coolblues
08-25 10:55 PM
HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
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kris101
07-25 12:11 AM
Dear psaxena,
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
I am in a similar situation of being laid off. Could you please advice, if you know a way to trf H1B immediate?
Thanks
newhandle
03-05 10:48 PM
Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.
LPR (dad) :(
LPR (dad) :(
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beppenyc
09-14 02:46 PM
The key will be to see what kind of congress we will have, before that, it is pretty hard to make any prediction. In any case, i remember this may when President George Bush and the senators met at the white house, he (the prez) told that he believe to have a bill by the end of the year, he never mention before election.
Let`s see and hope
Let`s see and hope
more...
saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..
samcam
05-19 11:24 AM
Welcome to our newest member rockets12345!
3871 and counting...
29 more to go!!
3871 and counting...
29 more to go!!
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Sushie
08-17 02:43 PM
Thanks redcard,
Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?
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jyothu
07-18 04:19 AM
The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
more...
raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
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jsb
05-27 01:02 PM
this is final stage of processing, get ready for GC stamp on passport.
Good luck.
I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!
Good luck.
I don't think you need a stamp on your passport? GC comes as a plastic card by mail. No more stampings !!
more...
guesswho
04-10 11:59 AM
That sucks :(
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tnite
10-31 10:05 AM
Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
yes
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
yes
more...
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designserve
02-22 02:25 PM
IRS holds records for 3 years after which tracing back is not possible.Pray!!!
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apahilaj
09-28 05:04 PM
graj012, thanks for your input. You phrased it nicely.
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
more...
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GCaspirations
09-21 10:46 PM
Hazishak,
did you receive the finger print notice?
did you receive the finger print notice?
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a1b2c3
05-21 11:54 AM
please reply in case you need more info
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poorslumdog
09-02 01:28 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
You shameless idiot...you are back again.
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
You shameless idiot...you are back again.
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dpp
09-18 08:41 PM
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.
Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.
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puskeygadha
06-02 09:20 PM
audit is only on pending applications..i dont think it is on certified..
also they may process fugmon cases fase..hope they dont denied any..
what is supervised recruitment
also they may process fugmon cases fase..hope they dont denied any..
what is supervised recruitment
pinky001
09-18 03:51 AM
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
I am planning to attend an Visa interview, at present I am on H4 status.
My case is: Gor H4 in sept 2006 - April 2008, and got stamping
Later got H1 from Oct 2007 to oct 2010, and got stamping
Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping
Question 1) But when I am selcting the appontment date it ask's for a question
" Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?
2) Does H4 and H1 come under same Visa Class?
please reply ASAP, As I am planning to schedule an appt immediately
sidd_k2002
03-24 06:46 PM
Hello Friends,
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
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