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  • satya1234
    03-26 01:11 PM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.





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  • indigokiwi
    04-17 12:50 PM
    ^^^^^^^





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  • Kalidindi
    07-26 04:30 PM
    The PD was current in August 2005 for EB2.





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  • mysticblue
    08-17 11:33 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Thanks. That helped a lot !



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  • geniousatwork
    09-22 08:46 PM
    My AP was approved on Sep2. Still awaiting the AP in mail.





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  • p_kumar
    11-30 12:22 PM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K

    I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D



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  • beautifulMind
    06-16 10:10 AM
    Are you sure of this..This is very important for my wife. Her F1-OPT begins in October and I feel that the I-485 EAD may not come till then. She also has a job offer to start in october so we are thinking that it should be ok to start working on F1 OPT till we get our 485-EAD and eventually shift





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  • cheg
    07-27 12:57 AM
    thanks vikram! good job! i have it in my bookmark already. :D



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  • newfoundland
    08-04 03:48 PM
    Hello,

    How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?

    I do not want USCIS to send ant document to my ex-lawyer anymore.

    Thanks so much

    EB2-NIW
    PD march 2003
    RD - august 2003
    I-485 pending





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  • San_Chez
    03-19 01:33 PM
    Hello jnrajan and King37:

    I am planning to apply to Canadian PR. Can you help me with information?

    Many thanks!



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  • GCBoy786
    09-16 12:09 AM
    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.





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  • dan19
    09-12 01:52 PM
    Isn't it done before LC filing?

    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.



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  • Thiru
    09-22 08:53 PM
    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?

    I applied on 8th of July and got approval notice through mail on 4th sep at TSC





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  • gcisadawg
    04-30 01:37 AM
    Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!

    Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.

    -GCisaDawg



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  • surge
    02-18 05:18 PM
    Hi Surge
    You should then consult a lawyer.

    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?





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  • eb3_nepa
    07-20 09:01 PM
    Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
    I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.

    I'll truly appreciate

    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.



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  • jaggu bhai
    08-10 08:42 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks





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  • vine93
    03-15 01:37 AM
    Faxed already.





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  • martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





    go_gc_way
    09-22 02:50 PM
    Good idea !!

    I am with you folks. When I have added new members, I will let you know names.

    Please keep this thread alive.





    sundar99
    05-03 11:34 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.



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