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  • roseball
    03-08 07:24 PM
    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.


    Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...





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  • fearonlygod
    11-13 09:54 PM
    thanks guys.....will proceed as suggested..also please advice that wether i need to have exp. letter from that guy.i am not optimistic in getting it....

    can the client exp. letter and refernce letters of client project manager work...??





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  • paragpujara
    10-15 12:03 PM
    DMVs in VA and MD check immigration status to issue/renew DL.

    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?





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  • TeddyKoochu
    07-29 03:26 PM
    The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.

    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.



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  • gckalafda
    03-20 11:46 AM
    RoseBall,, here is my query..Please answer


    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks





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  • meridiani.planum
    04-08 04:04 AM
    On the same lines, I have a question...My H1B is expiring on Apr 22 (some how with previous approvals and transfers I didn't get a 3 + 3) and Apr 22 will mark 5 years + 1 month of my H1B stay in the US. I have an approved 140 and my AOS is pending. One attorney has convinced me of a 3 yr extension and though she's expensive, I decided to go with her services as two other attorneys didn't guarantee me a 3 yr extn as I'm still into my 6 year now and have not completed 6 full yrs on H1B. Qn is, will I get a 3 yr extension (based on my approved 140) or a 11 months extension now? My PD is Feb 2006.

    Thanks in advance.

    yes you will get 3 years extension. make sure the application requests 3 years (& your LCA covers 3 years)



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  • sertasheep
    08-03 02:12 PM
    How many IV Pennsylvania members are planning to attend the DC Sept 13th Rally?

    NOTE: PLEASE KEEP YOUR PROFILES UPDATED (NAME, TELEPHONE NUMBER,EMAIL A MUST) SO THAT RALLY ORGANIZERS CAN REACH OUT TO YOU

    See details at :http://immigrationvoice.org/forum/showthread.php?t=11428





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  • TUnlimited
    11-07 05:22 PM
    By the way, I got my EAD. I don't want to spend money

    You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D



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  • setpit_gc
    08-13 02:09 PM
    What if that company not willing to offer any employment or no longer exists?.





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  • rajivkumarverma
    10-15 09:26 PM
    Hi
    I filled my I-140 & I-485 on Aug 2007.
    My I-140 got denied on August 28-2008.
    I came to know about my denial on Oct-15-2008
    I did not get any REF on my I-140
    My I-140 was filled under EB-2 category
    My Labour does not metion anything about EB2 or EB3

    What are my options ??? :confused:
    Can I apply for MTR? My attorney is saying you need to start all over again
    Please advise



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  • jayleno
    11-20 09:22 PM
    Great oppurtunity(....I mean bump).





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  • Funky_Monkey
    09-10 11:32 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.



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  • jthomas
    01-14 12:51 PM
    i had been to SBA and the free seminars for entrepreneurs conducted by them. They hold one-one meetings and try to know what you exactly want to do and tell you how to proceed. It is an goverment organization with volunteers who are reteired high ranking officers from different field. They gave me brochures and booklets and told me to write a business plan. Anyway, you can google SBA and find the nearest local office and ask them for a appointment.





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  • wandmaker
    06-10 01:39 AM
    I heard I-140 premium processing has been restarted. Is it true?

    No



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  • nsb
    07-17 04:52 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.





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  • chanduv23
    02-14 04:39 PM
    This is awesome. I wish I went to Medical school like most of my cousins..too late now

    I wished too :), though i am happy helping Paskal in his efforts now :)



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  • Bodran
    05-25 02:04 PM
    For some reason mine went the other way ,from Texas to Nebraska. It should have been in process at Texas but now Nebraska has retrogressed me about 5 months to March 10 2007 with my I-140 reeipt date of Aug. 16 2007. Can I complain about this? If so where?

    Type : EB3
    RD to TSC : Aug 16 th 2007
    Concurent Filing : NO
    Tranfered to NSC : April 7 th 2008
    Last Update : April 15 th 2008
    Current Status : This case is now pending at the office to which it was transfered
    Approval Date : Pending





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  • Dipika
    08-28 01:04 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.
    ......

    good. finally calling USCUS helps and your wife got EAD.:)

    in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)

    so no one know in what sequence USCIS is processing EAD/AP/485!





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  • x1050us
    06-26 05:03 PM
    My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?





    WAIT_FOR_EVER_GC
    07-30 08:51 AM
    I must correct the following facts for you.
    - Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
    - The confusion seems to in the administrative language, spillover means FB to EB.
    I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
    Leave them ted, they will never understand





    GCVivek
    04-10 01:18 AM
    Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.



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