fromnaija
03-08 05:53 PM
Did you file to change to H4 after your H1 transfer was rejected? If you did not, you might want to talk to a lawyer as you may probably be out of status.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
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pappu
10-26 02:05 PM
Please check the following threads-- http://immigrationvoice.org/forum/forum106-non-immigrant-visa/25402-h1-and-h4-stamping-india-travel.html
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html
Please also help everyone by adding useful information on this wiki page ---
http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/22726-air-india-and-direct-airside-transit-visa.html
Please also help everyone by adding useful information on this wiki page ---
http://immigrationvoice.org/wiki/index.php/Transit_visas_to_other_countries
njdude26
07-02 08:34 AM
I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
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sidbee
08-19 01:36 PM
Not that , i agree with OP(Infact i am against posting such a news on IV)
Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)
Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )
Ramesh Chilakamarri, Detroit, MI - Psychiatrist (http://www.wellness.com/dir/2233480/psychiatrist/mi/detroit/ramesh-chilakamarri-md)
Proves he is from india (Gandhi Med Coll, Univ Hlth Sci, Vijayawada, Hyderabad, Ap, India )
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karn.anand
11-02 07:32 AM
i Cant see my post here. Here is the link..http://www.kirupa.com/forum/showthread.php?t=337838
nashim
07-29 11:48 AM
its on main home page,
here is the link
http://murthy.com/news/n_2yrerr.html
here is the link
http://murthy.com/news/n_2yrerr.html
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bkn96
02-18 10:58 AM
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
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MatsP
June 2nd, 2006, 10:23 AM
Thanks, your reply really helped me understand a few things. First of all, for the money I can spend there isn't much of a choice (meaning what I already picked is fine for the money spent), then, even more important fact I realized is that the equipment I can afford for now, can be a starting point in my photography experience. It is more important that I use it, take photos and practice than to own expensive gear and never really use it. In the end I hope that one day in the future when I gain the needed skill I'll be able to afford a better and a more advanced equipment. So, once again, thanks a lot.
Yes, and of course, by using one type of equipment you also learn what you ACTUALLY need later on.
By the way, if money is tight, buying used equipment CAN be a way to save money - but of course, you get less warranty and if it breaks after 3-6 months, it's probably going to cost you the same again - which is fine if it was a real bargain, but if you paid only a little less than new-price, it's not... Lenses don't often break, but you never know if you get a Lemon...
--
Mats
Yes, and of course, by using one type of equipment you also learn what you ACTUALLY need later on.
By the way, if money is tight, buying used equipment CAN be a way to save money - but of course, you get less warranty and if it breaks after 3-6 months, it's probably going to cost you the same again - which is fine if it was a real bargain, but if you paid only a little less than new-price, it's not... Lenses don't often break, but you never know if you get a Lemon...
--
Mats
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pan123
10-25 02:39 PM
Guys,
I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.
Thanks,
I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.
Thanks,
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dagu1234
06-08 03:02 AM
did you provide social security number? temporary license can be issued only if you do not provide social security number.
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eilsoe
10-02 02:27 PM
sorry :P
sometimes i get carried away... :)
sometimes i get carried away... :)
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krajani2007
08-15 03:18 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
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fatjoe
09-05 01:02 PM
I guess, if you attorney represented you thru' form G-28, then it goes your attr. If you have not sent G28, then you will get it directly. Guys, correct me if I'm wrong.
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Ramba
09-25 07:40 PM
:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
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venky08
05-30 06:38 PM
my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
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sbmallik
06-09 03:31 PM
What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.
Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.
Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.
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indianabacklog
04-15 12:51 PM
This action simply contradicts the entry on visa waiver. This allows people to visit (ONLY) with no intention of staying.
Coming in before you know your L visa is going to be coming is fraudulent.
If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.
Have to say this person is going to need some assistance at some point to explain this away.
Coming in before you know your L visa is going to be coming is fraudulent.
If this individual wishes to leave the US they will have to get the L visa stamped in their passport before they can return. Might be asked why they did not get this done to enter the country for their job in the first place.
Have to say this person is going to need some assistance at some point to explain this away.
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rajsand
10-05 09:13 AM
Please let me know
I came to US in 2003 on H4 and then later got H1 in 2005
since then I have a valid H1 and is expiring in 2008 oct.
for this Q what do I ans Yes or no?
I am in the same visa status as I was 12 months ago ,
but as someone mentioned I have changed from H4 to H1 2 yrs back.
Can somone help me. Thanks
I came to US in 2003 on H4 and then later got H1 in 2005
since then I have a valid H1 and is expiring in 2008 oct.
for this Q what do I ans Yes or no?
I am in the same visa status as I was 12 months ago ,
but as someone mentioned I have changed from H4 to H1 2 yrs back.
Can somone help me. Thanks
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Berkeleybee
05-24 11:42 PM
All,
Please post send confirmations in the main fax and phone threads listed above.
Thanks!
Berkeleybee
Please post send confirmations in the main fax and phone threads listed above.
Thanks!
Berkeleybee
paulcao1978
01-20 10:16 PM
Here is the post from immigrationpotal stating the final verdict of IV. I think it might be true. Look at the post by NYC8300.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.
glus
03-19 11:55 AM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
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