H1B 7th year extension with complication

great guru said:
Attorney is correct. First of all you must check in white & black, whether your LC are ever filed and have PD letter. If you do not see it from your own eyes, what ever the recommendation we give based on pending LC holds no water. And your status is in a great risk.
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Thanks again for all your help. I talked to both lawyer and both of them still stick with their conflicting ideas. So I am having hard decision who to trust. I am tryign to gather as much info before i make the decision. I have asked my previous employer to send email to the h1b7yr@phi.dflc.us and waiting to hear back from them. Any idea how long do they take to response such mail?
 
yogkc said:
They handed her paper stating Section 212(a)(6) c- presented fraudulent documents

They told her that she had fraudulent paper (10+2 certificate) when she applied for F1 (a year ago) She showed them the original paper and they are still insisted its fraudulent paper. She has appointment on Wednesday where she is going to verify her 10+2 certificate and after that she will call the embassy for next appointment. This thing doesn’t make sense to me. She is studying BBS (Bachelor) with the same documents. Can we ask embassy where they called to verify the documents?

The thing I don’t understand is that she is applying for H4 visa this time and why would they check her previous application. Any help would be appreciated.

My wife says she is confident she can prove them wrong on this matter. Let’s see what happens.
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If you give any wrong declaration to US embassy - statement (suppose you have brother in US and you say NO) , documents, certificates etc, it will go in to record, it will affect your entry to US (on any Visa) . They can deny any visa including your green card on that base. So one should be very very careful while declaring something.

Your case (certificate) may be genuine, but what triggered them that the certificate is bogus.

There were incidents in Kerala, India, people those were failed in +2 exams were studied MBBS with fraud certificates and caught in the final years. So your arguments does not fit in to that context. However , the responsibility lies on yor shoulder to prove the certificates are genuine.
 
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yogkc said:
Thanks again for all your help. I talked to both lawyer and both of them still stick with their conflicting ideas. So I am having hard decision who to trust. I am tryign to gather as much info before i make the decision. I have asked my previous employer to send email to the h1b7yr@phi.dflc.us and waiting to hear back from them. Any idea how long do they take to response such mail?
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Some people experienced even 3 months in this forum.
 
great guru said:
Attorney is correct. First of all you must check in white & black, whether your LC are ever filed and have PD letter. If you do not see it from your own eyes, what ever the recommendation we give based on pending LC holds no water. And your status is in a great risk.
Click to expand...

I found another forum where they have discussed the case as mine.

Guru can you please tell if the guy is givin gright advice or not? If he is than i don't have to worry else I gotta pack my bag and head to my country. 12 years of hard work all vanished :(

http://immigration-information.com/forums/showthread.php?t=5946

I hope I won't get in trouble posting others website here
 
yogkc said:
I found another forum where they have discussed the case as mine.

Guru can you please tell if the guy is givin gright advice or not? If he is than i don't have to worry else I gotta pack my bag and head to my country. 12 years of hard work all vanished :(

http://immigration-information.com/forums/showthread.php?t=5946

I hope I won't get in trouble posting others website here
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There Nothing discussed, other than what I have posted to you. Now question is , Is there any real LC pending? You do not have +ve answer at this point of time
If there is no LC pending, you are definitely out of status and overstayed and you will be barred for 10 years.

Find out is there any LC filed on your favor.
 
great guru said:
There Nothing discussed, other than what I have posted to you. Now question is , Is there any real LC pending? You do not have +ve answer at this point of time
If there is no LC pending, you are definitely out of status and overstayed and you will be barred for 10 years.

Find out is there any LC filed on your favor.
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Guru, following is the response they sent. what does it mean?

*********************************
This is in response to your inquiry on your pending application for Foreign Labor Employment Certification.

Please note that this email address is to be used to request information for the purpose of indicating to USCIS that a permanent certification case is pending for those aliens who have H1B visas due to expire and require extension. Because of the volume of cases being processed at the Philadelphia Backlog Center, case status information can not be provided for other cases. Also note that replies to this message will not be acknowledged.


Thank you,

The Philadelphia Backlog Elimination Center

H-1B Visa Extension Information Team

***********************************************
 
yogkc said:
Guru, following is the response they sent. what does it mean?

*********************************
This is in response to your inquiry on your pending application for Foreign Labor Employment Certification.

Please note that this email address is to be used to request information for the purpose of indicating to USCIS that a permanent certification case is pending for those aliens who have H1B visas due to expire and require extension. Because of the volume of cases being processed at the Philadelphia Backlog Center, case status information can not be provided for other cases. Also note that replies to this message will not be acknowledged.


Thank you,

The Philadelphia Backlog Elimination Center

H-1B Visa Extension Information Team

***********************************************
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It is a general message, nothing about your LC pending. What about the Postal card )if you would have sent through certified mail you should have got PS Form 3811 green color with EDD signature and date stamp. Check with your attorney.
 
great guru said:
It is a general message, nothing about your LC pending. What about the Postal card )if you would have sent through certified mail you should have got PS Form 3811 green color with EDD signature and date stamp. Check with your attorney.
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Hello guru,

Thanks for all your help. I had to fly to New York (from CA) and asked lawyer to email to the Philadelphia backlog Center in my presence. The lawyer ain’t doing his job and thinking of changing lawyer as well. Will I be able to change the lawyer now? If I can what I need to do for it?

The PA Backlog Center replied back today with following information:

*****************************************
Case Information

ETA Case Number: T-05122-XXXXX Priority Date: 09/09/2002
Processing Type: RIR Case Source: State
Employer Name: ---------- Business Activity:
Occupation Title: Occupation Code:
Rate of Pay: Prevailing Wage:
Alien Name: ----------- Visa Type: H-1B
Nationality or Citizenship:
Case Received Date: 05/02/2005 Processing Center: Philadelphia Backlog Elimination Center
Case Status: Incomplete

*******************************************

It seems this is a proof of my LC. Now should I amend my H1 or apply after the H1 expires on June 07?

Hope to get more suggestions from you. Thanks again.
 
yogkc said:
Hello guru,

Thanks for all your help. I had to fly to New York (from CA) and asked lawyer to email to the Philadelphia backlog Center in my presence. The lawyer ain’t doing his job and thinking of changing lawyer as well. Will I be able to change the lawyer now? If I can what I need to do for it?

The PA Backlog Center replied back today with following information:

*****************************************
Case Information

ETA Case Number: T-05122-XXXXX Priority Date: 09/09/2002
Processing Type: RIR Case Source: State
Employer Name: ---------- Business Activity:
Occupation Title: Occupation Code:
Rate of Pay: Prevailing Wage:
Alien Name: ----------- Visa Type: H-1B
Nationality or Citizenship:
Case Received Date: 05/02/2005 Processing Center: Philadelphia Backlog Elimination Center
Case Status: Incomplete

*******************************************

It seems this is a proof of my LC. Now should I amend my H1 or apply after the H1 expires on June 07?

Hope to get more suggestions from you. Thanks again.
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You can change the attorney at this point of time. If you are in CA, I can recommend one. Not very expensive. If you have copy of your previous H1 applications and apprval and LC BEC letter is more than suffiecent to renew your 7th yr Ha.
 
Thanks Guru for all your help. Finally some sigh of relief. It would be great if I can get info about good lawyers in Los Angeles area.

Do you mean I should wait till June 06 to apply extension or should I amend H1 with 7th year extension now.

Thanks
 
yogkc said:
Thanks Guru for all your help. Finally some sigh of relief. It would be great if I can get info about good lawyers in Los Angeles area.

Do you mean I should wait till June 06 to apply extension or should I amend H1 with 7th year extension now.

Thanks
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I stay in LA .
 
Great guru and others, I need your help on this regard.

After many suggest, I have decided to apply for 7th year extension so I won't have problem with my green card processing. But how much chances is there that they will deny my 7th year extension?

Error is on my part(lawyer asked for 3 year extension when i only had 1 year left for 6th year). What process do I need to do so I won't have problem while filing for 7th year extension?

I am worried that they may deny my 7th year extension hence I will be illeagal. The last thing I want is the company terminate me :(

please help

Many Thanks!!!
 
yogkc said:
Great guru and others, I need your help on this regard.

After many suggest, I have decided to apply for 7th year extension so I won't have problem with my green card processing. But how much chances is there that they will deny my 7th year extension?

Error is on my part(lawyer asked for 3 year extension when i only had 1 year left for 6th year). What process do I need to do so I won't have problem while filing for 7th year extension?

I am worried that they may deny my 7th year extension hence I will be illeagal. The last thing I want is the company terminate me :(

please help

Many Thanks!!!
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During coming Saturday Lunch @ LA (Don't worry I will pay for your lunch too) as agreed by me, I will clear all your questions.
 
great guru, I called you few times and never got response back.

I talked to the Company Attorney and he told me that I could be out of status already (since 6 year was done in March 05)

I am planning to ask him to refile the H1 for 7th year so I can get by few months and I will have a time to prepare sell house and ready to leave to US.

Is there any chance that I would get a visa for H1 (after 1 year) or business visa?

Your suggestions are appreciated.
 
yogkc said:
great guru, I called you few times and never got response back.

I talked to the Company Attorney and he told me that I could be out of status already (since 6 year was done in March 05)

I am planning to ask him to refile the H1 for 7th year so I can get by few months and I will have a time to prepare sell house and ready to leave to US.

Is there any chance that I would get a visa for H1 (after 1 year) or business visa?

Your suggestions are appreciated.
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I did not see any missed call or voice mai. Infact I was waiting for your call Saturday until 1PM.
 
great guru said:
I did not see any missed call or voice mai. Infact I was waiting for your call Saturday until 1PM.
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GreatGuru, it was nice meeting you yesterday and Thanks for your all help. You were very informative and suggestions were very good.

I will try to talk to company attorney and let's see how it goes.

Thanks again.
 
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