140 Denied

One of the person i know has 3 years Bachelor degree and with few certification got approved with no problem from Vermont service center. i am sorry to hear that..
 
NSC has done it again!

Final verdict is if anybody has 15 years of education don't file @ NSC - it's just waste of money, time and energy. Other centers would approve it even with single degree or combination of degrees.

Sorry to hear that. I'm also in the same boat.
 
Not only 15 year edu....Don't file in NSC with out single 4 year degree



expeditegc said:
NSC has done it again!

Final verdict is if anybody has 15 years of education don't file @ NSC - it's just waste of money, time and energy. Other centers would approve it even with single degree or combination of degrees.

Sorry to hear that. I'm also in the same boat.
Click to expand...
 
July140,

Sorry to learn about the denial. Using previous approvals in similar situation as the benchmark at NSC and other centers, hope your appeal is considered fairly and favorably.

Good luck.

DIGS
 
Bad Day.

July140,

I am very sad to hear about the denial...

With Ur two Evaluation .. I really thought that it should get approved...

Anyways .. what are U planning right now... Appeal or just do new labor ...

I think U have enough time with Ur H1b for another labor tailor made for Ur case...




:mad: :mad: :mad: :mad:
 
Billtoo and everyone,

I am very very sad after waiting for a long time my case got denied. Since my wife used her EAD she is out of status now. I dont know how to handle this. She is working as a perm employee and we are struck now.

She changed her status from H4 to H1 and used EAD. Last month we used AP to enter. So she is out of status now. Do u guys have any idea how to get back to H1?

I have 1 and half year left and planning to appeal and do perm alos. My lawyer is saying we have more chances to get it approved once we appeal it. Lets see.
 
Labor Problem

A0001 said:
Not only 15 year edu....Don't file in NSC with out single 4 year degree
Click to expand...

4 year degree requried at NSC -- Hmm

I argue--- 4 year degree is a requirement of labor... and not of NSC ... When the labor says degree in Comp NSC means it and other service centers are bit lenient about it.. Plus they are other things like combinations - equivalent etc which can make one eligible at NSC too...

So why don't the attornies whoes client are 3 year guys -- file the labor accordingly... Just ask for 3 year program instead of 4 years in labor.
Say an associate degree .. and well to do computer coding in .Net or Java some big companies are just asking for high school guys ... U don't have to be a computer engg guy to write a high level code in VB.NET...

I think guys like July140 are suffering because of attonies fault --- as they have just one standard wording in labor and advertisement...

Wonder why we pay them so much....

What do U say guys --- can't the a good tailor made labor save someone from NSC denial --- please give ur opnion -- ask every one around -- this will not only help July140 to take decision -- but other 3 years guys too.
 
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H1b still valid.

july140 said:
She changed her status from H4 to H1 and used EAD. Last month we used AP to enter. So she is out of status now. Do u guys have any idea how to get back to H1?
Click to expand...

Well U made a mistake there --- to enter with AP.. I guess that was due to long delays at the consulate in the home country to get a appointment for visa stamping.

But -- I think she can still maintain her H1b status ...
--- if you are with same employer and using AP to enter country back, your H1B will be still valid.

Ask the local Immigration Information Officer (IIO) at USCIS Service Center. He/She will help U with this better.

Any ways if boil out to be out of H1b stattus then
I think there are 2 ways to get back H1b:
1> Leave the country and come back with H1b visa... Like going to canada and getting stamping there and re-enter US by air ... not road.

2> Apply for H1b again.


Hope that helps.
Billtoo.
 
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hi July140,

There is possiable solutions.Do u maintain H1 status or you also using EAD? Please let me know. then i will pass my ideas.


Thanks



july140 said:
Billtoo and everyone,

I am very very sad after waiting for a long time my case got denied. Since my wife used her EAD she is out of status now. I dont know how to handle this. She is working as a perm employee and we are struck now.

She changed her status from H4 to H1 and used EAD. Last month we used AP to enter. So she is out of status now. Do u guys have any idea how to get back to H1?

I have 1 and half year left and planning to appeal and do perm alos. My lawyer is saying we have more chances to get it approved once we appeal it. Lets see.
Click to expand...
 
even if you enter with AP also ....you working on h1 so there no issue for you because still your h1 is active.

coming to about spouse...you have to digg more info.
is she have valid I-94?
can she possiable to work on h1?
or thinking for h4?
is she has 4 year BS degree?




july140 said:
Hi A0001,

I have my valid H1 and still working with the same employer.
Click to expand...
 
A0001,

She has valid I-94 until June 2006 which we got last month when we used AP, but its not valid now right. Before she was on H1 with Valid I-94 but now thats not valid and also H1 was not canceled. She does not have 4 yrs BS.
 
Cos

i understand that -- both of U had H1b + EAD + AP...
Both ( U & Ur wife) went to Ur home country ...

U entered using Visa(H1b) and Ur wife used AP..

Now because of Ur wife entered using AP U she submitted her EAD to the employee and signed I-9 form.

Now for her to get back to H1b --> enter the U.S. showing the H1B approval notice

Source : Murthy.com
srinips : Hi, Ms. Murthy, thanks in advance. How to reinstate H1B status after using AP if u have valid H1B petition (not visa).
SPEAKER_Attorney_Murthy : Re reinstatement of H1B, next trip just enter the U.S. showing the H1B approval notice. The INS has stated that is sufficient to get back onto H1B status.
Click to expand...

Might be expensive step -- like air fare etc -- but again the appoinment at the consulate also --- might get a date after a month or so..

But consider this too -- If Ur wife got a h1b thru company AAA and now does not want to work for AAA ... (after re-entry ... ) . In this case it is better to get a fresh H1b from company BBB.

For AOS (485) status to H4 status -- I think U need to apply for COS -- Change of Status -- Ur atttorney could handle that -- but U should apply for that as soon as possible -- if U are not going in for H1b.

HTH
 
H-1B Traveling With Advance Parole

July140:
A0001 is right. You can stay at H-1B status. Read this (http://www.immigration-law.com/Archive XI.html):

05/05/2005: Approaching Summer Travel Season and H-1B Traveling With Advance Parole

Summer is on our door step and schools will take a long break allowing students and employees of the schools to take a vacation and traveling abroad. There are a substantial number of EB-485 filers who maintain a H-1B status and at the same time possess an Advance Parole. Some of these EB-485 filers may want to travel on Advance Parole rather than on H-1B because of the complication and delay in obtaining the H-1B visa stamp at the visa posts.

People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.

The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status. The approval of such H-1B extension is considered by the USCIS as revocation of the parolee status and reinstatement of the H-1B status. These travelers should make it sure that they have both valid H-1B approval paper and valid Advance Parole when they return from the trip. Again, the EAD is not necessary inasmuch as he/she has a valid H-1B approval. However, against the potential change of employment or loss of H-1B jobs, it will be always prudent that one keeps an EAD current all the time. Enjoy your Summer!!
Click to expand...
 
july140 said:
She has valid I-94 until June 2006 which we got last month when we used AP, but its not valid now right.
Click to expand...

I-94 is valid till the date stated on it .. Only thing EAD is not valid.
 
Is it possible to go out like canada or mexico and then reenter using her H4 and then file H1 from her previous H1 employer , so that she will get H1 with COS?
 
hi gurus,
my case MTR/appeal filed on may2,2005
reopened on june 20,2005
no decision as of yet on i140
i485 no news of reopen though MTR was filed for that too.
spouse EAD renewed on july26,2005
h1 expired on aug2,2004
denied on apr2 as per mail.
waht will be the status of me as of today and can we wait even if 180 days have passed since the denial and no news on this .please advice on what next step should be.Becos even if i140 favours us later can we get an RFE on i485 or since case was reopened and had applied for advance paroll in march {no news},we r fine.please shed some light on this case.please reply soon as clock is ticking
 
NO need

july140 said:
Is it possible to go out like canada or mexico and then reenter using her H4 and then file H1 from her previous H1 employer , so that she will get H1 with COS?
Click to expand...

Does she still has H1b from the H1b employee .. If that is the case and if she intends to work for the h1b company ... she is all set..

NO need to go out of the country etc ...

It was the old rule that said -- if on AP -- U can work only on EAD ...
Now -- even if entered with AP .. if one continues with the same h1b employer who filed for h1b ... there is no need to use EAD ...

Good luck
Nadi
 
sp05 said:
hi gurus,
i140 favours us later can we get an RFE on i485 or since case was reopened and had applied for advance paroll in march {no news},we r fine.please shed some light on this case.please reply soon as clock is ticking
Click to expand...
\

As U have appealed --- Ur application for 485 is still alive... As Ur 485 is alive U cannot go out of status ...

The day Ur decision is made about the apeal ~ if negative ~ 180 rules kicks in....


180 day never kicks in until -- 1-94 is valid and U have pending 485 approval.

Good luck
Nadi
 
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