GC_ki_daud
03-13 03:17 PM
bump
Please help with a reply
Please help with a reply
abdulazeez77
08-11 10:18 AM
I think she has an I-797 for herself. Regarding I 539, do we need this? My new H1B will be valid until 2009.
glus
12-27 03:05 PM
Hello Helper!
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
alien2006
08-24 02:59 PM
Guys, please read the procedure in post1. You are supposed to send the question via email, not post it here.
more...
Prashanthi
10-20 05:02 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
peacocklover
11-11 12:48 PM
This stinky ba%^#@rd speaks loud and confuses people a lot with out giving the clear picture of broken legal immigration and with out mentioning the pain of long waiting legal immigrants (Current system neglects and keeps honestly taxpaying and law abiding legal immigration based applicants , this jerk never mention the facts of the broken system, it's taking 15 yrs to get a green card for legal immigrant to become permanent resident which is unfair and keeps that individual and applicant family in the state of limbo). He always mixes legals with illegals (undocumented) and confuses all with his border protection preachings and with out respecting the country's backbone of business immigration.
He should be sent to jail and needs to be punished seriously.
Report: Lou Dobbs employed illegal immigrants
Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.
But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.
The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."
The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)
Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.
Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)
Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.
Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.
Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements
Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)
He should be sent to jail and needs to be punished seriously.
Report: Lou Dobbs employed illegal immigrants
Lou Dobbs has long railed against illegal immigration and the employers who hire undocumented workers. Dobbs generated controversy � and faced boycotts � for attacking "illegal aliens" as host of a nightly CNN show. And since leaving the network in December, Dobbs has kept talking about the issue in interviews, in which he's also left open the possibility of running for senator or president.
But Dobbs might want to pause before making illegal immigration a signature campaign issue: At least five illegal immigrants have reportedly worked on his properties.
The liberal Nation magazine, in a yearlong investigation conducted with the Investigative Fund at the Nation Institute, found that "Dobbs has relied for years on undocumented labor for the upkeep of his multimillion-dollar estates and the horses he keeps for his 22-year-old daughter, Hillary, a champion show jumper."
The Nation's Isabel Macdonald writes that while Dobbs has bashed employers for hiring immigrants without papers, he "has been far from vigilant about the status of workers laboring on his own properties." (The Nation has long editorialized against Dobbs and those who agree with him on immigration.)
Dobbs owns a 300-acre estate in Sussex, N.J., and a winter home in West Palm Beach, Fla. His daughter keeps five show horses worth about $1 million each at several stables; the horses are owned by the Dobbs Group, of which Lou Dobbs is president.
Macdonald spoke with several immigrants who were employed to work on winter property and helped with the upkeep of Dobbs' horses at stables in Vermont and Florida. "I looked after Dobbs' horses while I was illegal," said one man. Another worker said that he believed Hillary Dobbs knew they didn't have papers. (The workers did not give their real names for fear of deportation.)
Macdonald wrote that another worker worked on the garden at Dobbs' Florida property. On one occasion, that worker said, Lou Dobbs � who referred to himself as "Luis" � instructed him in Spanish to talk to his boss about moving a specific plant. Macdonald interviewed other immigrants who worked at the holiday home.
Hillary Dobbs did not comment for the article. And Lou Dobbs, through a radio producer on "The Lou Dobbs Show," declined to comment. Robert Zeller, Dobbs' attorney, said Dobbs would answer questions only on his live radio show; the Nation agreed to be on the show, but only after publication.
Dobbs has not yet responded to a request from The Upshot to discuss the allegations, which are sure to get attention given the commentator's very public views on the subject. The Nation compiled a video of Dobbs' past statements
Report: Lou Dobbs employed illegal immigrants | The Upshot Yahoo! News (http://news.yahoo.com/s/yblog_upshot/20101007/cm_yblog_upshot/report-lou-dobbs-employed-undocumented-immigrants)
more...
seebi
03-14 09:01 AM
Thanks gc_check for posting the links.
gchopefull
12-17 12:48 PM
did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
sorry for the last post and thank you in advanced for your response
sorry for the last post and thank you in advanced for your response
more...
smaram1
07-28 03:24 PM
SunnySurya - What is Your Category (Based on ur replies it is EB2) and How About Your PD?
gcwait2007
10-21 10:29 AM
Great Work Ashkam. Please accept my appreciations.
Do you have any similar 'SOP' for I-140? I googled and could not find one.
If you have one for I-140, can you pls post the same?
Thanks in advance.
Do you have any similar 'SOP' for I-140? I googled and could not find one.
If you have one for I-140, can you pls post the same?
Thanks in advance.
more...
sk.aggarwal
07-23 12:46 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
sintax321
11-18 03:15 PM
Who is sucking up?
more...
andreafejes26
03-31 08:42 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
pmat
09-21 04:09 PM
Depends on EB2 or Eb3 and country of birth. For Indians, it is a long-long wait unless a relief bill passes.
more...
amitjoey
01-22 06:26 PM
I Salute you, IV Core
snathan
03-24 11:45 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
more...
gc28262
03-09 08:09 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
Right now she is on H1 as well as AOS.
chanduv23
07-11 12:42 PM
Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.
Cool - keep us posted. I am calling her too though I am Indian :)
Cool - keep us posted. I am calling her too though I am Indian :)
whitecollarslave
02-08 02:52 PM
I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
gc_chahiye
11-27 06:32 PM
USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Give us all GCs? Nice idea, now meet reality:
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...
3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Give us all GCs? Nice idea, now meet reality:
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.
It would also save about $350 million.
The response? No thanks.
Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .
USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...
3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).
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