cyb_victim said:I am another victim of this comp - received rejections on all my applications. They are now with holding my pay stubs for last 2 months denying me the option to have a clean H1 transfer. 'Good samaritan' of this thread already suggested that i can still apply for a transfer - only catch is that i wont be getting a new i94 with out leaving the country. Is there anyone else in this boat?
NewVictim2005 said:I was told that they give visa only for people who are currently maintaining status in US. If out-of-status, they will not give visa and will ask to go to home country. In that case you will not be able to come back to US, you have to go to India from there.
dyingforgc said:If she is leaving country before your new H1-B approval, as you said you can send new approval in mail to her before she comes back. She already has valid stamp but if your previous employer has cancelled your H1 (so has H4), that could create a problem at POE. Personally, I wouldn't take this chance.
Yes, she is out of status from the day she received denial. However don't get panic to get stamp in her passport to convert back to H4 as 245(k) covers her for less than 180 days. But its advisable to do it sooner than later. don't jus rush before your H1-B transfer is approved.
First of all my suggestion would be remove If's & but's, ofcourse suppose. Many hypothetical situation may not happen, so dont worry too much.zamq said:rightnow i am working on EAD and no H1, 7th year H1 got expired on April 2005 and No H1/H4 now
suppose i get any preapproved labor and applied H1 for that Labor,if they approve H1 for 8th year withour I-94 then how can i work?
UN gave good points regarding this, but the company who wants to give pre approved labor wants me to be in H1 status instead of EAD, dont know what to do
NewVictim2005 said:245(k) is useful to file AOS(I485) with in US if you stayed out-of-status/worked unauthorised/illegal stay for less than 6 months from the date of last entry. Its not relevant in this case. Basically we should avoid or minimize the stay in out-of-status/illegal/unauthorized work because visa problems will be there later at consulate offices and there is risk of deportation proceedings.
Kishore_l said:First of all my suggestion would be remove If's & but's, ofcourse suppose. Many hypothetical situation may not happen, so dont worry too much.
Secondly....lets assume
your Original I 94 expired in Apr 2005
Lost AOS in Sep 30th 2005
Applied for H1 on OCT 10th with another company
Scenario 1 : H1 approved with I 94. No issues.....USCIS has forgiven. Get atleast 4 paystubs before travelling or stamping
Scenario 2: H1 approved with NO I94. USCIS has forgiven......but doesn't authorize you to travel without stamping from home country. Get atleast 4 paystubs before travelling or stamping. I would not go to Canada / Mexico.......as I would feel more comfortable going to the home country even if something worse happens.
H1/H4 stamping denied in Indian consulate is mostly if the company is too small (may go for through scrutiny) or blacklisted or criminal record on the applicant or paid too low wages or haven't filed taxes or illegal status for extended period of time...etc.
Not true. with approved I-797, you are approved for H1 status.NewVictim2005 said:Scenario 2: If there is no I94 with the approval notice means, you were not granted the H1 status.
Stamping has no value. Only document matters, is I-94. you are contradicting things.If you have valid H1 stamp, you need not go for stamping, otherwise you need to go to consulate office.
Kishore_l said:First of all my suggestion would be remove If's & but's, ofcourse suppose. Many hypothetical situation may not happen, so dont worry too much.
Secondly....lets assume
your Original I 94 expired in Apr 2005
Lost AOS in Sep 30th 2005
Applied for H1 on OCT 10th with another company
Scenario 1 : H1 approved with I 94. No issues.....USCIS has forgiven. Get atleast 4 paystubs before travelling or stamping
Scenario 2: H1 approved with NO I94. USCIS has forgiven......but doesn't authorize you to travel without stamping from home country. Get atleast 4 paystubs before travelling or stamping. I would not go to Canada / Mexico.......as I would feel more comfortable going to the home country even if something worse happens.
H1/H4 stamping denied in Indian consulate is mostly if the company is too small (may go for through scrutiny) or blacklisted or criminal record on the applicant or paid too low wages or haven't filed taxes or illegal status for extended period of time...etc.
Cyber_Victim200 said:Kishore,
Correct me if wrong..
Scenario 2: H1 approved with NO I94. USCIS has forgiven,
My understanding is in this case the beneficiary need to go out of US for a stamping before legally start working.
I agree with you, but am not sure...if you need to travel "BEFORE" start working. Unless 797c approval notice specifically ask you to stamp it before working then you need to else you can do it at your convenience. Call Local / VSC center and ask them the question. I won't even rely on the attorney's as they are so dumb. Or ask UN / JK / PARLAY / ERICS/ others who have gone through it or know betterdyingforgc said:Your understanding is correct. you need to get I-94 before starting work.
Hey UN..........I still don't see a reason how USCIS would figure out if one has used EAD (especially H4) if I94 is unexpiried during the work period (Use of EAD). Other than Tax returns, USCIS doesn't have a clue about it. For a very few people, USCIS has asked for individual tax return during their 485 adjustment.unitednations said:Kishore, careful
Once you use EAD, the h-1, h-4 is toast
If you entered on AP, and you work with h-1 employer, you can extend status without leaving the country.
This was all covered in Cronin memo. EAD use invalidates h-1, h-4. Use of AP does not invalidate it.
Yes, USCIS will not know if one used EAD. However, in future applications, h-1, h-4, 140, labor cert., biographical information, tax returns, the information will be there for USCIS to figure out that you worked with a company other then h-1 or you violated h-4.
It is better to go out and come back on h-4 if one used ead.
If you have an unexpired I-94 card but you used EAD and you want to work back with company whom you still have a valiid h-1 then leave and come back with new I-94 card.
unitednations said:Kishore, careful
Once you use EAD, the h-1, h-4 is toast
If you entered on AP, and you work with h-1 employer, you can extend status without leaving the country.
This was all covered in Cronin memo. EAD use invalidates h-1, h-4. Use of AP does not invalidate it.
Yes, USCIS will not know if one used EAD. However, in future applications, h-1, h-4, 140, labor cert., biographical information, tax returns, the information will be there for USCIS to figure out that you worked with a company other then h-1 or you violated h-4.
It is better to go out and come back on h-4 if one used ead.
If you have an unexpired I-94 card but you used EAD and you want to work back with company whom you still have a valiid h-1 then leave and come back with new I-94 card.
Kishore_l said:New Victim,
My understanding is EAD is a privellege of AOS, EAD is not a status. If your AOS staus is denied, then you lose all the privelleges coming along with that. But If you have unexpired I94...You are Perfectly fine. First of all, INS doesn't monitor when you are switching from EAD to H4 and back forth. Its near to impossible to track all those changes.
As UN has mentioned earlier, unexpired I94 is the mask. If you used your EAD while your I94 is not expired, USCIS will not know. At this point, they do not have the a system to connect INS & IRS (to check with your W9). To determine your legal stay, USCIS will be looking for a gap between I94 and if the gap is filled by AOS, you should be fine or if there is no gap then you don't have to worry.
unitednations said:Kishore, careful
Once you use EAD, the h-1, h-4 is toast
If you entered on AP, and you work with h-1 employer, you can extend status without leaving the country.
This was all covered in Cronin memo. EAD use invalidates h-1, h-4. Use of AP does not invalidate it.
Yes, USCIS will not know if one used EAD. However, in future applications, h-1, h-4, 140, labor cert., biographical information, tax returns, the information will be there for USCIS to figure out that you worked with a company other then h-1 or you violated h-4.
It is better to go out and come back on h-4 if one used ead.
If you have an unexpired I-94 card but you used EAD and you want to work back with company whom you still have a valiid h-1 then leave and come back with new I-94 card.
Yes. with receipt of H1 application, you legally can work.hurricane345 said:Hi
H1 pending thru cyber(long time)
485 denied sept last week.
No H1.No I-194(expired 5 months back)
Applied new H1 10 days back thru diff company
Can i work on h1 receipt thru this company.
which category you are filing I-140 with retrogression?hurricane345 said:planing to file 140 next week with some old Lc thru diff company.
since you already filed your H1 transfer thru another company, you are in good shape and legally can start working thru this new company. where are you confused?hurricane345 said:planing to file H1 also gaing thru this company using this 140 receipt.
what are my best options in this scenorio
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Cyber_Victim200 said:But the problem is no appointments are available in any consulate in India till first of Jan ,06.
Any suggestions?
----------------------------------------------------------------dyingforgc said:Yes. with receipt of H1 application, you legally can work.
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which category you are filing I-140 with retrogression?
since you already filed your H1 transfer thru another company, you are in good shape and legally can start working thru this new company. where are you confused?