reddog
11-03 10:43 AM
I would be very cautious about her overstayin without getting the extension in hand.
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).
wallpaper The horseshoe crab has been on
ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
backtoschool
12-28 12:32 PM
I spoke to some one and he has told me the following:
(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.
Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002
No, i am not stuck in the name check stuff. Just the BS wait!!!
SO, guys who else is moving outside US for education?
(1) Yes, you can take off of education outside US . Make sure that employer does not revoke I-140. And uey, ofcourse you will be returning for a similar job.. ( Yeh right I will do the same job after investing in MBA. LOL. I wont.. its on paper)
(2) EAD and AP can be applied on one;s behalf in his or her abscence from the US. The catch is that one must return tothe US before the AP that you used to exit before it expires. So the plan would be apply for new AP in your abscence as soon as it is approved return to US for a day or two pick the new one and exit again.
(3) 485/GC is for future jobs.
(4) Looks like it is possible.. this is :"similar to a situation where in yoru co decides to send you to a mission outside US for extended period.
Other questions for folks who asked me:
My stats
EB3 - india
PD Jul 2002
No, i am not stuck in the name check stuff. Just the BS wait!!!
SO, guys who else is moving outside US for education?
2011 as the horseshoe crab.
leslie535
02-28 11:00 AM
hey unitednations:
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
Leslie
more...
perm2gc
08-30 12:50 PM
Dear IV Members,
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure
cbpds
08-03 06:27 PM
you missed on one fav diet control idea ---drinking Green tea :)
more...
OLDMONK
04-17 02:42 PM
Filed Feb 22/06 got approved on March 7/06
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
2010 The horseshoe crab population
kimbhoot
09-15 09:45 AM
Hi,
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
more...
Suva
07-27 03:23 PM
One of the stupid questions!!!
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
hair Andu untap horseshoe crab,
lj_rr
09-01 12:31 PM
It will be good if someone can provide the exact steps.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
more...
Jaime
02-02 05:35 PM
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
hot limulus horseshoe crab
pappu
09-14 03:51 PM
call 732-297-9886 and ask questions
more...
house horseshoe crab eggs. on
anirudh74
08-08 09:19 PM
I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.
tattoo gills of a horseshoe crab.
xbohdpukc
03-05 02:57 PM
I guess that's how much they value the American Dream, so let it be, I'll pay that price, no prob.
more...
pictures American Horseshoe Crab,
windycloud
09-04 01:17 PM
That would be sweet I guess. My PD is Oct. 07. :)
dresses Horseshoe Crab Swim by Mary
anilsal
03-09 05:54 PM
I had dream last night, part of which I still remember.
As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.
And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.
And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.
Quite fun to read.
As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.
And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.
And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.
Quite fun to read.
more...
makeup Noms the Horseshoe Crab
sundar99
05-01 01:39 PM
Does - Emergency Appoinment include - people already working in US ? are you sure ?
girlfriend Horseshoe Crab
sujith1
07-07 06:05 PM
Yes - 485 can only be applied if ithe dates are current
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
hairstyles with horseshoe crab Also
gc_check
01-17 08:21 AM
Refer to the below url for more details.
http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply
Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.
http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply
Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.
naushit
05-22 04:02 PM
My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?
Bogdan
06-03 11:51 PM
Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.
No comments:
Post a Comment