As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions had been received by USCIS. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.
H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009
My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).
1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?
2) While new H1B is pending, what is my status? Am I considered to be in status?
3) Can we file brand new H1B through the same company while appeal is pending?
4) Can I work for my employer while appeal is pending, without filing new H1B?
5) Can I work for my employer while new H1B is pending?
6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.
7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.
1) When an H-1B is denied and your I-94 has expired, your out of status immediately upon denial AND you are accruing unlawful presence. An appeal or an MTR does not give you status nor does it stop the running of unlawful presence.
2) You are still out of status AND unlawfully present because the new H-1 was applied after your I-94 expired.
3) Too many variables. Generally speaking, USCIS is supposed to hold a new case pending if an appeal has been filed on exactly the same case.
4) No.
5) No.
We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?
In your case, a K-3 cannot be issued. You must wait for IV.
If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.
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1) Can i keep my Priority Date and apply for the Greencard later (after graduating from school) with it? Would that be possible even if the job is not similar to the one for which I got the labor approval this time around?
2) Would it be possible to keep the 485 active when I am in school? If it helps, my Ph.D is in the same field as my Masters (also from the US).
3) If I receive an RFE on my 485 about employment etc and I can't respond, would that have any effect on the validity of my F-1?
4) After I got the F-1, I re-entered the country back on my H-1 since I wanted to continue to work for a bit. My H-1 expires in a few weeks.
5) Should i withdraw the 485? If not, will I get into trouble while going out and coming back in?
6) I'd need to inform USCIS of my address change. If I'm keeping the 485 active, I'd have to specifically mention the address change for those applications as well. Should I just go ahead and do that?
1) You should be able to keep your PD because your I-140 is approved. The jobs do not have to be similar, but you do have to start your GC all over again.
2) Only if the employer (or some other employer with a similar job - AC21) holds the job open for you and you have the intention of joining them upon approval of GC or earlier. But do keep in mind the next answer.
3) I see no effect. But do remember, USCIS has indicated that F-1 and AOS cannot both co-exist. We do not have much elaboration on this statement.
4) You can stay as an adjustee.
This is regarding my sister who is going through lot of stress due to visa issues.
She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.
3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).
She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.
Here are our questions/ concerns. Please do answer these:
1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.
2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?
3. Any advise/ suggestions are welcome.
I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.