mchhokar
05-15 02:45 PM
Hi,
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
I am on L1 B (Individual) Visa since last three years. In January my company filed for extension, this time on L1 (Blanket). I received RFE in March, which my company replied in April. A couple days before the attorney called us mentioning the petition has been denied and I am awaiting final documentation.
Here are facts:
I am Senior Product Manager with Bachelor's in Computer Science and around 8 years of Experience working with the same Company. 5 years(India Subsidiary) and 3 Years US HQ.
We did mentioned in our RFE that I have the sole knowledge of two products that I represent and that with other things to convince USCIS.
My company is open and willing to appeal against the decision.
Questions: Could it be a reason that Attorney couldn't represent my case well and in that case should I reconsider other Attorney who is specialized in L1 process.
-Can appeal process buy me some time and should I start my H1B process simultaneously?
If yes, is that something which I can do legally.
-How much time can appeal process buy, is it two months, 4 months, 6 months ??
- My wife is on H1 and I do have 10 years B1 visa on my passport. Given those circumstances I do understant that my options for legally staying in US are open but I really want to avoid compromising options and save current working status.
I have been thinking-thinking a lot during last couple days and thus Any help and directions would be appreciated.
Regards,
Manu
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gotgc?
03-05 10:44 AM
Hi All,
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
dealsnet
05-28 09:38 AM
1. Send all AOS forms and proof of pregnancy from the doctor. They will issue RFE or you can send medical after the delivery. Don't take risk while on pregnancy. RFE reply will get 30-45 days time.
2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.
2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.
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rayoflight
05-05 03:39 PM
Hi Folks:
Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.
I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.
Agenda for the meeting:
nixstor would be updating us on the following issues.
(1) State Department's Forecast on the Visa Bulletin for the remainder of
the year
(2) Immigration legislation progress on the hill & WH so far
(3) Miken Institute Global conference on Housing and Immigration.
(4) DC/MD/VA chapter
Thanks,
Rayoflight
P.S Ask for the conference room at the library.
For those who are in MD and wondering why the Tysons location
(1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.
(2) Tyson's Pimmit is conveniently located off of 495.
Thank You for your interest. I just reserved the conference room at Tysons Pimmit Library 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088 on 5/9/2009 from 3PM-5PM.
I expressed interest to lead the MD chapter but definitely looking for support to build our chapter.
Agenda for the meeting:
nixstor would be updating us on the following issues.
(1) State Department's Forecast on the Visa Bulletin for the remainder of
the year
(2) Immigration legislation progress on the hill & WH so far
(3) Miken Institute Global conference on Housing and Immigration.
(4) DC/MD/VA chapter
Thanks,
Rayoflight
P.S Ask for the conference room at the library.
For those who are in MD and wondering why the Tysons location
(1) Unlike the Montgomery County Library facilities, Fairfax County library meeting rooms are free.
(2) Tyson's Pimmit is conveniently located off of 495.
more...
glus
05-11 06:51 AM
I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:
1- How long does it take to convert the B1/B2 visa into an F1 visa?
2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?
Thank you very much for answering!!!
1. It takes 3-6 months to change STATUS from B-2 to F-1;
2. Your visa does not get "converted". Your status changes to F-1 if approved. In your passport you will still have a B-2 visa.
3. If you leave the country after changed status to F-1, you need to go for F-1 Visa stamp in order for you to comeback and continue studies. Risk of not getting F-1 stamp is high for those who changed status to F-1 while in U.S. I never left US after changing to F-1 because my attorney and my International Student advisor advised it was too risky to do so. This is because if US consulate denies issuing F-1 visa, the consulate my also cancel B-2 visa at the same time because both carry non-immigrant intent amongst other factors. You can't just leave for a "few months" and just comeback while studying on F-1. The F-1 visa and related I-20 documents specify how long the program of studies is and you should be attending every semester taking at least 12 credits each semester, with the exception of the last semester, in which you don't have to carry 12 credits as long as after the last semester your degree is granted.
Hope this helps. It is based on my own experience. Speak to an International Student Advisor at the school which you have selected for more details. Good luck.
1- How long does it take to convert the B1/B2 visa into an F1 visa?
2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?
Thank you very much for answering!!!
1. It takes 3-6 months to change STATUS from B-2 to F-1;
2. Your visa does not get "converted". Your status changes to F-1 if approved. In your passport you will still have a B-2 visa.
3. If you leave the country after changed status to F-1, you need to go for F-1 Visa stamp in order for you to comeback and continue studies. Risk of not getting F-1 stamp is high for those who changed status to F-1 while in U.S. I never left US after changing to F-1 because my attorney and my International Student advisor advised it was too risky to do so. This is because if US consulate denies issuing F-1 visa, the consulate my also cancel B-2 visa at the same time because both carry non-immigrant intent amongst other factors. You can't just leave for a "few months" and just comeback while studying on F-1. The F-1 visa and related I-20 documents specify how long the program of studies is and you should be attending every semester taking at least 12 credits each semester, with the exception of the last semester, in which you don't have to carry 12 credits as long as after the last semester your degree is granted.
Hope this helps. It is based on my own experience. Speak to an International Student Advisor at the school which you have selected for more details. Good luck.
deba
04-03 06:56 PM
Hi all, not sure if this has been posted in any other thread, if so, Admin please delete.
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
more...
aps
03-29 11:55 PM
I have recently applied for Canadian visa , using my AP at LA , using all original documents in person. You can add all your family members in the same application. I used two different applications , but, they asked me to add all the family members in the same application. They will issue visa till your AP validity. Good Luck.
thanks,
aps
thanks,
aps
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Iamthejuggler
03-29 01:24 PM
I am not the judggler!
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B3NKobe
04-08 02:11 AM
Sweeeeet! Man thats nice!! Kirupa changed the template on his sticky thread, you should change your content onto the new stamp template, itl look nicer with out that cedy old grey background behind it...:D:D
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martinvisalaw
02-01 01:51 PM
If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
more...
ps57002
12-03 12:08 AM
I added my older H1b case too of Dec 01 (i hadn't added such old case to my portfolio..didn't see need) and that had a LUD of 10/13/07 maybe due to my submitted cases of 140/ead/ap/485. Those had a LUD on 10/16/07 with notice date of 10/12.
seems like some batch work was done on the 2004 cases today.
seems like some batch work was done on the 2004 cases today.
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amitpan007
06-22 12:12 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
more...
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ssdtm
11-06 02:14 PM
If you are lucky, your 485 case may continue without issues for next 1 year. (this is a high possibility). After 1 yr, once you come back, there may not be any issues if there is no RFE / Interview.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
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vinodp1978
08-25 10:16 PM
I am in the same situation...my 6th yr H1 expires on Feb 2008. I am really hoping that I will get an EAD before my H1 expiration. But if I dont get an EAD on time then I will apply for recapturing my time outside USA. I travel overseas a lot on business so basically i will need about 3months of time recaptured to meet the 1 yr prior labor approval for H1 extension. My PD is april 2007. Hope this helps and works out for you.
BTW..i recieved my receipt notices for EAD,485 and AP last week.
BTW..i recieved my receipt notices for EAD,485 and AP last week.
more...
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M�rmUr3n
04-19 07:41 PM
That's a very cool effect, simple and interesting, nice job, but the price ,....mmm it needs something, don't you think?
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reddymjm
02-02 04:46 PM
You should be fine as the primary is already approved.
more...
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GoGetGC
02-19 09:49 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
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yuvi123
08-31 12:41 AM
Hi folks,
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
+++++++++
yes you do get a Receipt notice of I140. ask your lawyer, it is ok. they can even emai you a copy.
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
+++++++++
yes you do get a Receipt notice of I140. ask your lawyer, it is ok. they can even emai you a copy.
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indianindian2006
04-12 04:13 PM
Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.
PHANI_TAVVALA
12-15 10:27 AM
I read on a competing forum that ITU is not allowed to register students under state board rules and operating illegally. You better check on this.
martinvisalaw
10-06 05:48 PM
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
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