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Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" – which if I am not wrong means when the decision is reached…..so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
As far as I know if your current visa is valid until June30 , 2007 and you go to stamping with that visa , your new stamp will only be valid until June30 , 2007. You can enter US by that date. You will probably asked proof about new extension if you travel to wards end of month. I don’t think it will be valid for 3 months (say until September) even though your visa was only valid until June30.
Since your visa stamp is expired you MUST get new stamping before re-entering the US.
If you go to stamping with new extension , you will get the stamping until that date (2010).
PS: I am not an attorney , get help from an attorney when in doubt.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for ‘X’ amount ( where ‘X’ is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I’ve been associated with him for less than an year now.
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered – I have HAD ENOUGH!!
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No, my dear, I did not delete anything! Mr.Pappu maybe?
Alright, now you have to answer again to get the last word!
Hurry up before the censorship deletes everything (they must be tired of us)!:)
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U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.
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for me and everyone..atleast make the process of GC predictable and sane.
PS: I’ve lost it already. Its only meat up there.. pls lighten up the fire…
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In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
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MurthyDotCom : Effect of Travel While in H1B/L-1 Status with Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
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How did it go? Hope you took pictures
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I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD’s our current, we need to get medical examination done. I don’t know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don’t have TB but been given medicines for School purposes? What should I do?
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If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?