lostbattle said:Mr United Nation,
Please reply to my question:
Q) 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.
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!!
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!!
lostbattle said:Hi nEWviCTIM2005,
ISnt it 60-90 days prior to H1 expires as per PERM rules?? or it still should be 365 days prior to H1 expires ??
It indicates that even if it was used for some one else that was revoked properly.Shloka said:If a company has a copy of/ orginal labor does tht mean it has never been used?
tammy2 said:Since your wife used the EAD she lost her H4 status. So you are applying I-539 not for extension of status but change of status from Pending AOS to H4. Are you mentioning that on your I-539 application? You need to mention her current status as Pending AOS.
If you are not mentioning that It would cause lying under oath.
Other one is she is out of status since the day your I-485 is denied. If this status thing goes for more then 180 days she will be subjected three years of bar at least and if you apply I-485 without status it is deniable.
jbond said:Many thanks Tammy for your input - we are almost on the same page; I asked my attorney to pick up the choice of Change in status in I539 and then in the subsequent section in part 3 of 539, ask for extension up to the date of validity of my H1... I think once I do that with in 45 - 60 days of denial I should be ok. Then when she goes to India later next yr I will have her stamping done in India and a new I94. Pls advise - am I on correct path?
jbond said:Many thanks Tammy for your input - we are almost on the same page; I asked my attorney to pick up the choice of Change in status in I539 and then in the subsequent section in part 3 of 539, ask for extension up to the date of validity of my H1... I think once I do that with in 45 - 60 days of denial I should be ok. Then when she goes to India later next yr I will have her stamping done in India and a new I94. Pls advise - am I on correct path?
jbond said:Many thanks Tammy for your input - we are almost on the same page; I asked my attorney to pick up the choice of Change in status in I539 and then in the subsequent section in part 3 of 539, ask for extension up to the date of validity of my H1... I think once I do that with in 45 - 60 days of denial I should be ok. Then when she goes to India later next yr I will have her stamping done in India and a new I94. Pls advise - am I on correct path?
jbond said:Many thanks Tammy for your input - we are almost on the same page; I asked my attorney to pick up the choice of Change in status in I539 and then in the subsequent section in part 3 of 539, ask for extension up to the date of validity of my H1... I think once I do that with in 45 - 60 days of denial I should be ok. Then when she goes to India later next yr I will have her stamping done in India and a new I94. Pls advise - am I on correct path?
blocklisted200 said:Hi all,
Yestreday(11/14/05).I went for H1B visa stamping for 6th year at calgary consulate.The following conversation i had with consulate people.
Officer)How long you have been in USA?
A)5 years
officer)How many companies you changed)
A) five companies
officer)How long you have been with current company and who is your previous employer?
A)I have been with current company since one month.My previous company is "Cybersoftec"
officer)One month!!!!!!! with current company?.Give me all your previous H1B approvals and All five years tax returns and all five years employment letters?
(He asked me with very loud voice and commanding way").He thought i will scare.
A) I gave everything what he requested
officer)Give me entire your file,I will take whatever i want and i will return to you?
A)I said" NO".THis is my personel file.I have my personel documents.Why should i give it you?.IF you need any documents,i can provide you.
officer) You are not co-operating well?
A)I have been in USA since 5 years.I had visa stamped twice in India.I never violated any laws in USA and i never been out of status.You can check and enquire in anyway.
Officer)Your visa stamp expired on MArch'05.So,you are out of status?
A)I have valid h1B approvals and as long as i am in USA,i am on valid status.You can check with your immigration adviser
Officer)Why you are changing companies?
A)Better Opportunity
Officer)You are not Co-opeating well?.Give me your file.You are hiding something?
A)I am not going to give my file.Whatever documents you need,I provided to you.
Officer)Whatever documents communicated with USCIS,give me all?
A)I gave all my 485 receipts and approvals which i filed with cybersoftec.
Officer)What happened Your GC with Cybersoftec?
A)I Quit that company.
Officer)You are not Co-operating well?.You are hiding something) (With very loud voice)
A) No answer quite
Officer)O.K goahead and pay $50.This time your o.k I am approving your case.But,next time when you come to canada,please co-operate well
A)o.k.I took token and pickedup my passport at 3 PM with visa stamped.I got new i-94 too
What i obeserved is,whoever going for i/v at this officer counter,officer talking loudly and our desi people also fighting with officer with loud voice.But,finally he is approving cases.He is not rejecting.
gp111 said:If you had a valid H1B all along, her use of EAD does not change/void her H4. So she is not out of status even if I-485 was denied (given that you had valid H1 when I-485 denied)