This is exactly what my lawyer told me
thanks for your input you are great help on this forum.
post-Interview concerns...
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This is exactly what my lawyer told me
thanks for your input you are great help on this forum.Jackolantern
Registered Users (C)
You didn't already apply for it long ago? Or did you receive it last year and now you're thinking of applying for renewal?
If you're already working with an employment authorization card that expires within the next 3-4 months, you need to apply for renewal NOW so you can maintain your authorization to work.
You can expect it to take 2-3 months to be approved. However, because you have already been interviewed, they might look at your case and decide to issue the green card itself instead of the employment card.
BetterWorld
Registered Users (C)
No he didn't leave the US fearing he would have problems to enter again...
Is being out of status/over stay on H1 is problem in this case?
Is being out of status/over stay on H1 is problem in this case?
BetterWorld
Registered Users (C)
I saw a big gap in applying I-130 (in 2010) and I-485 (in 2011). Was there any specific reason for that?
i applied for the I-130 first, then after approval i applied for the I-485. i applied one after the other at the time i thought it was best to do it that way
Jackolantern
Registered Users (C)
If he lost status and didn't leave the US and reenter, he might still be out of status even with the latest H1B approval. You'll have to give more details of his situation so we can figure out what's going on:
What made him lose the previous H1B ... I-94 expiration, job loss, working for a different employer without authorization?
Did he apply for this latest H1B while the previous one was valid?
How long was it between losing status and the new H1B approval?
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BetterWorld
Registered Users (C)
Details
@Jackolantern
Here are the details for your review:
1. He was working with previous employer A. I-94 of Emp A was valid until Nov 2012.
2. Joined Emp B, and Employer B applied H1 transfer. H1 receipt shows receive date of May 15, 2011
3. H1 from emp B got RFE (not a high skilled job ), responded but finally got denial on July 10 with 1 month to appeal. But never appealed. Reason for denial: not a high skilled job (though it is high skilled IT job at one of the big healthcare company)
4. Emp C filed H1 transfer on November 20th from emp A. Approved on December 8, 2011 but without I-94 reason being "emp A had withdrew H1 application on May 15, 2011 and applicant is out of status. Applicant should go out of country as soon as possible and get the stamping. Delay going out of country could result in ability to re-enter".
Applicant failed to maintain H1 status. Applicant was violation of his H1 status at the time of filing of petition for the extention. Accordingly, the request for extention of stay is denied. (I was working during these months though paid only during H1 processing times)
>>Please note that receipt date on Emp B petition, and date emp A had withdrew H1 application both are May 15th 2011. Date about withdrew application by Emp A is mentioned on the H1 approval from Emp C.
>>>Also, Approval for Emp C was for the same job which was denied when Emp B filed H1 transfer.
I'll appreciate if you can help me with following Questions:
a. How long my friend unlawfully present ?
b. What should he do as my next step? Shall i go out of country for stamping or something else ?
c. Is there any re-entry bar kicked in yet ?
d. Will there be problems in employment based GC, if i start one now? What problem i might face and what can be done to resolve those?
- My understanding he won't face any problems for labour and I-140. He might face problem at I-485. But i guess there is waiver is avaialble for high skilled workers. In worst case he can start the perm and go back to India. Even he is struck there in India for stamping, his GC will be going on and when its' I-485 reaches, he can do consulra processing and come back to US.
Please let me know your thoughts.
>> What is your overall suggestion on this? What should he do?
What are the options avaialable?
@Jackolantern
Here are the details for your review:
1. He was working with previous employer A. I-94 of Emp A was valid until Nov 2012.
2. Joined Emp B, and Employer B applied H1 transfer. H1 receipt shows receive date of May 15, 2011
3. H1 from emp B got RFE (not a high skilled job ), responded but finally got denial on July 10 with 1 month to appeal. But never appealed. Reason for denial: not a high skilled job (though it is high skilled IT job at one of the big healthcare company)
4. Emp C filed H1 transfer on November 20th from emp A. Approved on December 8, 2011 but without I-94 reason being "emp A had withdrew H1 application on May 15, 2011 and applicant is out of status. Applicant should go out of country as soon as possible and get the stamping. Delay going out of country could result in ability to re-enter".
Applicant failed to maintain H1 status. Applicant was violation of his H1 status at the time of filing of petition for the extention. Accordingly, the request for extention of stay is denied. (I was working during these months though paid only during H1 processing times)
>>Please note that receipt date on Emp B petition, and date emp A had withdrew H1 application both are May 15th 2011. Date about withdrew application by Emp A is mentioned on the H1 approval from Emp C.
>>>Also, Approval for Emp C was for the same job which was denied when Emp B filed H1 transfer.
I'll appreciate if you can help me with following Questions:
a. How long my friend unlawfully present ?
b. What should he do as my next step? Shall i go out of country for stamping or something else ?
c. Is there any re-entry bar kicked in yet ?
d. Will there be problems in employment based GC, if i start one now? What problem i might face and what can be done to resolve those?
- My understanding he won't face any problems for labour and I-140. He might face problem at I-485. But i guess there is waiver is avaialble for high skilled workers. In worst case he can start the perm and go back to India. Even he is struck there in India for stamping, his GC will be going on and when its' I-485 reaches, he can do consulra processing and come back to US.
Please let me know your thoughts.
>> What is your overall suggestion on this? What should he do?
What are the options avaialable?
ananga73
Registered Users (C)
First of all start your own thread in the right forum, your issue is not a marriage or relative based green card application. Secondly it is clear that the person you are talking about here is yourself. You keep mixing "what should he do" and the next minute "what problems might I face", honesty is the best policy or alternatively be consistent in lying.
I know too well about this situation, having experienced something similar myself. My answers to your question are:
1. He has been out of status since the time USCIS or an Immigration Judge made such a determination, in this case July 10.
Per INS interpretation, status violators do not accumulate unlawful presence until either the INS or an Immigration Judge make a finding that the person has violated their status. The period of unlawful presence for a status violator begins on the date that the INS or the Immigration Judge makes a finding that they have violated their status.
It could be argued by USCIS that the date is actually the last day at employment with Company A if they determine that the subsequent H1B filed was not approvable from the start because petitioner knew Company B was not a Highly Skilled Job. That argument could be contested though.
2. He should not go out of the country until his marriage based green card is approved. If he does, he can kiss goodbye to reentering the USA until after 3 years.
3. Yes a reentry bar has set in because it is more than 180 days since July 10 or May 15. The bar is 3 years but will jump to 10 years if he continues to accumulate illegal presence beyond 365 days
4. Yes there will be significant problems with employment based green card. Only one through marriage/immediate relative will save him
. I know too well about this situation, having experienced something similar myself. My answers to your question are:
1. He has been out of status since the time USCIS or an Immigration Judge made such a determination, in this case July 10.
Per INS interpretation, status violators do not accumulate unlawful presence until either the INS or an Immigration Judge make a finding that the person has violated their status. The period of unlawful presence for a status violator begins on the date that the INS or the Immigration Judge makes a finding that they have violated their status.
It could be argued by USCIS that the date is actually the last day at employment with Company A if they determine that the subsequent H1B filed was not approvable from the start because petitioner knew Company B was not a Highly Skilled Job. That argument could be contested though.
2. He should not go out of the country until his marriage based green card is approved. If he does, he can kiss goodbye to reentering the USA until after 3 years.
3. Yes a reentry bar has set in because it is more than 180 days since July 10 or May 15. The bar is 3 years but will jump to 10 years if he continues to accumulate illegal presence beyond 365 days
4. Yes there will be significant problems with employment based green card. Only one through marriage/immediate relative will save him
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Jackolantern
Registered Users (C)
He is out of status at least since July 10, and possibly since the date he joined employer B.
You posted in the family based green cards section. What is the basis of the green card he has applied for or is planning to apply for? That will affect his options. And if it's not family based, you posted in the wrong part of the forum.
BetterWorld
Registered Users (C)
Thanks Jackolantern !
He is going to marry his girl friend (USC) and file GC. They are living together for over a year now.
I know this is not H1B forum, i was just providing you details.
Appreciate your response !
He is going to marry his girl friend (USC) and file GC. They are living together for over a year now.
I know this is not H1B forum, i was just providing you details.
Appreciate your response !
no luck yet. no response from interviewer. went there yesterday for an infopass appointment, the woman said the same thing they told me a month ago, "nothing on my screen shows they made any requests, the file is here we're just waiting for the person who interviewed you to make a decision."
i asked why am i waiting so long? the person at the infopass appointment told me she does not know but that the interviewer can take as long as she wants to make a decision...but there doesnt seem to be any activity on teh case based on what is on the screen.
i then filled out a form with my name and address that would be passed to the interviewer to let her know that i came and inquired about the case.
at this point its been 4 months, next week will be exactly 5 months since the interview and still no decision.
i dont know what my next step should be, ive been patient, and although my patience is running out, i dont think i have any other options but to wait.
i asked why am i waiting so long? the person at the infopass appointment told me she does not know but that the interviewer can take as long as she wants to make a decision...but there doesnt seem to be any activity on teh case based on what is on the screen.
i then filled out a form with my name and address that would be passed to the interviewer to let her know that i came and inquired about the case.
at this point its been 4 months, next week will be exactly 5 months since the interview and still no decision.
i dont know what my next step should be, ive been patient, and although my patience is running out, i dont think i have any other options but to wait.
Just hang in there
Just hang in there, mine took about 6 months to get approval after the interview.
Just hang in there, mine took about 6 months to get approval after the interview.
did you ever go in and ask why it was taking so long?
what city/state are you in? just curious maybe its an east coast thing
im remaining hopeful
Yes, My attorney did an infopass at 90 days, and 120 days, finally around 5th month she wrote the letter to IO's supervisor pleading to make a decision. My interview was in NYC (26 Federal Plaza), each case is different, in my case I had AOS (employment based) was pending and also one year they renew my EAD card with typo (2 digit was switch around) A# so they have to get the file from NBC see whats going on. After the interview the IO said he had no questions on our marriage, just he needed to compile all the files before he can make an decision. So depend on the complexcity of your case they may be waiting for a file to be transferred.
it wass very discouraging everytime we came back from infopass with no resloution, It put a lot of stress on you and your love ones. Don't place too much focus on this waiting thing, just focus on your love one, and don't let this thing eating you alive.
it wass very discouraging everytime we came back from infopass with no resloution, It put a lot of stress on you and your love ones. Don't place too much focus on this waiting thing, just focus on your love one, and don't let this thing eating you alive.
as i type this, i have the i485 approval letter and my card in my hand. i couldnt be happier. i owe it all to my wife, i'll tell my short story below.
i made another infopass appointment about 2 weeks ago. this time, my wife decided that she would come with me. we got up and got there about 9am and went upstairs to i think the third floor. when we got there i explained the situation, we were trying to get an update because the process was taking so long. my wife asked if we can talk to the interviewer to find out what was taking so long. at the window they said that the interviewer may be at a meeting and would probably not be available till after 2pm. my wife said its ok, we will wait all day if we have to, but we'd like to see her for an update. so then the lady at the said she'd be back, five minutes later she said that, again, she's going to send us upstairs to the 14th floor but she's not sure if our the woman who interviewed us back in november would be available right now. we said its fine, and she handed us some papers and we went upstairs to the 14th floor.
so when we got there, we went to the info window and this old but very pleasant woman greated us and we explained what was going on. my wife also explained that the process was taking so long so she was concerned and wanted to speak with the woman who interviewed us, and that we were told we'd be able to. about half hour later, the woman who had initially interviewed us back in november called us to the window and explained that she was going to find our file, may take some time, but soon as she finds our file she will call us back to talk. she said she realizes its been some time and she apologized but said there's no guarantee she'll be able to make a decision today but she'll talk about it in about half an hour when she's ready. my wife said thats fine we just need to get an update and see if you need more info from us because its been about 4 months since the interview, longer than we thought.
about 15 minutes later, our interviewer called us to the window again, and told us that everything seems to be fine with our paperwork. she apologized that it took so long and gave a laundry list of excuses...then said that she will be approving my i-485 right away and i should get my card in 10-15 days. she apologized some more and gave even more excuses.
about two days later the internet USCIS website updated to state that the card production had been ordered. the next day it stated that decision had been made. and my card arrived within about 10 days or so.
the end--
all in all i think my wife really made a difference by coming. i think (im only assuming) i think this was a situation where it needed a woman's touch. i think having both of us there made a difference...im only assuming i cant say for sure. im just glad it worked out, i have my card, and i am now planning to take my wife on vacation and on our third year anniversary im going to think of something really special.
thank YOU guys for all your replies, support, answers, advice, and encouragement.
if anyone has any question please feel free to ask about my experiences, i wish i am able to provide some information that would be beneficial to someone.
again, thank you all.
before i go, i will ask one more question, although i think it deserves a new thread:
how soon should i now apply for citizenship?
again again, thank you all. i am happy man, but today i am extra happy
i made another infopass appointment about 2 weeks ago. this time, my wife decided that she would come with me. we got up and got there about 9am and went upstairs to i think the third floor. when we got there i explained the situation, we were trying to get an update because the process was taking so long. my wife asked if we can talk to the interviewer to find out what was taking so long. at the window they said that the interviewer may be at a meeting and would probably not be available till after 2pm. my wife said its ok, we will wait all day if we have to, but we'd like to see her for an update. so then the lady at the said she'd be back, five minutes later she said that, again, she's going to send us upstairs to the 14th floor but she's not sure if our the woman who interviewed us back in november would be available right now. we said its fine, and she handed us some papers and we went upstairs to the 14th floor.
so when we got there, we went to the info window and this old but very pleasant woman greated us and we explained what was going on. my wife also explained that the process was taking so long so she was concerned and wanted to speak with the woman who interviewed us, and that we were told we'd be able to. about half hour later, the woman who had initially interviewed us back in november called us to the window and explained that she was going to find our file, may take some time, but soon as she finds our file she will call us back to talk. she said she realizes its been some time and she apologized but said there's no guarantee she'll be able to make a decision today but she'll talk about it in about half an hour when she's ready. my wife said thats fine we just need to get an update and see if you need more info from us because its been about 4 months since the interview, longer than we thought.
about 15 minutes later, our interviewer called us to the window again, and told us that everything seems to be fine with our paperwork. she apologized that it took so long and gave a laundry list of excuses...then said that she will be approving my i-485 right away and i should get my card in 10-15 days. she apologized some more and gave even more excuses.
about two days later the internet USCIS website updated to state that the card production had been ordered. the next day it stated that decision had been made. and my card arrived within about 10 days or so.
the end--
all in all i think my wife really made a difference by coming. i think (im only assuming) i think this was a situation where it needed a woman's touch. i think having both of us there made a difference...im only assuming i cant say for sure. im just glad it worked out, i have my card, and i am now planning to take my wife on vacation and on our third year anniversary im going to think of something really special.
thank YOU guys for all your replies, support, answers, advice, and encouragement.
if anyone has any question please feel free to ask about my experiences, i wish i am able to provide some information that would be beneficial to someone.
again, thank you all.
before i go, i will ask one more question, although i think it deserves a new thread:
how soon should i now apply for citizenship?
again again, thank you all. i am happy man, but today i am extra happy
Triple Citizen
Registered Users (C)
Congratulations!!!