NEW THREAD FOR 420 -CSOFT-NJ based company

NewVictim2005 said:
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.

Any time in the illegal stay if an INS officer finds that you are out-of-status/staying illegally, he will initiate deportation proceedings.
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Yes. I know about it and much agreed. It also doesn't mean that if you are planning to file another 485 in near future (less than 180 days time), you can stay illegally or out-of-status.
 
byebyegc,
I don't think you/your friend has an option to file for 8th year extension. the 7th year extension was given based on the pending labor which is cancelled or going to be cancelled. The remaining time in 7th year is unfortunately null and void as soon as your labor is cancelled/denied. In the Yates memo it was mentioned that an extension can also be obtained based only on approved labor (Approval of I140 is not ncessary in this case) but the labor is supposed to be older than 365 days.... :rolleyes: If thats true than filing labor through AA is not an option either...
 
dyingforgc said:
Yes. I know about it and much agreed. It also doesn't mean that if you are planning to file another 485 in near future (less than 180 days time), you can stay illegally or out-of-status.
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I dont think anybody in this thread can file I485 within 6 months with the current retrogression. Even the schedule A EB3 is anticipated to be retrogressed soon.
 
Thanks GCTARGET06.
My employer took employees extentions 7 or 8th years (applied 6 months before expirations of existing H1s) based on pending labor petitions over 1 yr in premium processing. After receiving the approvals He cancelled all Labor petitions to start PERM process.

He contacted and discussed with R***K***

Comments please.......


gctarget06 said:
byebyegc,
I don't think you/your friend has an option to file for 8th year extension. the 7th year extension was given based on the pending labor which is cancelled or going to be cancelled. The remaining time in 7th year is unfortunately null and void as soon as your labor is cancelled/denied. In the Yates memo it was mentioned that an extension can also be obtained based only on approved labor (Approval of I140 is not ncessary in this case) but the labor is supposed to be older than 365 days.... :rolleyes: If thats true than filing labor through AA is not an option either...
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copies of NOID and NOIR posted on yahoo group today, check it out and read yourself, what was the content of denial/revokation letter sent to CST.
 
bybyegc,
I am not sure if I understood you correctly when you stated "My employer" ? are you referring C** here ? anyways, if your employer applied through PERM by withdrawing older applications then I think you should still be carrying your PD which is older than 365 days...?
 
NewVictim2005 said:
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.
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Yes 245(k) covers you upto 180 days.
The problem is that you cannot apply for I-485 while you are out of status. As mentioned in the earlier posts there were rejection because of applying the I-485 immediately after rejection.
If your I-94 is expired even for less then 180 days just reenter US before applying for I-485 with clean slate.
 
hi gctarget06,

I referred previously my frinds case.

What my employer did, He applied my labor in 2004, got 7th yr extention based on pending labor petition. He got 8th yr extention in september based on pending labor and applied 6 months before 7th yr H1 expiration. After 8th yr approval, he cancelled pending labor petition.
Now he is planning to start my labor through PERM.
Can I now change employer using 8th yr extention with Cancelled Labor petition?

Thanks

gctarget06 said:
bybyegc,
I am not sure if I understood you correctly when you stated "My employer" ? are you referring C** here ? anyways, if your employer applied through PERM by withdrawing older applications then I think you should still be carrying your PD which is older than 365 days...?
Click to expand...
 
Need Help...

Hi,

We (me and my Husband) worked on EAD till now.
Last Week i got the Denial notification and i stoped working.My husband didn't had H1 processing through this company. He started working for his previous employer (expecting his denial very soon),who is having valid H1 till ,2006 May.

Do we both need to go out to have New I 94(currently having unexpired I94 till May '06 on both H1 and H4).Our visa stamping expired on May 2005.Can Auto revalidation works in our matter.

Planning to go India,for visa stamping after the 7 th year extention in early 2006.

I went through all previous postings...but i saw in major cases,the victims have H1 processed through this company.

Please advise...
 
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byebyeGC,
I now see where you are coming from.... :D you better check this one out with the attorney and find out and enlighten us with that info. as well. :)
 
Friends, Becareful while talking to N*** if he calls

There was aa email from K saying N and Attorney will call to FIND OUT SOLUTIONS!!!!!!!!!!!!! FOR those affected.

They may be traping you by recording your telecon, just be carefull.
Don't ever dream even in dreams that N*** can think of others problems!!!!
 
mithragc said:
There was aa email from K saying N and Attorney will call to HIDE OUT SOLUTIONS!!!!!!!!!!!!! FROM those affected.

They may be traping you by recording your telecon - Illegal, just be carefull.
Don't ever dream even in dreams that N*** can think of others problems!!!!
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I was working in a company A. I was a permanent employee there. They filed green card from that company in newyork in 2001. I got 7 th year extension from that company. In 2003 they laid me off. From then I dont know anyhting about my labor. Then I joined C* company. Got 140 ,EAD approvals and recently denials. I was on EAD.I dont have H1. Now can I use the newyork labor and get 9th year extension? Is it possible.Please give me some suggestions.
 
As far as I know You can use your Newyork labor for 8 or 9 th year extention as long as your newyork employer is ready to give that not cancelled or revoked labor petition proof. You can go back to that newyork employer or you can transfer your H1 to new employer. But USCIS will not give you I-94, so that you have to go out of US and come back with NEW I-94.

This is my knowledge. Please check with a good immigration Attorney.
 
mithragc said:
They may be traping you by recording your telecon, just be carefull.
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As far I know, in the states of NY and NJ it's illegal to record conversation without other side's consent.
 
Can anyone suggest how to take appointment in Candidan embassy for going to Canada.
I need to go to Canada to get back to h4 status.
 
ducklin05 said:
Can anyone suggest how to take appointment in Candidan embassy for going to Canada.
I need to go to Canada to get back to h4 status.
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do you have stamp already in your passport? regardless, you can use "Auto Revalidation" rule. go and come back with your valid I-797 and I-94. No need to get passport stamped. If you have it already stamp then fine but even if you don't, no worries.
 
My passport is stamped and i have valid I 94 untill next year.But just to go to canada and come back , i dont need a candadian tourist visa? If yes how can i take appt ?
 
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