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I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:

Am I an illegal resident now?


Until when can I stay in the us?


Should my employer appeal the case and by when should he do that, is there premium processing for this?


How long does the appeal process take ?


Can I work while the case is appealed?


How many days can I stay in us after the case is appealed?


How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?


What are the chances of approvals in Premium processing in Current Market?


Can I start working once the receipt for the new h1b petition comes in?


If not, can I work once the h1 is approved or should I go to India and reenter to start working?

Can i transfer my approved I140 to a new employer ?

I will really appreciate your feedback on this.

Thanks in advance.

Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.

'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.

Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.

40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.

May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.

see my post - 4th above...and you will know why u got a red..!!!!!!!!!!!

This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...

http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

MC: I am ready to give right away.

IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

MC: Is there any other alternate solution for this �? If so please advice.

IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

IO: Sure�Make sure you submit with in 45 days. Thank you.

MC: Can I ask one question�?

IO: Sure�.

MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

MCL: Oh that�s great�

IO: Yes it is�

MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

IO: That�s good�You are all set to go now. Thank you.

Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

-Sree


Hi Sree, which country immigration are you talking about ? :o
:D

Thank you very much from our hearts to QGA.
Thank you for taking up our cause.....
Thank you for helping us.....
Thank you for saving us....
Thank you......for beleiving in our real and genuine issues
Thank you.....Thank you....Thank you....

My advice you need to prepare a comprehensive package of documentation since your case is really messed up.

1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.

2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)

3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.

4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.

I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.

Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

Every day matters as the counter is 180 days. It is like a time bomb clock.

I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)

Please stop this discussion about US university and Indian university or for that matter about octopus

This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it

Agreed. just talk about Bulletin.

Good work Vikram. I tested it out and seems preety useful.

Hi,

I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

It would be great if I get answer the below my Question:

1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?

Tons of Thanks,
Ramkumar

its a "carrot dangling" technique used by the immigration system here to make u "modern day slave" to get things done....they will take ur SS taxes and make u wait until you realize and give up and go back

i really wish the reality of this immigration was known to me when I came..I wasted my career waiting in this GC wait.... :mad:

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.

They are your in-laws!!! Are you sure you want them here? Think about it. :-) Jokes apart, its a pleasure to travel in Jet. My parents did travel - they can't speak English nor really read well - the crew helps them (in Hindi or Gujarati). You would have to be really knocked out to miss connecting flights in Brussells. So worry not - they'll be just fine.

Good to know, thanks.

Dear OP,
Congratulations!

read here MurthyDotCom : Marriage and I-485 Issues (http://www.murthy.com/news/UDmar485.html)

It might help exploring your issue.

Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.

Jay / Logic life /others,

Does this practically mean none of Sen Brownback/Cornyn amendments we wanted are in the Senate at this time ?

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Mercies,

This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.

Great to see some activity in Arizona. I am in Phoenix and will show up for a meet and greet!

wow.. thanks guys.. you guys so nice..i didt come illegal here.. like you see i said i lost my statu becouse some thing stupit happens..and i try to stay legal..anyway..thank for you support..

if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.

Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.

Based on Perm Trackers in immigration.com, the rate of approvals for EB2 based on the excel sheets seems like this :

2005 - EB2 approval less than 30 % of the filing, 39 % is pending for a looooog time, rest are rejects
2006 - EB2 so far - 41 % of the filing is approved,

2005 EB3 Approval rate 44 %

BEC to Conversion to PERM Processs - Rejection rate 78 %