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If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.

Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!

If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.

Nope - it does not legally bind you though it hurts your credibility.

As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.

Hope this helps.

yes I mean received date. There was SLUD on 05/22 and then directly got CPO mail yesterday.

Thanks for the update! Congrats!

By receipt date do you mean "received date" or "notice date"?

Was there any SLUDs prior to the CPO?

You have a lot of suggestions in there let me try and respond:

(1) Yes, we do have the ability to get in touch with our members by email. However, mass emails are a strategy to use when we want to launch a massive drive. We do send out regular newsletters, urging members to take action.

(2) We are working to make our webfax feature more transparent. I like your suggestion about letting people know how easy it is. Will try to get that in.

(3) About a concerted membership drive: I agree and we do have an ad running on Rediff; We are also trying to reach out to large organizations like NetIP.

(4) I think it would be counterproductive to charge a membership fee.

One of the big problems that any voluntary organization faces is that there are usually a lot of people with non-specific ideas and not enough people who will take an idea, come up with an action plan and execute it. We need many, many more volunteers who just take the initiative and execute.

We'd love it if you could help us by coming up with a concrete plan and execution strategy for any one of your suggestions. From idea, to steps to delivery.

I urge all the type-A get-things-done people out there to swing in to action!

best,
Berkeleybee

Berkeleybee,

Appreciate your response, will get the wheels moving from my side and contact you with any strategies I can come up with.

Can you please send me an pm with your email id please.

Thx !

Hello,

I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.

Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.

Any help is appreciated.

Thanks in Advance,
Satya.

So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.

Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.

I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:

I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....

Any one is facing same kind of situation?
Please let me Know.

PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007

>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

Ok, after using AP there are two ways in order to reinstate H1B status.

1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.

This is based on what i read in immigration-law.com and again as per murthy office.



can you please explain little more? what is meant by after invoking, is it AC21?

If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.

I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?

Thank You in advance.

Arpu

Fromnaija and ChanduV-

I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.

I am in same boat. Very concerned what will happen. Do you have interaction / advise from any lawyer?

I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?

Hello Folks,

As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?

If anybody know, kindly show the way.

Thanks,
Sriswam

I don't think you can efile I907 for I-140. You have to file via paper. But hurry...they are suspending PP starting July 2nd for atleast a month in anticipation of huge volume of applications that will start pouring in.

www.immigration-law.com

when you say new fees, i assuem it is $340 . Correct ??


correct.

but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?

I did it a little different: first, I took the one pixel wide column marque tool and picked a vertical spot that I wanted to stretch; second, I used edit >> define pattern and used the marque tool and made it the length I wanted and filled it with my pattern edit >> fill and pick our pattern that ou just defined; third, duplicate layers and mess with color dodge, screen, multipy, color burn, and so on!

To Anantc

Yes She can work as long as the EAD is Valid.

Here is:

e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)


I already did it for wife, son and myself.

Saved about 1500$

What is the url for e-filing?Pls post here

I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post

No, you will have file I-765 form with USCIS, you can do paper filing or electronic.

Just a follow up question:

Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?

You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.

but we do get the original FP notice , right?

That is correct. I meant Lawyers get copies. we get the originals.

Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?