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If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......

Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....

Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck

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.

Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.

This is not a proposal for a new law but regulations by the administration within the bounds of the current law.

My humble suggestion: Please do your homework before voicing your opinion.

guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.

[snip...]
As long as you have the I-797 approval petition you are good.

S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.

We have received our I-485 receipts(me and spouse). On my receipt just below "Amount Received" there is a this tag called "Section". It is answered as "UNKNOWN" on both of our receipts.

My friends is answered differently. His is from TSC and mine are from NSC.

Does any of you know what does "UNKNWON" mean and what consequences it might have.

Yeah! What the hell does it mean? I have the same thing - UNKNOWN...

lmao nah i didnt draw the bra it was there just when i put the textures over the image it kind of made it look hand drawn.

I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.

Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?

What is ur Priority Date and when you filled ur I-485?

I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

Please share your experiences.

Thanks in advance!

You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

My advise to you is - take both the copies - you will not regret it.

My company paid for it, but I did get to see the break up of the charges...I think, PERM is pretty complicated to file...

You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.

The firm I work for is also signed up for E-Verify. It's lawyers were cool with the receipt rule. I have also checked this with the international student's office at my grad school. I am absolutely sure this is OK to do.

Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.

Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)

My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.

Someone gave me a red dot for this post. Why?? Now folks think twice before trying to help someone on this forum, you might get a negative reputation.

Another option is to negotiate a deal with the new (prospective) employer, to pay those fees to the recruiter/old employer.

For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.

The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.

Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

Sounds like a typical day for my wife, except she actually manages to get it all done.

decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

What are they doing here? I'll just put them away . . .

BUT FIRST need to water those plants. I head for the door and . . .

Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

BUT FIRST I need to find those checks.

END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

And, when I try to figure out how come nothing got done today, I'm baffled because . . .

I KNOW I WAS BUSY ALL DAY!

I realize this condition is serious . . .

I'd get help . . .

BUT FIRST . . . I think I'll start a new thread.

Fool its not me, its the AAADD I was recently diagnosed with.

Hello bkn96! congratulations!

so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!


That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .

Anyone came across this scenario...

Check out this website. It has all the information we all want:

http://www.visataxes.com/

perm2gc,
Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.

Thanks for the advice. I appreciate your insight.

I am going all in now.

1. I will call the Customer Service Line tomorrow.

2. I already got the InfoPass for 10/6

3. The letter for my senator is drafted. It will be sent tomorrow.

4. Finally, an email to the Ombudsman has been sent.

Hopefully, there is be some movement.

infopass is almost useless. Open SR, contact senator and email the ombudsman.
Dont worry about dates, your PD will almost certainly remain current going forward. If 6 months pass by, your date remains current, processing times remain as they are and case is not approved, sue them (Writ of Mandamus):
http://www.google.com/search?q=Writ+of+Mandamus+485
File it 'pro se' (on your own, without a lawyer) if you are worried about the expense...

Bang on