/group.
check will all local groups so that there can be a show of strength !!
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quizzer
12-12 01:45 PM
Ask your lawyer or company HR to talk to USCIS and they will file a Service Request (SR).
more...
vivek_k
02-12 10:46 PM
Hi ivvm. Thanks for the info. DO EB-1 and EB-2 require LC? Would the NIW bypass LC? Is NIW filing equivalent to EB-2? What is the importance of Job description?
Sorry for asking so many questions. Thanks for taking the time to reply.
Sorry for asking so many questions. Thanks for taking the time to reply.
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coldcloud
08-06 02:28 AM
Thanks nlssubbu for the info. And yes it is 2010 and i have edited the post.
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sledge_hammer
07-01 01:48 PM
^^^^
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pune_guy
11-20 06:22 PM
Hi Guys,
I am working with company A on H1B, currently on bench (no pay, all vacation used up) and no pay stub. I got an from offer from Company B and have started the H1 transfer process. I would like to know how soon can I join company B. My friend says I can join as soon as USCIS receives the H1B application i.e. as soon as the fedex delivery reciept becomes available I can join the company B.
The lawyer from company B says I need to wait till a reciept notice is received from USCIS.
Who is right? I want to believe the lawyer for obvious reasons (she is a lawyer) but my friend did the similar thing, he joined the day his app was received at USCIS and he was adviced so by his company's lawyer.
A rationale to join on the same day is that when the H1 is approved it will have the start date same as the day USCIS received the app (as that is the requested start date of transfer).
I'd appreciate your inputs.
Thanks
I am working with company A on H1B, currently on bench (no pay, all vacation used up) and no pay stub. I got an from offer from Company B and have started the H1 transfer process. I would like to know how soon can I join company B. My friend says I can join as soon as USCIS receives the H1B application i.e. as soon as the fedex delivery reciept becomes available I can join the company B.
The lawyer from company B says I need to wait till a reciept notice is received from USCIS.
Who is right? I want to believe the lawyer for obvious reasons (she is a lawyer) but my friend did the similar thing, he joined the day his app was received at USCIS and he was adviced so by his company's lawyer.
A rationale to join on the same day is that when the H1 is approved it will have the start date same as the day USCIS received the app (as that is the requested start date of transfer).
I'd appreciate your inputs.
Thanks
more...
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satyasaich
04-03 03:41 PM
In case of an RFE for I140 premium processing, can the company respond via Fax or
do they need to send the response via Fedex etc;
For all Premium Processing cases, the service center first sends a fax to the number provided in the I-907 premium processing request form before mailing the hard copy of the RFE. So your lawyer/employer might have already received the fax...Check with them...
do they need to send the response via Fedex etc;
For all Premium Processing cases, the service center first sends a fax to the number provided in the I-907 premium processing request form before mailing the hard copy of the RFE. So your lawyer/employer might have already received the fax...Check with them...
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thomachan72
02-04 02:08 PM
I am sure they did that last year.
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GCeffect
08-12 09:27 PM
does anyone havea any idea about the EB3 status for the rest of the world? please experts give us some hope....my PD is May 2006. Any hope soon????
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gcwanted101
09-29 01:34 PM
What is the H1 premium processing fee and what is the regular processing fee ?
Could any one help on this? I heard that increase in the fee is not in action yet?
Could any one help on this? I heard that increase in the fee is not in action yet?
more...
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sreenivas11
08-28 09:33 AM
Hi pd04
when did your checks encashed?
when did your checks encashed?
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sw33t
07-27 04:30 PM
Sorry guys!
I was trying to post this on the state chapters so we could get some engagement about this event. I didn't realize it would flood the main board.
:)
I was trying to post this on the state chapters so we could get some engagement about this event. I didn't realize it would flood the main board.
:)
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meimmi
06-05 01:07 PM
You can get a licence valid upto 6 moinths from the date of H1 receipt notice. You can go to Wayne Rt 23 MVC. I got it myself last year from there.
s_kary
05-12 02:04 AM
Hi,
I have a PERM approval in EB2 with PD Sept 2005, and I140 approval few days back. I will be entering my sixth year in H1 shortly, wanted an advice whether to go for 3 year extension or 1 year extension, are there any demerits of 3 year extension with respect to H1 transfer in case of layoff, etc?
I have a PERM approval in EB2 with PD Sept 2005, and I140 approval few days back. I will be entering my sixth year in H1 shortly, wanted an advice whether to go for 3 year extension or 1 year extension, are there any demerits of 3 year extension with respect to H1 transfer in case of layoff, etc?
GC_Geek
10-22 05:23 PM
Opening the new thread since the first thread was closed by the Admin..
Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details
Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details
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