if it is true, all of our 485 will be denied if company lose money

H

hotwinca

Registered Users (C)
This is the mail from my lawyer
***************************************************
Hi, David,

Your H1/H4 expire on 12/31/2003. Please read the following:



Based on recent development of I-485, we strongly recommend you to keep your H-1B status if possible. Almost all of our clients¡¯ recent I-485 applications got RFE (Request for Evidence) which in essence were readjudication of the I-140 applications. In one of these cases, the approved I-140 was revoked due to the company¡¯s having taxable loss after the I-140 approval. Consequently, the I-485 was also denied. In that scenario, the I-485 applicant still has his H-1B, therefore, he could continue to stay in the U.S. under H-1B. Should he not maintain his H-1B, he would have no legal status to stay. Therefore, please contact us when it¡¯s time to renew your H-1B (6 months before it expires).



Please give me a call, if you have any question.

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

Here is my case
Nd Feb.09.2002 wac-02-114

My 2nd ead will expire on July 2004
My company claimed to have the money at least end of year.
 
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Past 180 days, your 140 shouldn't matter. This was expressed by Efren Hernandez in a letter to Aila, .. a letter has no legal weight, but in absence of any AC21 guidance, it's good enough.

But if the company looses all it's money, how will they pay you?
 
Even though my 485 get denied, I can still use the ead to work while get the new h-1, right?

Is it the laywer who are trying to rob money from me by scaring me?:)
 
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1) I have never heard about "RFE (Request for Evidence) which in essence were readjudication of the I-140 applications"

2) If your company have "taxable loss" they will lay you off irrespective to your H1B.

3) I think you lawyer wants to earn money on extension of your H1B.

4) Apply for H1B extension
 
hotwinca

even if your 485 is denied and you have EAD.For new H! you have to leave coountry. B'coz As soon as you 485 is denied, your EAD gets cancelled automatically as per law.
So you have to leave country and goto particular consulate and have you visa stamped for new H1
 
You don't have to leave the country. You can renew you H1 and get the approval notice then stay until the end of your approval. However if you want to go outside the country, you have to stamp a new H1 visa on your passport. By the way, you can even stamp a H1 visa based on approval notice at the department of states in Washington. It takes 6 weeks to be done. After 9-11 some nationals are not able to do that so please check their web site for more details.

In your place, I renew my H1 right away ...
 
:confused: :confused: :confused:
Confused by different opinions ---
Should I renew my h-1 or not?
What is the deadline for me to renew it?

thanks
 
Better to maintain ur H1/H4 status.
U just have to file before ur current H1/H4 expires.
Keep in mind that it takes around 5 months for H approvals.
 
Life with only EAD has two disadvantages.

1 - You always need to worry about expiration of EAD. Have you seen treads below about people who applied for EAD renewal late, or applied on time but didn’t receive any receipt, or spent night near BCIS office waiting for iEAD?

2 - If you are going to travel you must have AP, it’s again time.
 
Originally posted by hotwinca
:confused: :confused: :confused:
Confused by different opinions ---
Should I renew my h-1 or not?
What is the deadline for me to renew it?

thanks
Click to expand...

you ask on a board, you will hear many opinions. I think it is safe (and accepted by all) to say that renewing H1 doesn't hurt - so do it especially if your company is paying.

I would like to know the name of this lawyer or his organization atleast. If you can change your lawyer, why dont you shop?
 
and by the way, it is taking 8 months (non priority EOS) to get H1; you will be allowed to work during the waiting time, but plan ahead.
 
I agree that it takes at least 8 months but you can always go with the premium processing if you are in hurry. With the premium, it takes less than 15 days.

Good luck
 
ALWAYS maintain your H1 if possible. Even after getting EAD etc.
EAD renewal can have gaps in which one can go out of status, if not applied well in advance. H1 approvals will not, if sent before expiration.

One of my colleague's I140 was rejected saying that the company is making losses, and hence I'm going sick with tension.

- nik.
 
Hey,

I tried to tell the samething with my lawyer, and he feels its complete waste of money by applying h1 7th year extension and
i should stay with EAD.

I hope my lawyer is looking after me or not to work more ?

Rgds.
 
I'm not sure if the 7th year H1-B extension is advantageous over EAD. You get the extension based on the LC filing and if the GC process is denied at any stage does that invalidate the H1-B immediately (like EAD is invalidated) or can you stay until the time mentioned in the 7th year H1-B notice?

Gurus any ideas?
 
Here is my lawyer's take on it.. wierd .. :confused:

I have my H-1 expiring in december 2003 and I want to renew my H-1 further since I dont want to be on EAD alone ..

but, my lawyer says that I cant pay the H-1 fees completely and its a BCIS rule that the employer has to pay the entire H-1 fees ..
true ??

(its my company policy not to pay for H-1 when the employee can get EAD)

if this is true, then I might have to ask my employer to pay for it and i will pay my employer ..

--------------
wac02080
 
Eventually,
The company has to pay the $1000 ACWIA fee. This fee is necessary only if it is the first extension (i.e. after the first three years). The other fees (lawyer, application) can be paid by the employee.
Obviously the company has to agree to put up with the administrative expense of posting the LCA etc.
 
I asked my lawyer the same question for extenstion of the H1. I am gong to finish my 1st 3rd year H1. She told me since my 140 was approved and I had crossed 6 months of 485 there was no advantage to be on H1 anymore as I would fall under AC21. Also my company would have to pay for the complete processing charges of the H1...i.e lawyer fees and INS fees.
 
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