sauravpaira
02-27 12:21 AM
Hi,
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?
I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?
I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav
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Blog Feeds
06-24 04:30 PM
http://www.californiaimmigrationlawyerblog.com/tatoo.jpg
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
AirWaterandGC
06-07 08:21 AM
Can some one please shed some light on this May 15, 2005 cut off date and its significance ? Does it affect folks who have already filed for labor and I-140 after this date and have got it approved .... say sometime in 2006 ?
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kramesh_babu
07-25 08:08 AM
You should be good as long as the existing Visa is valid when you reenter. Even though the existing Visa stamping is tied to your previous employer, You do NOT have to go for Stamping just because you changed the employer and got the new H1. The IO at Port Of Entry might ask about your current employer and you should mention your new Employer and show the new H1B approval at at that time.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
more...
India_USA
04-28 12:59 PM
i 94 is for each person, so yes, your dad and mom have to have i 94 separately
CSPAmom
08-13 02:17 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
more...
onemoredesi
03-29 02:00 PM
Get your I140 approved. Once your I-140 approves, the priority date belongs to you forever. When you move to the next company and file for your labor again (with PERM nowadays, it doesn't take more than 3 months), you can still continue like you were with your old company.
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Munna Bhai
04-18 11:21 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
more...
LegalIndianInUSA
09-11 03:11 PM
Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
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diptam
07-09 08:21 PM
I also saw the Murthy Post just now.... AILA needs plaintiffs...
What happened to their own plaintiffs - even couple of days back they
said that they more than sufficent plaintiffs...
Are you guys filling up PLAINTOFF form ? The problem is that AILA /AILF
is a blackbox ... You can see that they are exchanging emails but cant read the content of email... ONLY FOR MEMBERS :mad:
Both
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
What happened to their own plaintiffs - even couple of days back they
said that they more than sufficent plaintiffs...
Are you guys filling up PLAINTOFF form ? The problem is that AILA /AILF
is a blackbox ... You can see that they are exchanging emails but cant read the content of email... ONLY FOR MEMBERS :mad:
Both
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
more...
devd
09-11 03:37 PM
On August 5th, My Online status got updated: Approval Notice sent
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
On August 19th, My employer got the notice stating that my petition is denied. He scanned it and forwarded it to me.
On September 10th, My Online status got updated: the post office returned the notice we last sent you on this case I129 PETITION FOR A NONIMMIGRANT WORKER as undeliverable. This may have serious effects on processing this case. Please call xxx to update your mailing address for this notice to be re-sent.
All this is leading to big confusion in my mind. I am not worried about denial. I am worried about what is happening here? Why Online status is deviant from what my employer says?
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abc
05-08 01:20 PM
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
more...
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thomachan72
05-17 11:10 AM
GREEEEEAAAT NEWS. THESE ABUSERS NEEED TO BE BROUGHT INTO LIGHT. However, I feel they should increase the cap based on marked requirement. If one qualified person is recruited properly (following required advt), has the proper qualifications, and is proposed to be paid adequately----MY friends in senate and wherever--WHY SHOULD THERE BE A CAP RESTRICTING SUCH A WORKER???? Take away the cap completely and scruitinize the applications / employers more stringently. This stupid cap gives the USCIS / govt a false sence of security that everybody coming through is qualified and good. Once the cap goes, each application would be scruitinized better.
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Adam
04-30 04:27 PM
Very nice :) That "alone" one is sweet :thumb:
more...
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visa_reval
06-22 06:31 PM
You can definately get a 1 year extension based on the fact that your labor is approved and is more that 365 days before your h1, 6 year limit ended. You can also port your I-140 PD if you have a copy of the I-140. This you can do when you file for I-140 with the new company. With regards to a 3 year extension with the new company "Y", there is no clear ruling on this. But you can try for a 3 year extension, and you might get it if you are lucky ( I've read that people were able to get it).
Please check with a good attorney like Rajiv or Murthy.
Please check with a good attorney like Rajiv or Murthy.
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eagerr2i
09-04 04:15 PM
If you travel abroad when the change is status is pending, the change of status is deemed withdrawn. Pls contact your immigration lawyer, so that he can work with USCIC to get the new I-94 details on the petition.
If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.
If the petition was approved before the travel happened, then all that you need to do is to start working and get a visa stamp of H1 when you go out of the country.
more...
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rbashir
02-15 06:47 PM
HI guys,
Can anyone guide me about the process of getting extension while I-140 is pending in appeal with AAO.
I filed the appeal in January and got the receipt that I-140 is send to AAO. As we know that now it will take about 9-11 months for the final decision. My H1b 7 th year is expiring in June 2008. Does any have had the similar experience of filing extension while pending appeal. Also, how early should I file for the extension.
Please advise.
RB
Can anyone guide me about the process of getting extension while I-140 is pending in appeal with AAO.
I filed the appeal in January and got the receipt that I-140 is send to AAO. As we know that now it will take about 9-11 months for the final decision. My H1b 7 th year is expiring in June 2008. Does any have had the similar experience of filing extension while pending appeal. Also, how early should I file for the extension.
Please advise.
RB
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gc_maine2
05-22 09:21 AM
Congratulations !!!.Enjoy your freedom...
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
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Saralayar
07-10 05:45 PM
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
Blog Feeds
05-07 02:00 AM
In Franz Kafka's chilling story "The Metamorphosis", a man wakes up one morning to find that he has been transformed into a "gigantic insect". Recently, a California family, all permanent residents for over 30 years, was suddenly informed by the government that they were all illegal aliens and must return to Thailand. Mr. Promsiri entered the United States on a student visa. His wife and two young sons, aged 10 and 3 joined him in 1971. In 1975, the parents obtained a divorce from a Thai Consulate in the U.S. The wife married an American citizen, and the couple honeymooned...
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
wandmaker
11-30 10:04 AM
aries: when there is no front-log, it is usually two weeks to reach the employer... add your employer or attorney shipping... email delays.
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