NEW THREAD FOR 420 -CSOFT-NJ based company

Visa revalidation

I'm so sorry for all of you who got your 140 and 485 denied. I know about the company you are talking about and I myself had a problem with my status in 2003 when I got my H1 through this stupid company. The president of the company said that it was a typo when he applied for my H1 which changed the whole meaning of my H1 petition. I was on H1 for sometime with this company during sometime in 2003-2004 and after seeing the petition papers, I realized that the petition was totally erroneous and I immediately filed for my H4. I recently applied my 485 and before I apply for it, I was instructed by my lawyer to go out of US and comeback to have a clean entry. I used the automatic visa revalidation. My visa stamping was expired in July 2004. But I has H4 approval which shows through July 2006. I went to Nigara Falls, Canada in July 2005 and came back to US within 4 hours without any problems. Hope this helps.

Thanks.
 
rkj123 said:
I'm so sorry for all of you who got your 140 and 485 denied. I know about the company you are talking about and I myself had a problem with my status in 2003 when I got my H1 through this stupid company. The president of the company said that it was a typo when he applied for my H1 which changed the whole meaning of my H1 petition. I was on H1 for sometime with this company during sometime in 2003-2004 and after seeing the petition papers, I realized that the petition was totally erroneous and I immediately filed for my H4. I recently applied my 485 and before I apply for it, I was instructed by my lawyer to go out of US and comeback to have a clean entry. I used the automatic visa revalidation. My visa stamping was expired in July 2004. But I has H4 approval which shows through July 2006. I went to Nigara Falls, Canada in July 2005 and came back to US within 4 hours without any problems. Hope this helps.

Thanks.
Click to expand...

did you carry any other supporting docs along? or just H4 approval and I-94 attached to it(approval notice)?
 
I carried all of my previous H1s and H4s. But I showed only my passport and recent H4 approval and the officer at US side asked me some questions about my husband's company and where I live and there were no special questions. He didn't ask about my previous approvals. The whole procedure took about 5 minutes.
Thanks.
 
rkj123 said:
I'm so sorry for all of you who got your 140 and 485 denied. I know about the company you are talking about and I myself had a problem with my status in 2003 when I got my H1 through this stupid company. The president of the company said that it was a typo when he applied for my H1 which changed the whole meaning of my H1 petition. I was on H1 for sometime with this company during sometime in 2003-2004 and after seeing the petition papers, I realized that the petition was totally erroneous and I immediately filed for my H4. I recently applied my 485 and before I apply for it, I was instructed by my lawyer to go out of US and comeback to have a clean entry. I used the automatic visa revalidation. My visa stamping was expired in July 2004. But I has H4 approval which shows through July 2006. I went to Nigara Falls, Canada in July 2005 and came back to US within 4 hours without any problems. Hope this helps.

Thanks.
Click to expand...

What kind of errors in H1 petition that changed the meaning of H1?
 
H4 status

i was also on h4 status and used EAD and got Denials now.
UN i have h4 stamped and I 94 uptill 2006 from my husband's previous company.Do i have to go to Canada and get it stamped again or get a new I 94?
I was going through UN's post for quite a while but still confused.
 
NewVictim2005 said:
What kind of errors in H1 petition that changed the meaning of H1?
Click to expand...
He checked a box which was not true and when I asked him about it, he said it's a typo and there was no way that he didn't know about my previous H1s and H4s as I gave him all of my previous petitions.
 
ducklin05 said:
i was also on h4 status and used EAD and got Denials now.
UN i have h4 stamped and I 94 uptill 2006 from my husband's previous company.Do i have to go to Canada and get it stamped again or get a new I 94?
I was going through UN's post for quite a while but still confused.
Click to expand...

Who ever used EAD and got I485 denied, has to go out of country and come back to reinstate non-immigrant status.
 
ducklin05 said:
i was also on h4 status and used EAD and got Denials now.
UN i have h4 stamped and I 94 uptill 2006 from my husband's previous company.Do i have to go to Canada and get it stamped again or get a new I 94?
I was going through UN's post for quite a while but still confused.
Click to expand...

If you have H4 stamped until 2006, NO you don't need to get it stamped again. (How can they stamp it if you already have it stamped). you need to go out of US and come back with new I-94. If you go to canada via road, you won't get new I-94 but going out of country and coming back puts you back in H4 status.
 
Thanks .So you mean i dont need to get new I 94 or shall i ask for it?
one more question do i need to go immediately or is there any period in which i can go.i read somewhere in posts like 180 days.
I willl appreciate any suggestions.
 
Can someone give suggestion?

My friend effected by C*** too. He has different situation now.
He is working for a Client AA since 2 1/2 yrs.
He filed his labor from company BB in 2004. Got 7 yr extention till May,2006. Joined C***, approved H1 visa transfer till May 2006 and got rejected sub-labor as like everyone.
He moved to back to previous Company BB, still working for Client AA.
But in Aug, 2005 Previous employer cancelled his labor petition.
Now Client AA is changing rules for COnsultants can work for 2 yrs only.
He will layoff soon. But Client AA wants to hire him.

Is it possible to transfer 7 yr H1 to different company with cancelled Pending Labor petition?
If yes, How can he move to 8 th year with Client AA? Even they start PERM, It takes 3 months, will apply in Jan, will get approval in Mar, will apply I-140, very small chance of I-140 approval in 2 to 3 months.

Please suggest him what to do NOW?????
 
ducklin05 said:
i was also on h4 status and used EAD and got Denials now.
UN i have h4 stamped and I 94 uptill 2006 from my husband's previous company.Do i have to go to Canada and get it stamped again or get a new I 94?
I was going through UN's post for quite a while but still confused.
Click to expand...

No need of stamping getting new I-94 should reslove the future problems.
 
ducklin05 said:
Thanks .So you mean i dont need to get new I 94 or shall i ask for it?
one more question do i need to go immediately or is there any period in which i can go.i read somewhere in posts like 180 days.
I willl appreciate any suggestions.
Click to expand...

Please see the Q &A below. Its from Attorney Matthew Oh. He is considered to be one of the best attorneys.

Q59: 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.

Its better to go ASAP. You will be accruing out-of-status/illegal stay from the day your I485 got denied. 180 days threshould is only for filing I485 later .
 
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Can someone give suggestion?

My friend effected by C*** too. He has different situation now.
He is working for a Client AA since 2 1/2 yrs.
He filed his labor from company BB in 2004. Got 7 yr extention till May,2006. Joined C***, approved H1 visa transfer till May 2006 and got rejected sub-labor as like everyone.
He moved to back to previous Company BB, still working for Client AA.
But in Aug, 2005 Previous employer cancelled his labor petition.
Now Client AA is changing rules for COnsultants can work for 2 yrs only.
He will layoff soon. But Client AA wants to hire him.

Is it possible to transfer 7 yr H1 to different company with cancelled Pending Labor petition?
If yes, How can he move to 8 th year with Client AA? Even they start PERM, It takes 3 months, will apply in Jan, will get approval in Mar, will apply I-140, very small chance of I-140 approval in 2 to 3 months.

Please suggest him what to do NOW?????
 
Does anyone have copy of I 140 denial? Did anybody get it through Attorney or Is N* giving it?
Is there anyway we can get it fast from USCIS or can attorney request for it?
 
Please answer guys

I got one question:

I am 'C' victim.

My wife is working on EAD and has valid H4 visa stamp untill MArch 2006.

Like everybody her 485 denied.

We moved to new company and got approved NEW H4 & H1 transfer by premimum processing.she has already valid visa stamp and New H4 visa approval from new company which i started

She need new visa stamp on her passport? or She just go out of conuntry and comeback?

I have another 15 months of visa period left on my H1B visa.But, we filed new 485 before sept'30th on EB2.
 
NewVictim2005 said:
Please see the Q &A below. Its from Attorney Matthew Oh. He is considered to be one of the best attorneys.

Its better to go ASAP. You will be accruing out-of-status/illegal stay from the day your I485 got denied. 180 days threshould is only for filing I485 later .
Click to expand...

what did he mean by above 180 days clause? I thought 245(k) covers if you are out-of-status for less than 180 days. I didn't understand what he meant by above statement for 180 days. could someone clarify?
 
blocklisted200 said:
I got one question:

I am 'C' victim.

My wife is working on EAD and has valid H4 visa stamp untill MArch 2006.

Like everybody her 485 denied.

We moved to new company and got approved NEW H4 & H1 transfer by premimum processing.she has already valid visa stamp and New H4 visa approval from new company which i started

She need new visa stamp on her passport? or She just go out of conuntry and comeback?

I have another 15 months of visa period left on my H1B visa.But, we filed new 485 before sept'30th on EB2.
Click to expand...


read past few pages of this thread. she doesn't need stamping. send her out of country and have her come back. that's all she needs to do.
 
dyingforgc said:
what did he mean by above 180 days clause? I thought 245(k) covers if you are out-of-status for less than 180 days. I didn't understand what he meant by above statement for 180 days. could someone clarify?
Click to expand...

245(k) will allow you to file AOS(I485) within US if you stayed out-of-status/Illegal work/Illegal stay for 6 months or less from last entry. If you cross 6 months you cant file adjustment of status in US.
There is no rule that says you can stay 6 months out-of-status/illegally. If you stay for less than 6 months illegally, there should not be any problem while reentering. But if you need to go for visa stamping there can be problem. So the lesser the out-of-status/illegal stay, the better.

Any time in the illegal stay if an INS officer finds that you are out-of-status/staying illegally, he will initiate deportation proceedings.
 
Last edited by a moderator:
Can someone give suggestion?

My friend effected by C*** too. He has different situation now.
He is working for a Client AA since 2 1/2 yrs.
He filed his labor from company BB in 2004. Got 7 yr extention till May,2006. Joined C***, approved H1 visa transfer till May 2006 and got rejected sub-labor as like everyone.
He moved to back to previous Company BB, still working for Client AA.
But in Aug, 2005 Previous employer cancelled his labor petition.
Now Client AA is changing rules for COnsultants can work for 2 yrs only.
He will layoff soon. But Client AA wants to hire him.

Is it possible to transfer 7 yr H1 to different company with cancelled Pending Labor petition?
If yes, How can he move to 8 th year with Client AA? Even they start PERM, It takes 3 months, will apply in Jan, will get approval in Mar, will apply I-140, very small chance of I-140 approval in 2 to 3 months.

Please suggest him what to do NOW?????
 
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