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  • GC_1000Watt
    01-23 12:07 AM
    Hi,

    My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.

    Please advice.

    My situation was same. Upon getting denial notice me and my employer talked to Murthy and on there suggestion we filed a fresh extension petition with all documents. We filed under premium processing and I got approved H1B with I-94 in 10 days.

    I suggest you to consult with a highly recognized immigration lawyer and based on your denial reasons act accordingly.
    You can also appeal against denial, but then you can't work and there is no premium processing in appeal. You might have to wait for many a days.

    Consulting with a lawyer will help you my friend. Good luck.




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  • rimzhim
    06-01 01:57 PM
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
    And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.




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  • glen
    05-04 02:50 PM
    As per my understanding you can apply for one year H1-B extension based on LC or wait for I-140 approval till August and then apply for 3 year H1-B extension.


    Hi Madhuri,

    Do you have any more information regarding this.
    I am in the same boat .
    My LC got approved through perm in my 6th year
    and I140 applied and pending .
    6th year expires in Sept06.

    Any help is greatly appreciated.




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  • sanjay02
    01-07 06:03 PM
    You dont need to inform USCIS about new passport, but make sure you carry your old as well as new passport, dont discard the old passport as yet.



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  • eagerr2i
    08-08 11:23 AM
    Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.




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  • pd_recapturing
    08-22 04:11 PM
    I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
    Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?



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  • scho69
    01-02 11:45 AM
    Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?




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  • basav
    08-04 06:57 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..



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  • sdrblr
    10-07 10:59 PM
    Since they came to your work location, can you not contact your HR/ Payroll dept and get the payroll journal?

    How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.




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  • amitjoey
    03-18 04:24 PM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu


    My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
    I have no idea what the deal is with the H1- Why it was denied.

    I suggest you talk to your senator's office.



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  • Maverick_2008
    02-22 09:32 PM
    Even TSC is getting s..l..o..w now for 140.

    Maverick_2008



    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC

    TSC
    485: went from May 24 to April 10, 2007 :(
    140: June 23, 2007
    NSC
    485: July 30, 3007
    140: Jan 22, 2007




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  • pdakwala
    03-01 08:04 PM
    Support IV now or else start packing bags. There are few things that you can do and that is not difficult.

    1. Become member of IV
    2. Support them by contributing money.
    3. Support them by taking part in conference call and meet the lawmakers.

    You can do it. By the way stop giving others BS that

    1. We are on H1B and so no one will hear us.
    2. Is it legal or illlegal to contributing money.

    These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.



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  • continuedProgress
    04-19 02:21 PM
    Since its rare for a denial to automatically turn into an approval. :)
    Do you care to share what you had to do?




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  • boston_guy147
    02-18 03:22 PM
    This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..

    I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.

    I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.

    I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?

    Thanks a lot - your help is much appreciated!



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  • mrajatish
    04-02 01:01 PM
    Friends,
    I know we have very good slides on high skilled immigrant's contributed to American economy and why they are necessary. One of the questions we are going to have to answer while presenting to our employer next week is

    1. In the long run, How does America benefit from giving you and me GC?
    2. In the short run, why should an employer care to fight for your GC?

    Please treat this as a very serious effort to collect positive data points for an extremely important presentation to one of the leading proponents of high skilled immigration - if we have enough data points, this person might testify in Congress/Senate for us.

    Core IV folks, please help us in this effort if you have pointers.

    Thanks,
    Raj




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  • dealsnet
    02-20 08:21 AM
    If you filed I-485 for your son, no need to file H-4. HE can use AP to go abroad. He is in AOS status. Not out of status. You can keep H1, if you want. Not the case for dependants.

    Once file I-485, you are fine.

    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.



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  • seeking_GC
    07-11 10:56 PM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......


    http://www.usimmlaw.com/current_information.htm


    Copying the contents of the website below :


    Visa numbers WERE available July 2nd!!
    We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!

    In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!

    So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.

    USCIS did not use all visa numbers before July 2nd.

    Did USCIS actually use the visa numbers it requested????
    Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.

    In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.

    However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.

    We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!




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  • ruchigup
    08-22 03:52 PM
    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
    Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)




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  • sagar_nyc
    04-21 02:03 PM
    Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.

    Hi greeta,

    I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
    to your home country and cannot transfer your visa. If it's H1 you can always do that.

    If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.

    Good luck.

    Rgds,
    Kris




    palnati
    07-20 01:48 PM
    It doesn't matter. You can file G-325 or G-325A.




    Vitriol
    04-13 10:12 AM
    Thanks a lot, people!



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