Turtle Tattoo Designs

Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?

Hi Guys,

I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?

Recently went through the following info....don't know if it helps you or not....

USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal

The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.

Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks

My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.

In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.

The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.

If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.

There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.

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My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:

1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?

2. If he finds a job after getting fired, will he be out of status till he finds a job?

3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?

4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?

I am in

... really? :trout:

Have you met anyone who can bite a cob of corn clean in half?

Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.

Generally attorneys charge a retainer fee. What that means is they are willing to represent you regarding any issues with a case. Some services are covered with retainer fee and they may charge additional fee based on any extra work. For Example AC21 Retainer fee is around 750/- where they submit a G28. Then for any RFE they generally charge in the range of 250$.

Thanks for the reply. I understand the retainer fee but I guess what bothers me is why the attorney wasn't up front about the situation or simply charge for a consult then going ahead with a retainer when we simply thought there was something more involve to do with my case at the time.

Its the way that the situation was manipulated to get us to retain this attorney for further use when at the time it wasn't needed that feels fraudulent.

Thanks again!

A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.

He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.

He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.

Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves

What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

Thank you

hi Crazymonk...

they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary

and

w2 of all the employees in company B for the past one years

which i submitted after which i had got the refusal under 221g

I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).

1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).

Any suggestions?

This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.

Love em :love::thumb:

Who told you that ? I am sure it wasn't any lawyer !!

Hi guys,

My daughter is in india and she might be in india beyond 6 months. She has valid visa until next year. What is the procedure to extend stay in india? Please help. I know this is not the proper forum for US citizens. But please provide me details if somebody already done this.

This from Immigration-law.com

06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.

this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .

Your understanding is wrong. 6 years in H1B only considered. They don't count period on L1,L2,H4 etc....

See the link.

USCIS MEMO.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf




ALSO from A LAWYER'S SITE.

USCIS Memo Time in H4 and L2 Status No Longer Counts Towards H1 or L1 Time - Law Firm Litwin & Associates, A Law Corporation Attorneys South San Francisco, California (http://www.litwinlaw.com/CM/ImportantAnnouncements/USCIS-Memo-Time.asp)

As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.

^^

My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.

I heaard you can work for multiple employers on multiple h1b's part time but one job must always be fulltime.