GCtension
10-21 07:53 PM
Hi All (Please respond)
I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.
Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).
My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.
I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.
My Question:
1.Was I technically out of status and unlawfully present?
2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
4.Is Fingerprinting notice assures that everything is fine except security and criminal check?
Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.
I was laid off from company A in MAY 2002 (got salary till 31st May), later joined company B from 1st July 2002, so, I think, I was �out of status� for 1 month, later left company B because of differences on 31st October 2002 (received salary till 31st Oct ) and filed for H1 transfer with other company C on 11th November 2002, I got H1 approval on March 10th 2003, and started working with company C from April 2003 till now, so have 5 months gap between company B and C.
Was I out of status? If yes, looks like I was out out status for 6 months (5months continues plus 1 month earlier), unfortunately this comes to 181 days (june, nov,dec,jan,feb,march).
My I-94 was never expired and I went to India in Feb 2007 and got H1B stamping done and entered US with no problem.
I started my labor with current employer in May 2004 and got I40 approved as well, now filed for 485 in july rush, got EAD and fingerprinting notice, I am worried that my 485 may be denied because of �out of status� in past.
My Question:
1.Was I technically out of status and unlawfully present?
2.How does 180 days calculated? (continues 180 days or 180 days added in two time span like mine)?
3.If there was any out of status or unlawful present in past, Is it erased after lawful entry in US (I did enter in US this year after H1 stamping in India)?
4.Is Fingerprinting notice assures that everything is fine except security and criminal check?
Please help? I am really tensed after reading few forum, This will be horrible emotional set back for me and my family after 6 years in waiting if our 485 is rejected.
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sideeque
05-08 11:35 AM
How did u get H1B Visa Stamp for longer than the date in I179?
pariraj
12-06 09:54 AM
Hello All,
My wife is in a similar situation where she was on F1 till Sept 31st (OPT) and now on H1-B (since Oct 1st). I have also added her as a dependent in my GC application and hence she has received her AP. We are planning to go to India in the month of January. Can she return back using AP? I have read in other threads that one can return using AP and there is no need to stamp your H1-B visa in the passport. But in her case, the H1-B visa is not stamped even once. Can this be a problem if she enters using AP? I would appreciate your advise in this matter.
Regards,
My wife is in a similar situation where she was on F1 till Sept 31st (OPT) and now on H1-B (since Oct 1st). I have also added her as a dependent in my GC application and hence she has received her AP. We are planning to go to India in the month of January. Can she return back using AP? I have read in other threads that one can return using AP and there is no need to stamp your H1-B visa in the passport. But in her case, the H1-B visa is not stamped even once. Can this be a problem if she enters using AP? I would appreciate your advise in this matter.
Regards,
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techysingh
01-09 09:41 AM
If new position is similar in responsibilities, then no effect. but if the responsibilities are changing, I would recommend talking to your immigration lawyer about it
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irukandji
02-12 09:55 AM
Thanks fromnaija, If she maintains any non-immigrant visa she can be added without any 'follow-to-join' petetion right i.e., she can be added to my 485 just like the normal process when my PD becomes current.
roseball
07-16 10:38 AM
Anyone has an appointment at OTTAWA on 25th July? I'm from NJ area, willing to join if anybody's driving...
What appointment??
What appointment??
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dxldad
05-18 11:48 AM
My friend lost her green card while she was on vacation in China. She got a temporary green card to travel in a week or so which facilitated her entry into US and once she reached here, she just applied for another green card claiming the initial one as lost. There were no issues except the travel delay and the monetary loss.
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indygc
10-10 10:36 AM
~~^^~~
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JunRN
09-26 03:18 PM
Better wait for your receipt numbers from I-797. I think this case is for somebody else and it is about appeal from decision of previously adjudicated case.
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SK2007
10-10 04:37 PM
Guys,
I spoke to another Border Post official and he suggested that i drive uptp the nearest border and they would refuse my entry to Canada as i don't have a valid visa and i can turn around and come back to US and i can get a new I-94. Do you think it would be safe to do this ?
Any advices?
If you have travelled to Canada in May even if you have a single entry visa into Canda, you are more likely to be let into canda than refused. On the way back if you ask they might issue you a new I-94, strictly speaking they don't have to unless you have stayed some period (I don't know the exact period) out side the country.
Most parents coming to US on visitor visa and wanting to stay in us for more than 6 months apply for new I-94s(extension), just because attempting to cross the border does not give them a new I-94.
I spoke to another Border Post official and he suggested that i drive uptp the nearest border and they would refuse my entry to Canada as i don't have a valid visa and i can turn around and come back to US and i can get a new I-94. Do you think it would be safe to do this ?
Any advices?
If you have travelled to Canada in May even if you have a single entry visa into Canda, you are more likely to be let into canda than refused. On the way back if you ask they might issue you a new I-94, strictly speaking they don't have to unless you have stayed some period (I don't know the exact period) out side the country.
Most parents coming to US on visitor visa and wanting to stay in us for more than 6 months apply for new I-94s(extension), just because attempting to cross the border does not give them a new I-94.
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VMH_GC
07-05 08:52 PM
I agree that i should put this message in the media drive thread. But unfortunately i don't know/have permission to delete this thread, can someone close this thread?
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kopra
01-30 10:57 AM
Yes, If you have enough Money, Usally 8,000-10,000 $ in the bank statement( This is checked for covering any Medical Bills etc when they are here, just to make sure that the sponser is able to take care of all these when they are in US), That would be enough for you to sponser them.
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martinvisalaw
08-05 12:28 PM
I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.
Your employer can start the H-1B process immediately, there is no need to wait.
Your employer can start the H-1B process immediately, there is no need to wait.
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camphor
12-07 04:10 PM
I am not sure what is the process after fingerprinting. Can someone please clarify?
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?
I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?
I would appreciate any pointers / links
more...
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Ann Ruben
02-25 11:22 PM
The only answer to your question is:"it depends". Who are your state's Senators and how interested/influential are they in immigration issues? Same question for whoever is the Congressperson for your district. I don't think any there is any harm in contacting both Senators as well as the Congressperson for your district.
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Ann Ruben
01-14 08:55 PM
Your new employer can file an H-1 petition for you, BUT you are not eligible for an extension of H-1 status because you are not currently maintaining H-1 status. In order to resume H status, once company B's petition is approved, you would have to go to a US Consul outside the US, obtain an H-1 visa and then re-enter the US using that visa.
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kittu1991
01-15 06:45 PM
If you want to get some data that is usefull to more people( and not just you), remove all those approved (let them enjoy their life) choices and expand the >2002 to different years.
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gimme Green!!
03-31 02:04 PM
why is this thread not coming on the HomePage?
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gc_chahiye
01-26 04:03 PM
My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
augustus
06-25 09:07 AM
Can someone explain how the lawyer files I-485(Does she e-file? or mail it to USCIS?) and how we know about it? How long does it take to know you have filed it? and how do we know about it?
Lisap
08-25 12:03 PM
Thank you- I am still trying to figure out what all the terms are.... I appreciate your response!