sledge_hammer
06-09 05:25 PM
By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!
I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.
You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.
You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
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ivar
06-18 10:59 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
You have maintained legal status proved by our I94 extensions.. also take all your paystubs for visa stamping to show your job contiunity. You will be good.
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anilsal
09-14 05:30 PM
when someone working in DC, VA, MD etc says that they will try to make it to the rally because it is on a working day. Come on, give us a break because multiple people are flying from the west coast.
Move your a$$ and get to the rally. You have made enough ruses about not being able to attend the rally.
It makes no sense for you to be the beneficiary of someone else's sweat(in getting legislation passed).
Now show some spine and attend the rally. :)
:D
Move your a$$ and get to the rally. You have made enough ruses about not being able to attend the rally.
It makes no sense for you to be the beneficiary of someone else's sweat(in getting legislation passed).
Now show some spine and attend the rally. :)
:D
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hopefulgc
08-03 06:38 AM
Great idea... signature updated.
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mambarg
08-02 04:50 PM
They are predicting and dont know the truth.
So in prediction, they are competing with us.
Ignore it.
They are making it official on their website.
They should have a warning sign: Reading this article may be injurious to your health OR something.
Everyday things change. They did not predict that July 2 will get revised ?
They why bother reading their site now ????????????????????????
So in prediction, they are competing with us.
Ignore it.
They are making it official on their website.
They should have a warning sign: Reading this article may be injurious to your health OR something.
Everyday things change. They did not predict that July 2 will get revised ?
They why bother reading their site now ????????????????????????
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vinnysuru
03-30 12:26 AM
You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.
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zimmy100
03-24 12:30 PM
Friends,
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
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rockstart
04-29 08:46 AM
I have a straight case working on H1 for same employer since 5 years. My 2nd H1 was approved on Oct 1 2007 valid till 2010. I saw a soft LUD on my H1 for 4/26/2009. I am not too worried I think it is just system update thing.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.
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Tshelar
08-24 08:57 AM
As far as I know INS cannot look into somebody's tax records without the individual's consent. I am not sure this is even a genuine post.
And of course IRS is happy take your taxes, they don't care about the immigration status.
And of course IRS is happy take your taxes, they don't care about the immigration status.
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kondur_007
08-04 10:07 AM
Hey, great example and at a good time.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
more...
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sbabunle
09-14 06:28 PM
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
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gc_kaavaali
11-14 10:24 AM
hey fearonlygod,
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
more...
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sanu121
12-22 05:07 PM
Austin+1
Count me in.
Count me in.
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Beemar
10-04 09:04 PM
Congratulations.
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
Even I got approved on saturday. What's wrong in that?
Enjoy green life now.
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
more...
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sac-r-ten
04-23 10:53 PM
your case is different than others on this thread. while other have expiring passport yours is a mistake by USCIS.
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
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dpp
09-18 08:41 PM
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.
Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.
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Jaime
09-12 05:02 PM
Come to DC or we will send "Churi Chikkanna" after you...LOL
Not exactly sure who Churi Chikkanna is, but we will definitely recruit him/her and send him after anyone who does not attend the rally!!!
Only kidding of course
SERIOUSLY GUYS THIS IS THE TIME TO ACT! EVERYONE TO WASHINGTON!!! ALREADY MANY PEOPLE CHANGED THEIR MINDS AND DECIDED TO ATTEND!!! WHAT IS STOPPING YOU??? TELL US AND WE'LL HELP YOU IN ANY WAY (EVEN WITH TRAVEL MONEY) SO THAT YOU CAN MAKE IT!!!!
Not exactly sure who Churi Chikkanna is, but we will definitely recruit him/her and send him after anyone who does not attend the rally!!!
Only kidding of course
SERIOUSLY GUYS THIS IS THE TIME TO ACT! EVERYONE TO WASHINGTON!!! ALREADY MANY PEOPLE CHANGED THEIR MINDS AND DECIDED TO ATTEND!!! WHAT IS STOPPING YOU??? TELL US AND WE'LL HELP YOU IN ANY WAY (EVEN WITH TRAVEL MONEY) SO THAT YOU CAN MAKE IT!!!!
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reddy_h
02-10 05:53 PM
You can sponsor for your parent's visitor visa for your graduation ceremony.
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milind70
07-25 12:33 AM
Passport is a travel document and has to be in order if you are travelling or have to stamp a Visa,but your I-94 has to valid when you are applying for AOS.
Passport is much more than a travel document, it is your identity abroad .All you identities here are based on passport.It is a document which proves ur citizenship.It is recognized world wide. If you are living in a foriegn land you are supposed to have a current updated passport that is expected. Try renewing an expired passport it takes much longer than renewing an unexpired passport.
Passport is much more than a travel document, it is your identity abroad .All you identities here are based on passport.It is a document which proves ur citizenship.It is recognized world wide. If you are living in a foriegn land you are supposed to have a current updated passport that is expected. Try renewing an expired passport it takes much longer than renewing an unexpired passport.
Ramba
05-14 04:27 PM
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
This may be a valid suspiecion, we may not ruled out ...
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
This may be a valid suspiecion, we may not ruled out ...
reddymjm
03-16 01:26 PM
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
Any rational reason ?
One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.
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