NEW THREAD FOR 420 -CSOFT-NJ based company

Re: RFE 7th year H1 B extension

Thanks Pralay for your reply.

If the reply to RFE is not made on time then what can happen ? Will INS reject the H1 B extension application right away ? or is there a grace period before they act on it ?


pralay said:
The H1 petition is not your petition, but your employer's petition. So, by law, you, a beneficiary, cannot act in your own and have a new attorney. Your employer has to do it. The RFE has to be replied by your employer or your employer's attorney. That's the sad part. Bottomline, unless you can get hold of your employer or employer's attorney, you cannot do anything about it.
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uts2004 said:
Hi UnitedNations and other immigration Gurus,

In the last week, I received a call from the lawyer of C*, Mr. Bha that they had received a RFE on my 7th year H1 B extension. I have a fax copy of the RFE with me.

The RFE is because they didn’t pay $ 1500 dollars for the fees on the H1. My question to you all is that the last date to reply for this RFE being 24th Nov.
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Well U can cut a personal check and send it.

But Ur 7th year is based of the pending labor or 485 -- make sure they are on firm grounds -- else if they get terminated so does the 7th year ...

If you have got atleast six months with Ur current H1b .. get a new company to file Ur labor and just after one year U can file for a fresh 7th year.
I said at least 6 months of current H1b as -- U can stay for 6 extra months without raising any flags ... and then when Ur 1 year wait kicks in --- Voila U get a 3 years H1b based off pending labor or 140.
 
uts2004 said:
Thanks Pralay for your reply.

If the reply to RFE is not made on time then what can happen ? Will INS reject the H1 B extension application right away ? or is there a grace period before they act on it ?
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Yes, if your employer or their attorney does not reply RFE, the H1 extension will be denied. H1 is meant for employers getting foreign worker. If employer does not reply, USCIS will assume that empployer does not want foreign worker.

I am not bit surprised that after all these, you have not tried to transfer your H1 to some other company and still waiting for H1 extension from this very same company. :eek:
 
Re: RFE on 7th year H1 B extension

Since I completed my 6 years in Aug 2005, can I still transfer my H1 B ? I have received mixed responses from different immigration lawyers on this question.

That's the reason I did not transfer my H1 application.

Now, it seems nothing is safe I might as well should try transferring my H1 application to a different employer.

thanks.

pralay said:
Yes, if your employer or their attorney does not reply RFE, the H1 extension will be denied. H1 is meant for employers getting foreign worker. If employer does not reply, USCIS will assume that empployer does not want foreign worker.

I am not bit surprised that after all these, you have not tried to transfer your H1 to some other company and still waiting for H1 extension from this very same company. :eek:
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From EAD to H4

My wife was on H4 originally (stamped till 2006) but she worked on the EAD of this shitty company... now can she just come back to H4 and when she goes to India mid next year (with extended H4) - and get it stamped in India and a fresh I-94.
In that case does she need to go to Canada now for new I-94. Remember her H4 is valid till next yr. Does she have to get a new I-94 with in 180 days or she is good bcos her H4 is valid till next yr Nov'06... pls advise. thanks!
 
Transfer by premium processing..It should take less than 2 weeks to get aprpoval..I have done it twice and everytime H1 was approved in 3 days time..

uts2004 said:
Since I completed my 6 years in Aug 2005, can I still transfer my H1 B ? I have received mixed responses from different immigration lawyers on this question.

That's the reason I did not transfer my H1 application.

Now, it seems nothing is safe I might as well should try transferring my H1 application to a different employer.

thanks.
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jbond said:
My wife was on H4 originally (stamped till 2006) but she worked on the EAD of this shitty company... now can she just come back to H4 and when she goes to India mid next year (with extended H4) - and get it stamped in India and a fresh I-94.
In that case does she need to go to Canada now for new I-94. Remember her H4 is valid till next yr. Does she have to get a new I-94 with in 180 days or she is good bcos her H4 is valid till next yr Nov'06... pls advise. thanks!
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Once the EAD is used then that's it. there won't be any H4. You need to go out of country to get back to the H4 status. There is no alternate. Once she received the 485 denail, from that time she will be out of status. Needs to leave country ASAP and get back to status. My wife was in the exact situation as your wife and I did the same. Ofcourse she went to India and I want her to be back with my new H1 from the new company which i applied.
 
Do I have 180days

hiUS said:
Once the EAD is used then that's it. there won't be any H4. You need to go out of country to get back to the H4 status. There is no alternate. Once she received the 485 denail, from that time she will be out of status. Needs to leave country ASAP and get back to status. My wife was in the exact situation as your wife and I did the same. Ofcourse she went to India and I want her to be back with my new H1 from the new company which i applied.
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Does all that needs to be done with 180 days and not ASAP as you are saying.
 
ques about Canada

unitednations said:
I posted the cronin memo a few posts back.

Use of EAD kills H status.

If you used EAD but have a valid I-94 card then it is best to go to canada and use auto revalidation so that she will be back on h status.
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Going to Canada by road or air - does it makes any diff. People say by air - is that the only way? But I came to know if visit is less than 30 days then they just put a new date on the existing I-94. Is that true? Pls advise. Or going by road is also ok.
 
Hi Mr United Nations and dear friends,
I did recv paycheck for Sep from C but it was with some new company name and no stub was given. We dont know if our H1 is transferred to the new co. I have 2 questions:

1) I am in talks with a company to transfer my H1 and have told them that I did not recv paycheck for Sep and Oct.I do hv paychecks for Aug. I heard that big companies have some special priveleges to apply for GC. As per them electronic approval comes in 30 min. and the actual paper come in less than a month. Is this true??Also will H1 transfer be a problem since I dont hv Sep,Oct receipts??

2) Can a CompanyA apply for 7th yr extension when another CompanyB has applied for my GC? Note: CompanyA has not applied for my GC but they hold my H1.
 
complain DOL

lostbattle said:
Hi Mr United Nations and dear friends,
I did recv paycheck for Sep from C but it was with some new company name and no stub was given. We dont know if our H1 is transferred to the new co. I have 2 questions:

1) I am in talks with a company to transfer my H1 and have told them that I did not recv paycheck for Sep and Oct.I do hv paychecks for Aug. I heard that big companies have some special priveleges to apply for GC. As per them electronic approval comes in 30 min. and the actual paper come in less than a month. Is this true??Also will H1 transfer be a problem since I dont hv Sep,Oct receipts??

2) Can a CompanyA apply for 7th yr extension when another CompanyB has applied for my GC? Note: CompanyA has not applied for my GC but they hold my H1.
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Best is call DOL/Mike and log a complaint ASAP... that will prove that you are not wrong and something is wrong with the company.
 
gchelpme said:
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Does all that needs to be done with 180 days and not ASAP as you are saying.
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Too may times too many things have been discussed in this thread and in diff. C* threads regarding this issue.
After taking into consideartions all these postings and after consulting my lawyer i came to a conclusion that to be safest it will be best to go out of country ASAP.
 
hiUS said:
Too may times too many things have been discussed in this thread and in diff. C* threads regarding this issue.
After taking into consideartions all these postings and after consulting my lawyer i came to a conclusion that to be safest it will be best to go out of country ASAP.
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You are right.
 
lostbattle said:
I did recv paycheck for Sep from C but it was with some new company name and no stub was given. We dont know if our H1 is transferred to the new co. I have 2 questions:

1) I am in talks with a company to transfer my H1 and have told them that I did not recv paycheck for Sep and Oct.I do hv paychecks for Aug. I heard that big companies have some special priveleges to apply for GC. As per them electronic approval comes in 30 min. and the actual paper come in less than a month. Is this true??Also will H1 transfer be a problem since I dont hv Sep,Oct receipts??
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Lostbattle,

I dont know the answer to your 2nd question, but dont lose the battle, most of us are on the right path, and are almost successful, the battle is only starting now, when we get ourselves stable and N* is already getting close to arrested, we will reclaim everything lost :)
But for the first,
You can use the paycheck from the new company for September. So you have September paycheck. Use it to transfer ASAP. I also did that.
DOL knows about the name change of C*, I came to know when I made a complaint, I dint comlain to the person on the Internet, but to the actual DOL Office. So u can use that paycheck.
Abt Big Companies, they have no special privileges, it takes almost same amount time. I have tried that road as well
 
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lostbattle said:
Hi Mr United Nations and dear friends,
I did recv paycheck for Sep from C but it was with some new company name and no stub was given. We dont know if our H1 is transferred to the new co. I have 2 questions:

1) I am in talks with a company to transfer my H1 and have told them that I did not recv paycheck for Sep and Oct.I do hv paychecks for Aug. I heard that big companies have some special priveleges to apply for GC. As per them electronic approval comes in 30 min. and the actual paper come in less than a month. Is this true??Also will H1 transfer be a problem since I dont hv Sep,Oct receipts??

2) Can a CompanyA apply for 7th yr extension when another CompanyB has applied for my GC? Note: CompanyA has not applied for my GC but they hold my H1.
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1> My wifes H1b -- new one -- was approved within 5 working days. Papers came the next week. Do premium processing ... if U are in hurry ... but I think there nothing to hurry about .. Once U apply for H1b extension or transfer .. U are granted 6 months of free ride ... so a quick approval is good only for new filiers.

2> As far as I know ( check with experts too) ----- Company A cannot apply for 7th year .. Yes Company B can and now they are giving extension for 3 year .. so enjoy.
 
I was in the same situation.Went to canada by air and came back.i was not issued new i 94 and no new date was put.i have i 94 and h4 stamped untill 2006.
 
Do we really need to go to Canada?

ducklin05 said:
I was in the same situation.Went to canada by air and came back.i was not issued new i 94 and no new date was put.i have i 94 and h4 stamped untill 2006.
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See this is what I am asking again and again - it didn't helped you as nothing changed for you; so does that makes sense to go?? I really don't understand the logic of going... may be it is for those whose whose I94 expired. Also, I am filing a fresh I-539 for her H4; do I still need to go?? pls advise!!
 
jbond said:
See this is what I am asking again and again - it didn't helped you as nothing changed for you; so does that makes sense to go?? I really don't understand the logic of going... may be it is for those whose whose I94 expired. Also, I am filing a fresh I-539 for her H4; do I still need to go?? pls advise!!
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Fresh I-539 will not work in your case. I think that works only for transfer of H4 from one company to another company. Your wife ahs used EAD. So the only option is go out of the country.
 
ducklin05 said:
I was in the same situation.Went to canada by air and came back.i was not issued new i 94 and no new date was put.i have i 94 and h4 stamped untill 2006.
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Please let us know whether they entered the new entry date on the back side of I-94. Also whether they entered any info in their records.
Irrespective of that you can use the new entry date in all your future immigration petitions.
 
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