sunny1000
07-01 04:14 PM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
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Blog Feeds
08-26 07:20 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
Elin Nordegren broke her silence (http://sports.yahoo.com/golf/blog/devil_ball_golf/post/Elin-Nordegren-on-Tiger-Woods-I-ve-been-throug?urn=golf-265021)today and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.
In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.
If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.
We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/elin-nordegren-her-side-of-the.html)
gcwait2007
03-28 04:32 PM
I got a LUD today filed 7/11/2007 NSC
what is your category? EB-2 or EB-3? Thanks in advance.
what is your category? EB-2 or EB-3? Thanks in advance.
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eastindia
03-04 01:00 PM
What is donor forum. How to access that?
Click on donate button and sign up for monthly recurring contributions. You will know lot of information about IV activities.
Click on donate button and sign up for monthly recurring contributions. You will know lot of information about IV activities.
more...
looivy
06-25 08:00 AM
I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.
We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.
We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.
ineedmymother
02-23 08:29 AM
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
more...
martinvisalaw
01-07 02:40 PM
Your mother can file a B-2 extension request on an I-539. She should not need to file an Affidavit of Support, just provide reasons why she wants to extend beyond the initial admission period. In my experience, CIS is very generous in granting extensions of visitor status. It my take a few months to get an approval. However, as the previous poster says, she can stay in the US while the extension is pending IF the extension is filed before her current status expires. Good luck.
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fasterthanlight�
05-10 04:04 PM
Thanks! I'm just wondering why I was the first to think of it. MEh.
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ascetic
05-03 05:53 AM
What about the Spidy ?
Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)
Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)
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glen
04-17 09:33 AM
It's time for USCIS to implement the regulation. I suggest we as IV members or individuals, sent fax or mail to USCIS Director. Hopefully things will change and if not we do not loose.
more...
skarthy
11-27 04:41 PM
Hi ,
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.
Can she travel to Canada and comeback showing her old stamping ?
Are we abandoning the current H1 if we go out while its pending ?
She just wants to see her sister and they wont let them visit either. :(
Thanks a bunch for your time.
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.
Can she travel to Canada and comeback showing her old stamping ?
Are we abandoning the current H1 if we go out while its pending ?
She just wants to see her sister and they wont let them visit either. :(
Thanks a bunch for your time.
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gctoget
08-10 06:31 PM
bump
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pd_recapturing
06-28 09:31 AM
A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
Do you know as to why it got denied ?
Do you know as to why it got denied ?
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jamesbond007
11-12 12:12 PM
It is very simple actually. It most likely will take an hour of your time. And will not cost any $$ to you.
You go to the tester with whom your new employer has a contract; tell them you came for a new employee drug test for so and so company; they will take your ID information and if they need a code from the company; they will take your sample and send you on your way.
They will send the results to your employer over the following few days.
Obviously if you don't do any drugs, you will be OK.
In case of a (false) negative, you will get a chance to challenge.
You go to the tester with whom your new employer has a contract; tell them you came for a new employee drug test for so and so company; they will take your ID information and if they need a code from the company; they will take your sample and send you on your way.
They will send the results to your employer over the following few days.
Obviously if you don't do any drugs, you will be OK.
In case of a (false) negative, you will get a chance to challenge.
more...
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nosightofgc
01-01 06:34 PM
First of all please forgive me for creating a new thread. I am just trying to see whether any one in the same boat and what it could be.
I just found soft luds on my previous H1B which was approbed in 2006 Feb and I-140 which was approved in Dec - 2006 (I-140 lud was after one week of H1B Luf change). I wonder what it could be? I know there is no logic and it is hard to predict what it might be. May be some standard updates as some one suggested. But these two did not change in years.
Any way, any one in the same boat?
thanks
I just found soft luds on my previous H1B which was approbed in 2006 Feb and I-140 which was approved in Dec - 2006 (I-140 lud was after one week of H1B Luf change). I wonder what it could be? I know there is no logic and it is hard to predict what it might be. May be some standard updates as some one suggested. But these two did not change in years.
Any way, any one in the same boat?
thanks
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ups
10-29 02:18 PM
I didn't file AC21 but got GC. So I also say don't file until you get RFE
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sc3
11-20 01:01 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
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willIWill
10-29 04:43 PM
Economy returns to growth after deep slump | Reuters (http://www.reuters.com/article/GCA-Economy/idUSTRE59S1EF20091029)
BBC NEWS | Business | US economy is growing once again (http://news.bbc.co.uk/2/hi/business/8331497.stm)
The Good and the bad of this news.
Good: More Jobs created if the growth sustains moving forward to 2010. :)
Bad: Lesser Spill Over numbers than is being expected for 2010. ;)
BBC NEWS | Business | US economy is growing once again (http://news.bbc.co.uk/2/hi/business/8331497.stm)
The Good and the bad of this news.
Good: More Jobs created if the growth sustains moving forward to 2010. :)
Bad: Lesser Spill Over numbers than is being expected for 2010. ;)
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texcan
09-14 09:41 AM
I had my Labor go through without any issues. I haven't yet applied for 140.
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.
H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.
good luck .
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.
H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.
good luck .
ewapu
03-11 08:15 PM
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
mnq1979
06-25 10:08 PM
Hi,
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
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