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snathan03-24 11:45 AMI was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.

What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

Please guide me asap. Thanking you in advance!

If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.



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eagerr2i08-02 06:00 PMMy wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.



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bsbawa1005-31 07:22 PMI am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.



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seahawks10-30 08:58 PMCalling all Washingtonians.. please make it a point to attend the meet and greet event!

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GCNaseeb02-06 03:40 PMAnything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.

Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.



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billu05-01 10:40 AMI am on h1b visa and want to buy a property in india. My parents in india will be the POA. Can someone suggest which is better- taking a personal loan from a bank in India or here?Also, if someone has done the same, can u provide the details about how much loan one can get, any good bank to get it and the paperwork etc. thanks a lot.

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bharol06-16 12:57 PMI am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.

Whose fault do you think it is?

It is the hight of carelessness.
Passport was expired when you went to consulate!
I can't believe it.

You deserved it.

Now go get the passport renewed and get back in line.



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gc_eb2_waiter07-06 10:27 AMAs part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

I believe this is the provision we should fight for instead of CIRcus.

What are your thoughts?

Thanks
Sree

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pointlesswait03-31 11:30 PMDude,

I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.

best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.

In this economy everyone has got hit pretty hard..so just hope for the best.



Thanks a lot for your comments. They are really helpful.

In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

Do you know the "standard" wording for USCIS decision in cases like mine?

Thanks a lot again, I really appreciate your comments.



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nogc_noproblem07-19 03:53 AMWow, the best reply I ever got on this subject. Thanks a lot.


Hope this helps :)

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GCBy300007-18 04:46 PMThis is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.

EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

The online case tracking system has the status of case received and pending

Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

I did a FP appt in Jan 2006 though.

I have been asked to refile I-485 now.



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Dhundhun06-26 01:02 PMIf you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.

As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.

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delhirocks07-18 04:15 PMThat sucks. I have never heard anything like this...good luck



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Administrator207-07 08:23 PMThere is definitely something weird going on in the background. Otherwise why would u take off free expression of members. Why are u challenged ?

Specially by member who is on this website from 2006. Is collecting money is the only goal left or u want to do something constructive. I am not doing something like this in anonymity but half of the team knows by name. So what's ur problem Administrator ? Is Elections a big thing to ask ?
So u suppressed my thread from the front page ? That is shameful and challenges the transparency of the core team.

Now go ahead and ban me...I have no problems.

You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.

IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.

Consider this as a final note of caution.

All the best

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amitga07-15 12:47 PMYou are not allowed to re-capture unused photos. This would require a legislative change.:D

When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?



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krithi02-18 05:05 PMI recently returned from India, had a valid H1B visa, but the immigration officer insisted on using AP, my attorney suggests i need to change back on to H1B, any thoughts on this?

Thanks,
Krithi

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we_can01-02 12:53 PMThank you very much.

I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.

Pls clarify.

Thanks

Once your passport date is expired, it is considered a new passport issue. You would have to pay the $40 fee plus $15 for mailing. See instructions here
http://www.cgisf.org/visa/indian_services.html



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punjabi7708-18 12:36 PMWell if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..

Thanks for all the responses to my thread so far..



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Legal_In_A_Limbo01-14 09:37 PMplease share ur experiences



chanduv2309-17 11:50 AMbased on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids

The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES


AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER

LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES

KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS

ATLEAST NOW - LEARN FROM THESE CHILDREN

EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS

YES, EVERYONE TO DC

EVERYONE TO DC



cybergold04-28 05:38 PMok thanks, i'll get rid of them right now