snhn
04-13 11:58 AM
Hello,
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
jayleno
06-20 08:05 AM
I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
vegasbaby
02-19 07:12 PM
thanks guys for making the effort to understand my situation.
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
GCBy3000
05-18 09:24 AM
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
more...
gc_chahiye
12-10 12:40 PM
Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
pradeep_s
12-20 11:01 PM
Hi Msyedy,
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
more...
san3297
11-09 08:05 PM
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
wleebrown
November 14th, 2007, 01:32 PM
I used to reformat my CF card when I put it in the camera. But I started getting card read errors from Lightroom, when in fact the files were readable. This may have been strictly a Mac issue, but once I stopped reformatting the card each time the errors stopped occuring.
Just my $0.02 worth on formatting.
Blessings,
Lee
Just my $0.02 worth on formatting.
Blessings,
Lee
more...
cinqsit
02-02 08:43 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
kisana
04-10 12:44 PM
Please provide your input.
more...
rajuram
06-19 09:42 PM
Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!
bkn96
02-18 01:33 PM
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!!! .
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!!! .
more...
DSLStart
07-29 11:16 AM
No contact with old attorney since I changed job. Do you see any chance of our PD becoming current for next month, hence this activity?
I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?
I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?
svr_76
06-16 08:07 PM
Start off your infopass with the following question.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
But am looking for relevant information rather than experiences.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
But am looking for relevant information rather than experiences.
more...
newbie2020
06-11 06:08 AM
This would help people who have used the H1 to the sixth year, and cannot recapture days to apply extension before they can use the 365 days clause from Aiyates memo. I know few
skagitswimmer
April 6th, 2005, 12:14 PM
This is a very useful thread!
Has anyone tried using the multiple mask technique to expand dept of field rather than (or in addition to) dynamic range? Might have to soften the edge of the mask but in principle it should work, using one photo set to near focus and the other to infinity. Obvioiusly a tripod would be essential. For non-manual focus lenses one could toggle the infinity focus on/off.
Has anyone tried using the multiple mask technique to expand dept of field rather than (or in addition to) dynamic range? Might have to soften the edge of the mask but in principle it should work, using one photo set to near focus and the other to infinity. Obvioiusly a tripod would be essential. For non-manual focus lenses one could toggle the infinity focus on/off.