sri@180
02-08 11:00 PM
I went to USA 1 yr back by h4.h1 is approved in nov2007.If i face any queries on h1 in indian emabassy.Can i go by h4 to USA in that h1 query period.i mean without h1 stamping in query period.
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martinvisalaw
09-10 12:13 PM
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
martinvisalaw
07-16 03:00 PM
Hi,
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.
Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.
I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.
As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.
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levelup3
12-19 10:24 AM
Thanks for all your post
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wellwishergc
07-11 12:27 PM
^^^^^^
suny_saini
07-24 07:20 AM
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
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walking_dude
11-21 02:26 PM
Hope he finds a job soon. It's sad to see bad things happening to good people.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
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mariner5555
04-04 01:57 PM
I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
Rgrant, coolguy ..Thank you v.much !!
Rgrant, coolguy ..Thank you v.much !!
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PlainSpeak
02-23 10:38 AM
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
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Googler
02-20 08:15 PM
Just food for thought. At this time there are 28600 EB1 visas. Most in the EB1 category are current or pretty close to it.
As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.
As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.
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sudiptasarkar
11-06 08:38 AM
Hi,
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
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eyeswe
06-03 04:55 PM
Thanks qasleuth.. that clarifies
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priderock
05-15 02:40 PM
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don't think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
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ghost
12-09 11:02 AM
Dream Act 'Motion to proceed' passes with 59 to 40 votes.
It goes for cloture vote, which require 60 votes.
"Motion to table" - means "motion to delay" passed, right?
It goes for cloture vote, which require 60 votes.
"Motion to table" - means "motion to delay" passed, right?
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gchopefull
12-17 12:48 PM
did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
sorry for the last post and thank you in advanced for your response
sorry for the last post and thank you in advanced for your response
dresses Willow Smith 2011 Grammy
ganesh_sholapur
11-08 08:29 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
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Raj_2009
08-19 10:39 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
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GreenCard4US
08-21 02:40 PM
Sorry about the dates, I have corrected them.
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MightyIndian
11-05 11:08 AM
He is the ex-chief minister of Andhra pradesh, a state in India of which Hyderabad is the Capital. As for CBN's agenda, he is too concerned about his chances of getting re-elected to worry about other things. My take.
Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.
Now we see his reforms being applauded everwhere.
MI
Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.
Now we see his reforms being applauded everwhere.
MI
nixone
07-30 05:02 PM
I applied on April 17th and got it approved on May 30th.
EB2 or EB3? Master's degree or BS + 5 years?
EB2 or EB3? Master's degree or BS + 5 years?
nk2006
07-04 04:00 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
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