ursnkk
11-22 07:42 PM
Hi
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
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sameer2730
06-28 08:37 PM
Does the "Receipt Rule" apply if an approved EAD is lost in email and a replacement EAD is applied for. The documentation mentions that it is valid to accept the EAD receipt for upto 90 days after joining date or for 90 days after reverification(which I presume happens after the current EAD expires)
?
?
Nole2007
07-02 03:49 PM
My situation is tricky here. I would really appreciate any inputs.
My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:
Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.
Please guide me through the process and any scenarios. Thank you in advance.
My six years validity for H-1 B will be complete in Mid Dec 2007. I filed my Labor on March 5th in Atlanta. As you know the ATLANTA center is really really slow and I am still waiting on my Labor approval decision. I thought of applying 140 through Premium Processing. Now USCIS suspended premium processing for 140s. My question is:
Whay will be my situation if my Labor gets approved and 140 is pending as of dec 2007 as the LC is filed with less than 365 days remaining on H1 validity? Will I be out of status or can I apply for 7th year extension.
Please guide me through the process and any scenarios. Thank you in advance.
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smuggymba
10-13 11:35 AM
Hi folks
We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
(TOOK ONE MONTH APPROX),
Now the question is,
I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????
Any seniors had experienced the same situation?????????
Pl advice
JAGGU BHAI
u can come back on OPT only if you have a valid and current job offer. On F1, u have to come back on stamping.
We have applied for COS for my wife from H4 - F1, and yesterday we got approval.
(TOOK ONE MONTH APPROX),
Now the question is,
I AM AWARE THAT SHE HAS TO GET STAMPED IF SHE TRAVELS TO INDIA, BUT what if she travels to India, when on OPT status????
Any seniors had experienced the same situation?????????
Pl advice
JAGGU BHAI
u can come back on OPT only if you have a valid and current job offer. On F1, u have to come back on stamping.
more...
swamy
12-12 08:25 PM
Just my thought for what its worth.
GG_007
please stop thinking then
GG_007
please stop thinking then
QuintonBermuda
04-26 10:26 PM
Sorry, If you read towards the bottom there is talk of eliminating the per country caps...
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Michael chertoff
05-08 08:58 PM
Start with Libra. I have seen people talk, talk, talk and talk about immigraton and gone with the wind right next day they get the green card. Start with a member 'libra', he always used to blame eevrybody, not seen since the day he got his GC. Share some other names.
buddy they moved to " Why 5 years wait for Citizenship forum"
MC
buddy they moved to " Why 5 years wait for Citizenship forum"
MC
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vemulap1
09-30 04:57 PM
I applied for my first labor in 2004 Feb, due to backlog center processing and I140 RFE so I applied for second labor from same employer in 2006 Sept.
Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
Later after six months my first I140 was cleared.
My question to IV Guru's, Is there any process to interfile older priority date to the second
labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.
Any suggestions are appreciated.
Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
Later after six months my first I140 was cleared.
My question to IV Guru's, Is there any process to interfile older priority date to the second
labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.
Any suggestions are appreciated.
more...
dhirajgrover
04-16 05:06 PM
Sorry, I misunderstood you, but that has not been shared by the employer.
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harikapraveen
07-25 12:00 PM
Your assumption is not right.
Your visa must have a validity date. You can travel out without any problem as long as your travel dates are within that VISA validity date.
No problem if you are not willing to travel..and want to stay in USA. If your H1 is about to expire...then make sure it is extended.
Your visa must have a validity date. You can travel out without any problem as long as your travel dates are within that VISA validity date.
No problem if you are not willing to travel..and want to stay in USA. If your H1 is about to expire...then make sure it is extended.
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diptam
07-10 09:20 AM
Guys/Gals,
Do you know that if i become a named Plaintiff in 485 fiasco lawsuit and the lawsuit drags for a Year ( just vague timeline) does that imapairs my ability to file a fresh new 485 application if my PD becomes CURRENT ?
I'm also assuming that USCIS would not return my Package sent on July 2nd since i'm the middle of a live lawsuit as a plaintiff.
Thoughts ? Knowledges ?
Thanks,
Diptam
http://www.murthy.com/ailf_lawsuit.html
Do you know that if i become a named Plaintiff in 485 fiasco lawsuit and the lawsuit drags for a Year ( just vague timeline) does that imapairs my ability to file a fresh new 485 application if my PD becomes CURRENT ?
I'm also assuming that USCIS would not return my Package sent on July 2nd since i'm the middle of a live lawsuit as a plaintiff.
Thoughts ? Knowledges ?
Thanks,
Diptam
http://www.murthy.com/ailf_lawsuit.html
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eyeswe
08-23 02:38 PM
My take and I am far from a lawyer.. so this is not legal advice...
You can study on H4
You cannot accept a scholarship
You cannot take an in-campus job
You cannot do an internship, apply for CPT or OPT's
If the above are all true.. there is no need to inform USCIS
You can study on H4
You cannot accept a scholarship
You cannot take an in-campus job
You cannot do an internship, apply for CPT or OPT's
If the above are all true.. there is no need to inform USCIS
more...
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Karen
November 13th, 2006, 02:04 PM
Thank you for the reply. There was another thread that touched on this and it sounded like they were able to replace the button battery. It's not something that I would feel comfortable doing tho'!