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Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.

Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.

give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:

One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.

That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.

until today my I485 was 60 days outside the processing times.
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

Things that caused Nebraska to move back:

Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)

The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

This is some sign of some LIMITED attempt to process as FIFO for receipt date.

hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset

These look fine on my editing PC but are too dark on my work PC...
...how's it look where you're at? :)

Also, the second picture is uncropped from the camera, I kind of like the frame
the background creates, but do you think it should be cropped tighter?

http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9175_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25912/cat/647) http://www.dphoto.us/forumphotos/data/647/thumbs/JH5Q9169_Skata.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/25919/cat/647)

Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.

Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....

Jayant,

Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

Once again thanks for the advice. Let me rephrase my question:

(a) At this point can I file for PERM processing (five months left on H1)?

(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

At this point, I am loooking for extension of one year. Is there any way I can do this?

Thanks a lot again,
Savitri Bhave

Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

Good luck

Thanks,
Jayant

Awesome. Congratulations and enjoy!

If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.

My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.

Thanks!

Your interpretation of the original poster's statement and your bottom line assertion are both incorrect.

The original poster has said that s/he has a valid visa till 2010. Even if s/he has the I-94 that came with the H-1B approval notice (assuming they did a change/extension of status), that I-94 doesn't define the status of the benficiary once s/he leaves and re-enteres the country.

What matters is the Class of admission and duration of status on the most recent I-94, not just any I-94.


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.

Hello there

I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

Thank you
Chaitanya

Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......

believe that American companies are telling the truth when they claim there is a lack of qualified talent in the U.S. for the high tech industry?

Even though the disclaimer says unscientific poll, this is outrageously biased.

Please forward to all hi tech companies. Let it come from the horses mouth.

I don't have THAT many posts :P

I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.

PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.

Thanks Tnite and Leoindiano for your responses.

Yes, I called Customer Service first thing this morning and I think I was lucky enough to talk to an IO. I think she was an IO because she had access to all the information and she confirmed that the older PD is in effect.

Once again thanks for the responses.

Pnini


When you filed I485 , you have to send a copy of the I140. If you had sent in the one with the old PD then thats what USCIS will go by.

Call USCIS custonmer service and see what they tell you.

You can get an extension using A's 140 only if it was not revoked.

Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

Thanks!!

How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.

Hi Everyone,
My I140 which has been approved for more than 4 years now was transferred from Texas to Nebraska.

Trying to find the method in USCIS madness - has this happened to anyone else also and any reason why they might suddenly have decided to do this?

One reason I can think of is my 485s are in NE so maybe they are trying to consolidate all information in one file??

Appreciate peoples inputs.

I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?

2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.

Thanks,
Praveen.

If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.

Folks,
I have not recieved my FP notices either. Last time I checked they are still being sent.

I have the online status and the receipt number. Would that me enough ?

-Bipin