NEW THREAD FOR 420 -CSOFT-NJ based company

RE-H1 Stamping outside US for AOS

Many Thanks,UN You are rendering a Yeomen service
in the age of multiple N and C's.


unitednations said:
you can get the appointment pretty fast. I know people who got it within three weeks.


Update on Emergency Appointments at the U.S. Consulate, Chennai

As reported to MurthyDotCom and MurthyBulletin readers on August 26, 2005 in the article entitled, NIV Appointment Procedures Update at Certain Consulates in India, the Chennai Consulate does not allow modification of appointments in an effort to curb misuse of this feature. Subsequently, we have learned that the Consulate has provisions for making urgent appointments. This should alleviate the very long wait for interview appointments for genuine emergency visa applicants. The U.S. Consulate in Chennai was kind enough to respond to our request for information on the procedures for emergency appointments, for the benefit of our readers.

Steps and Criteria for Emergency Appointments

One schedules an appointment through TTServices online. After supplying personal data, one is directed to a page with the following information. A visa applicant who fulfills any of the criteria qualifies for an appointment on an emergency basis.

Medical Care : The purpose of travel is to obtain emergency medical care or to accompany a relative or employer for emergency medical care.

Funeral / Death : The applicant wishes to attend the funeral of an immediate family member in the United States.

Note If you have an emergency need to travel within the next three days due to hospitalization or death in the family, you may contact the consular section by eMail <ChennaiNIV@state.gov> to arrange an immediate interview.

Business : The purpose of travel is to attend to an unforeseeable business matter and the applicant can present a letter from the firm in the U.S. confirming the appointment.

Students : Bona fide student or exchange visitor with valid form I-20 or DS-2019, who is within 90 days of her/his start date, as indicated on the form.

Returning Workers : H or L visa renewal for an applicant who is already working in the U.S. and is returning to his/her job.

Other : Situations in which a delay in travel will result in a significant loss or expense for the applicant (loss need not be solely financial).

One who qualifies under any of these criterion is taken to another screen, verifying that s/he has not been refused a visa within the last year, OR if s/he is a student applying for a student visa and has not been refused within the last six months AND if s/he is a current resident of southern states of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka, Lakshadweep Islands and Pondicherry. If both of these criteria are fulfilled, the next step informs the applicant of the appropriate supporting document for the category selected. Next the applicant is directed to the calendar to select the date. This completes the process! Indications are that, as of the time of this writing, appointments are available within a few weeks for persons fulfilling the criteria.

Everyone wanting a visa stamping would think that s/he qualifies under one of the above categories. We urge applicants to diligently determine their genuine qualifications for the category specified and their abilities to substantiate claims with appropriate supporting documents.

We will report further updates on this very important subject.
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hurricane345 said:
Hi

H1 pending thru cyber(long time)
485 denied sept last week.
Used EAD and worked for Cyber
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.
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planing to file 140 next week with some old Lc thru diff company.
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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Click to expand...

If you are in current H1 status, you can work using new H1 petition receipt notice.
 
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Tammy / UN / Parlay Help Please !

Tammy / UN / Parlay & Other seniors, I am still confused by reading all these messages related to Travelling OUT of country. Please help me to understand more about this.


I am planning to travel to India and here is My case details.
1) Having H1 with previous employer until Mid next year (Not sure this H1 has been cancelled or not , but previous employer said he had already cancelled it in 2004. But still message says APPROVED)
2) Having valid visa stamped until Mid next year with Previous employer's H1
3) I know, we can travel out of country with valid visa stamed with previuos employer , but in my case previous employer says he cancelled H1 visa.

Question: Is this stamping still valid to travel OUT of country (India)? or DO I need to get stamped in INDIA with my present Employer's H1 (CS) ? Please suggest.
 
hurricane345 said:
Hi

H1 pending thru cyber(long time)
485 denied sept last week.
Used EAD and worked for Cyber
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.
-------------------------------------------------------------------
planing to file 140 next week with some old Lc thru diff company.
planing to file H1 also gaing thru this company using this 140 receipt.
what are my best options in this scenorio
--------------------------------------------------------------------
Click to expand...

No you cannot start working. This is only possible if you are currently on H1.
 
UN /Someone pls advise - URGENT!

My wife worked on EAD but I never.

My previous emplyer never cancelled the H1 which is valid till next year, so planning to go back to same employer.

Do I need to transfer H1 from csoft to old or I can simply start with my old emp based on valid H1?

Also, would that mean my wife's status can be retained to H4 automatically i.e. if I join the previous emp. I never tranferred my wife's H4 to csoft?

Pls advise ASAP!!
 
unitednations said:
employer doesn't cancel "visa stamp", they cancel h-1. If you have a visa stamp from an h-1 with a different employer, it is still good to get an I-94 card at the port of entry with a different h-1.

If you get an h-1 approval from a different company without an I-94 card and you have to go outside the country, you will not need a new visa stamp, that visa stamp is still good to get another I-94 card.

At this point, I think we have covered every scenario. Now, it is upto you all to make it work/happen with your respective attorney's. At least you will know the questions to ask to get the correct answers.
Click to expand...

Thanks UN ! It makes sense.

I have new H1 & I 94 until Mid 2006 and that is valid until my visa was stamped with my previous H1 .
 
gchelpme said:
My wife worked on EAD but I never.

My previous emplyer never cancelled the H1 which is valid till next year, so planning to go back to same employer.

Do I need to transfer H1 from csoft to old or I can simply start with my old emp based on valid H1?

Also, would that mean my wife's status can be retained to H4 automatically i.e. if I join the previous emp. I never tranferred my wife's H4 to csoft?

Pls advise ASAP!!
Click to expand...

Have you checked UN's postings regarding EAD to H4 status. Also please check previous posts before asking questions.
 
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what attorney say?

Dude - i read un's comment but he is NOT an attorney. My attorney says, if previous H4 is still valid and visa is stamped (which is in my case) then it is ok for wife to get back on H4 even though she worked on EAD. This is what is confusing? I can understand if H4 was not stamped then what UN says makes sense...
 
gchelpme said:
Dude - i read un's comment but he is NOT an attorney. My attorney says, if previous H4 is still valid and visa is stamped (which is in my case) then it is ok for wife to get back on H4 even though she worked on EAD. This is what is confusing? I can understand if H4 was not stamped then what UN says makes sense...
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If she has valid visa stamp, she need not go for stamping again. But she need to go out of country and come back with new I94. Recheck with your attorney again. He might mean that its easy to get back to H4 because she can goto Canada/Mexico one day and comeback.
None of us in the forum has better knowledge than UN/Tammy2.
 
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How many days from EAD to H4

Someone in the forum mentioned - one can go out and change to H4 (from EAD) with in 180 days. Is that true? or should it be immediate? please confirm.

Also, can I simply go back to old valid H1 or I will have to file transfer to old employee.
 
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gchelpme said:
Someone in the forum mentioned - one can go out and change to H4 (from EAD) with in 180 days. Is that true? or should it be immediate? please confirm.

Also, can I simply go back to old valid H1 or I will have to file transfer to old employee.
Click to expand...

Visa stamp is useful only to board the flight and enter the country. I94 is the one which determines your status. So if you are in US, you need not worry about visa stamp. Even if it is expired you have no problem, as long as you have valid I94. But valid visa is needed again if you go out and wants to come back.
If you stay illegally for more than 180 days and leave, then you will not be allowed to enter into US for 3 years. If its 1 year then 10 years bar is there. So some people think that its ok to stay upto 6 months illegally. But it has consequences like visa problems at consulate offices, subject to deportation proceedings etc.
It might be better to go out and come back ASAP so that you will not accrue unlawful presence. I am not attorney. So PLEASE TAKE ATTORNEY'S ADVISE.

Regarding your 2nd question, I dont have much knowledge on that.
 
I am also a victim of labor scam with different company. My H1 (7th year extension) is expired in may 2005, since then we (myself and wife) are using EAD. We got notified by our attorney that our 140 and 485 are denied( on 09/16 and we never received denial notice from the attorney or company or USCIS). Mean while I applied another 140 and 485 in Vermont on 09/30 and waiting for new EAD. Now my questions are

1. Can we continue to work as we did not receive any information from USCIS regarding our previous 485?

2.For my previous pre approved labor I paid some amount by giving my personal cheque, Can I file a case against that company using this as evidence?

Any help is greatly appriciated
 
gchelpme said:
So all one needs is a new I94 and nothing else - though logic is not clear to me.
Click to expand...

The logic is when you are on H4, you are not supposed to work. But when you are using EAD, you are using the status given on the basis of pending I485. EAD is only work authorization. To use it you need to have another status. That status is given by attorney general for the people whose I485 is pending. It means you are no more in H4 status. To come back to H4 you need to go out of country and comeback using the H4 stamp with I94 issued with H4 status.

Please see the below Q & A

My husband filed concurrent I-140/ I-485 application in EB-2 category. I filed the same as the accompanying spouse. We are Chinese and currently EB-2 visa number is retrogressed to 2000. My husband's I-140 petition has yet to be approved. As I see it, my husband's employer business has been suffering bad, and we are scared to death to read your Q&A posting on this issue, not knowing what would happen if the I-140 is denied on the issue of financial ability to pay. I was H-4 but have switched to EAD for employment. I have been working earning a substantial income using EAD. However, against the risk that I will face once my husband's I-140 is denied, I want to change my status from EAD to H-4 without leaving the country. My husband has been maintaining a valid H-1B status. Can I do that? A: Once a H-4 alien starts employment using EAD, the alien loses H-4 visa status and such alien is not considered in any nonimmigrant status. However, pending adjudication of I-485 application, the alien is considered "authorized to stay," and remain legal. Authorization of stay is distinguished from 'nonimmigrant status' and under the immigration law, and an alien without in a valid nonimmigrant status is not allowed to apply for change of status in the U.S. In fact, you are considered not in a nonimmigrant category, and you cannot file an application to obtain any nonimmigrant status, including H-4, within the United States. In order to regain H-4 status, you will have to leave and return with a new I-94 in H-4 classification at the airport. This is possible only if you have a valid H-4 visa stamp in your passport and your husband still maintains a valid H-1B status. If your H-4 visa has expired, you will have to apply for the renewal of H-4 visa stamp in your passport to return to the U.S. in H-4 visa status. If you are successful in this, you will be safe even if your husband's I-140 petition is denied. You should, however, never leave the country if you are subject to either 3-year bar or 10-year bar.
 
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LaborScamVictim said:
I am also a victim of labor scam with different company. My H1 (7th year extension) is expired in may 2005, since then we (myself and wife) are using EAD. We got notified by our attorney that our 140 and 485 are denied( on 09/16 and we never received denial notice from the attorney or company or USCIS). Mean while I applied another 140 and 485 in Vermont on 09/30 and waiting for new EAD. Now my questions are

1. Can we continue to work as we did not receive any information from USCIS regarding our previous 485?

2.For my previous pre approved labor I paid some amount by giving my personal cheque, Can I file a case against that company using this as evidence?

Any help is greatly appriciated
Click to expand...

Ask your attorney to fax copy of your denials. Unless you didn't specify your address while filling up I-485, its not possible to not to reach you. Or you changed your address that may have caused this. In any case, you can ask attorney to fax denial copies to you. If its already denied then NO, you can't work legally but since you already have applied for another I-485s hopefully you should get new EAD before 180 days so you would be protected with 245(k) for being out of status, unauthorized work.
 
UN / Tammy / Parlay - I got this from Murthy chat session. Is it TRUE !! Please comment on this!

Chat User : Murthy ji, I have six months left of my six years on H1B. If I get an approved LC under PERM in the six months, will I be eligible to apply for a 7th-year extension?

Attorney Murthy : No, not even a PERM approval will help a person to file for a one-year or 3- year H1B extension since one is not allowed to stay on in the U.S. unless s/he can file the I-485 with the EAD and AP. This is no longer possible as long as the dates are retrogressed. One possibility is to travel abroad for a few months by setting aside some time on the H1B and then filing, for example, a three-month H1B extension with the balance of the 1 or 2 months left on the H1B full 6 years. There is no guarantee that it will all work out if the person had not filed the LC at least a year earlier, but at least one could plan
 
Thanks UN!

Really you are so great ! Thanks for all your suggestions. I appreciate all your help on this forum.
 
gchelpme said:
Dude - i read un's comment but he is NOT an attorney. My attorney says, if previous H4 is still valid and visa is stamped (which is in my case) then it is ok for wife to get back on H4 even though she worked on EAD. This is what is confusing? I can understand if H4 was not stamped then what UN says makes sense...
Click to expand...

Ask the attorney what is current status he is going to put on I-539 for H4. Can we put Pending AOS since H4 dependent is using EAD?
 
Thank you dyingforgc. I already talked to my attorney and she is not willing to provide me the details (as she got instructions from the company not to reveal any details). 485 should have my current address and I didn't receive any information. Is there any way I can able to find why my 140 got denied?
 
LaborScamVictim said:
Thank you dyingforgc. I already talked to my attorney and she is not willing to provide me the details (as she got instructions from the company not to reveal any details). 485 should have my current address and I didn't receive any information. Is there any way I can able to find why my 140 got denied?
Click to expand...

You can hire your own attorney. have him file G-28 form. he/she should be able to get details on your deniad I-140,I-485. It becomes important for you to find your application is really denied at first place or some gimmics by your employer.

Another way is get an appointment with local USCIS office in your area with info pass and try there to get info. on your applications from there. You also can try over the phone by calling 1-800 number but I its not guaranteed that customer representative will transfer to immigration officer. If she/he does then you should be able to find.
 
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