Robert Kumar
12-24 12:54 PM
Please advise urgently.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
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chapsi29
06-25 12:57 PM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
cooldude0807
10-04 09:29 AM
Hi Guys, I would like to be a part of the AL state chapter. I live in Mobile.
thanx
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rssb
09-15 02:18 PM
Congrats
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MrWaitingGC
05-22 04:58 PM
What will happen in this case.
gc_chahiye
10-09 04:22 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
ask them to look at Questions 7 and 9 in USCISs own FAQ related to 485 filing and the July VB:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf [pdf]
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
Q9: Will customers eligible to file adjustment applications under July Visa Bulletin No. 107 have the option to pay the NEW filings fees in connection with adjustment applications filed on or after July 30, 2007 and on or before August 17, 2007?
A9. No, customers will not have the option of paying the new filing fees for adjustment applications.
USCIS has determined that aliens in employment-based categories filing applications pursuant to July Visa Bulletin No. 107 should be subject to the pre-July 30, 2007 fees as that fee schedule would have applied had aliens been allowed to file throughout the month of July
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vfwlkr
04-14 08:13 PM
I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?. Nope, I took an Infopass appointment in august 2007 and they informed me namecheck was clear and now I just need to wait for the case to be processed. Then the priority date retroregressed again until March. I've asked my employer's immigration lawyers to check on the status. Status due in 45 days !
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Berkeleybee
02-05 09:28 PM
All,
My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.
This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.
My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.
I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.
best,
Berkeleybee
My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.
This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.
My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.
I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.
best,
Berkeleybee
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h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
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msp1976
02-11 07:07 PM
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
You can always file for visa extension again...never heard of a I-94 extension as such....I think they might give you a proper I-94 for the whole valid duration...Anyway you can get a new passport booklet in US from consulate fairly quickly...
When you come back...Please post what happened to you ....
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
You can always file for visa extension again...never heard of a I-94 extension as such....I think they might give you a proper I-94 for the whole valid duration...Anyway you can get a new passport booklet in US from consulate fairly quickly...
When you come back...Please post what happened to you ....
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sc3
08-14 03:57 PM
What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.
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Desertfox
08-02 12:54 PM
I ship documents quite frequently to India, and FedEx is the best. I tried all of them, but others dont even come close to FedEx USA-to-India services.
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stuckinmuck
02-11 07:01 PM
gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.
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bklog_sufferer
12-05 03:55 PM
Folks,
I am in a similar situation..
I work for Company A on H1b which is valid till 2009 & expired Visa stamp, but I have filed a GC application thru company B and got EAD and Parole.
So if I leave the country, can I re-enter on company B's parole and still continue to work on Company A's H1b?
Thanks much for any insight
I am in a similar situation..
I work for Company A on H1b which is valid till 2009 & expired Visa stamp, but I have filed a GC application thru company B and got EAD and Parole.
So if I leave the country, can I re-enter on company B's parole and still continue to work on Company A's H1b?
Thanks much for any insight
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sandiboy
08-15 03:16 PM
485 RD:6/29
485 ND:7/25
FP ND: 8/8
FP Date:9/4
Is this from NSC or TSC? When did you receive this in the mail?
485 ND:7/25
FP ND: 8/8
FP Date:9/4
Is this from NSC or TSC? When did you receive this in the mail?
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lotsofspace
04-04 04:23 PM
I have e-filed along with spouse new SSN#..no issues...
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..
HTH,
Is it just a simple letter or is there a form ?
We did not get the formal letter when we applied for ITIN. When we called they just gave us the number over phone, so I don't have instructions on what to do with ITIN when you get SSN.
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sid3699
09-16 10:13 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
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08-01 01:05 PM
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gcformeornot
12-31 01:46 PM
logged in this time. Can you do few more clicks and vote...... please....
alterego
02-01 11:18 PM
Seems to me, whether we like it nor not, whether it is fair or not, whether it is sensible or not, whatever, whenever this issue has come up since 2005, despite efforts to separate them our issue is tied up with the fate of the issue of the illegals in legislators minds.
American legislators(collectively) don't seem willing or able to deal with these issues separately.
So, though from a philosophical perspective I remain neutral on the issue of legalization of the status of illegal immigrants, I feel our best interests are served with a pro CIR candidate, whatever the stated position about legal highly skilled immigration. They simply don't seem ready to move on that without CIR. Whatever the consequences for the economy and global competitiveness.
Overall a McCain vs either Obama/Clinton would be OK for us, since at the very least the temperature of the debates on the issue of immigration will be less and the tone of the debate more rational and reasoned. Also that match up would make it less likely for a 3rd candidate. Romney would have fanned the flames of the anti immigrants. I write in the past tense because the or"MITT"uaries on that campaign are already being written for publication after Feb 5th.
Agree with logiclife that election of pro immigrant senators would help. That seems to me, to mean democratic gains except blue dog democrats, since that would help them push legislation through. All in all we want immigration to remain in the discussion, but the conversation to be less emotive and more reasoned and rational and civil.
American legislators(collectively) don't seem willing or able to deal with these issues separately.
So, though from a philosophical perspective I remain neutral on the issue of legalization of the status of illegal immigrants, I feel our best interests are served with a pro CIR candidate, whatever the stated position about legal highly skilled immigration. They simply don't seem ready to move on that without CIR. Whatever the consequences for the economy and global competitiveness.
Overall a McCain vs either Obama/Clinton would be OK for us, since at the very least the temperature of the debates on the issue of immigration will be less and the tone of the debate more rational and reasoned. Also that match up would make it less likely for a 3rd candidate. Romney would have fanned the flames of the anti immigrants. I write in the past tense because the or"MITT"uaries on that campaign are already being written for publication after Feb 5th.
Agree with logiclife that election of pro immigrant senators would help. That seems to me, to mean democratic gains except blue dog democrats, since that would help them push legislation through. All in all we want immigration to remain in the discussion, but the conversation to be less emotive and more reasoned and rational and civil.
drona
07-11 02:25 PM
Are any of you planning to go to this? Maybe a group of us could drive up there and show our support. I know its a long way but it's worth it (and SF is a beautiful city to visit) :) Maybe we could prepare banners and flyers here and take them with us.
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