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Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

Thanks

Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?

So we can transfer our H1's but can we still have our 485 applications pending

I can sponsor a couple of T-shirts with generic sizes. Could you please let me know the address that can send them. Thanks

but the thing is.. i dont have another strip of rentangle on either side... according to the tutes.. im suppose to have one

Normally in the job ad they specify if they need greencard holder or citizen. If they have not specified and you have job then it is all set. EAD is the document which establish your right to work. so they ask it when you join them. They will take photocopy of it. You need to update them when you renew your EAD.

Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....

1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.

It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:

In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]

* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.

Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.


2)How does USCIS actually track who is employed and who is not?

They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.



3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?


Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.

I.e., you will have no problem at all.



4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

Any thoughts/opinions wouldbe most appreciated.
Thanks!

My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.

I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

Any advice/help is greatly appreciated.

hi

My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.

Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.

If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.

Thank you in advance

I went to border and security deffered inspection site at Raliegh NC from this url

http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.

The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.

Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.

Hope this helps.

My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

Any comments/ assistance would be most appreciated.

Thanks

Hi Guys:

Had some questions with regards to my actual 485 form.

situation:

2000-2003 -F1 (never out of status/ visa stamped in 2000 in bombay)

2003-2004 - OPT

2004-2007 - 1st H1 (never got it stamped)

2007-2010 - 2nd H1 (stamped last month in canada)




PART 3

Place of Last Entry Into the United States (City/State)

What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94

Consult a lawyer.
I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

This situation of yours hinges on technicality and better talk to a lawyer.

You are right. These certifications may add some value when applying for H1B Visa but not for GC Processing with USCIS. You can just ignore those certifications....

I would like to clarify one thing....

Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....

I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.

Correct me if I am wrong.....

- B+ve

As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??

11 years for me... but I have not done anything to cut someone off... just waiting patiently...

hey zcool be cool man..

i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..

hi gapala,

Thanks for your response...

The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.

Please let me know your thoughts.

With Thanks
Venu

Guys and Gals,

It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

I'am staying positive..... Want y'all to do it too....

All the best....

Kasi,

I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.

I think the I-94 Numbers should be the same on all I-94's.

hi
yes. that what my lawyer says.i have only two months so going in person for renewal.




Does the passport have to be valid for at least 6 months at the time of filing 485?

My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.

Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member

I second that

I actually agree with rev now.... I think the location of the text is what is making it look like there are too many empty spaces.... where if you offset the text it will be one big open space instead of a bunch of big ones.

I think that will make it look better.

Guys,

We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.

Thanks.