GcInLimbo
11-17 11:38 AM
Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[
The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.
I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.
Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.
I tried to attach the attachment but its failing.
Thanks
The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.
I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.
Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.
I tried to attach the attachment but its failing.
Thanks
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chanduv23
09-14 12:23 PM
All the more reason to come, by now, alomst every employer knows about IV and what we do.
Everyone knows that you browse IV anonymously with the fear of getting noticed by employer.
There is nothing to hide. Be proud of whatever you are doing.
IV comprises of people like you and me.
Yes, follow your heart, nothing wrong will happen, only good will happen.
Shed off all your ill thoughts and negative feelings, come join us to the hsitoric event
Everyone knows that you browse IV anonymously with the fear of getting noticed by employer.
There is nothing to hide. Be proud of whatever you are doing.
IV comprises of people like you and me.
Yes, follow your heart, nothing wrong will happen, only good will happen.
Shed off all your ill thoughts and negative feelings, come join us to the hsitoric event
hsingh82
03-12 09:50 PM
Congrats!! I can just feel your excitement in the title!
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needhelp!
10-10 09:41 AM
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glus
08-10 11:48 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
smuggymba
12-05 09:37 AM
Hi All,
We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
The application and the supporting documents are all in place.
We have to drive 3 hrs to the Indian Embassy.
Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.
Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?
Thanks All.
If in no hurry, mail the docs and pay the tatkal type fees. I used the office marker for the thumb impression, try on some other piece of paper first.
We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
The application and the supporting documents are all in place.
We have to drive 3 hrs to the Indian Embassy.
Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.
Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?
Thanks All.
If in no hurry, mail the docs and pay the tatkal type fees. I used the office marker for the thumb impression, try on some other piece of paper first.
more...
Hermione
09-25 12:52 PM
EAD is one of the documents that is listed in I-9 as the document that confirms both identity and right to work. You spouse can apply for SSN as soon as she has her EAD in hand. S/he may start working before SSN is issued if she applied for the SSN.
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venky08
01-07 03:12 PM
there is a discussion about this elsewhere in the forum. please go thru the previous threads.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
more...
Nov2004
08-26 01:08 PM
Bump^^^^
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
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geevikram
11-25 01:09 PM
It is still worth fighting for..I will make it to DC.
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Lydia
06-18 11:23 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
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chaks7
01-19 04:10 PM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4. If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
more...
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absaarkhan
01-29 10:18 AM
To Anantc
Yes She can work as long as the EAD is Valid.
Yes She can work as long as the EAD is Valid.
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learning01
05-24 01:44 PM
Good job.
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Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
http://www.tulsaworld.com/images/2006/060523_A1_Still55192_a1immigrant.jpg
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
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zoozee
07-30 02:10 PM
I too am eager to receive the receipt but since i have signed the G-28 form i guess have to rely on the lawyer of the employer.
Zee
Zee
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onemoredesi
06-21 10:53 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
more...
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Siboo
07-27 04:12 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:
Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???
I think you need seperate EADs for each jobs. 2 jobs means 2 EADs..:confused:
Common, You can do any number of jobs with ONE EAD. If you don't invoke AC 21, then why are you worrying about Job Description???
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lost_in_migration
05-14 09:34 PM
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navyug
06-26 04:58 PM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
sss9i
11-16 01:22 AM
I will join and I am from Phoenix.
ashkam
04-02 10:46 AM
you dont have to marry. just remain as illegal and they will GC sooner.
I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.
I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.
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