frank71

Hi, Hope someone can help. I am new to this board... After applying for H1b extension in
december 1999 I got an intent to deny letter in the mail in June 2000. H1B expired in feb
2000. INS just need more info so attorney sent that three days after getting intent to
deny letter. Jnuary 2001 and I still have heard nothing! In the meantime I have gone ahead
with CP processing of immigrant visa and expect my appointment in April/May. Attorney said
doing AOS here could cause them to ask questions about our legal presence since Feb 2000.
Even though through no fault of my own (in fact papers were not read correctly by INS on
my H1B extension) my H1B extension has neither been granted or denied have I been here
illegally and will this cause me trouble at interview. All my attorney says is this is s
grey area and open to different interpretation. Not very helpful as he will not be at Cp
interview! Any ideas? Thanks all, Frank

Ingo

:

>Hi, Hope someone can help. I am new to this board... After applying for H1b extension in
>december 1999 I got an intent to deny letter in the mail in June 2000. H1B expired in feb
>2000. INS just need more info so attorney sent that three days after getting intent to
>deny letter. Jnuary 2001 and I still have heard nothing!

Then they probably did not deny it. Your attorney should follow up with them and find out
whether they received the information.

Your H-1B was automatically extended by 240 days, so it did not expire until August
2000 at the earliest (I'm not sure offhand if that would count from December 1999 or
from Feb 2000, but I think it's actually Feb 2000). After that, you'd still be legally
in the US but not autorized to work - but you could apply for an interim EAD in that
case to solve that.

>In the meantime I have gone ahead with CP processing of immigrant visa and expect my
>appointment in April/May. Attorney said doing AOS here could cause them to ask questions
>about our legal presence since Feb 2000. Even though through no fault of my own (in fact
>papers were not read correctly by INS on my H1B extension) my H1B extension has neither
>been granted or denied have I been here illegally and will this cause me trouble at
>interview.

No, you were here legally.

>All my attorney says is this is s grey area and open to different interpretation. Not
>very helpful as he will not be at Cp interview! Any ideas?

I think you may want to consult with a second attorney. Just like with difficult medical
situations, a second opinion may be a good thing sometimes.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).

frank71

Thanks Ingo, Unfortunately I have been here and worked all this time. My attorney never
mentioned EAD. Could I apply for one dated back to August? Will all this come up at my
CP interview and how could I explain it? My attorney did receive notice that INS got the
extra documention they were after and he has faxed the service center (CA) twice for
update on our case with no response. He says we must just sit and wait and hope to get
the extension through before we need to travel for our interview in March/April. We are
comitted to travel then as we have other business to take cxare of. Thanks for your
help. Frank.

In article <3a6be9d6.8818519@news>,
[email protected] wrote:
> On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
>
> >Hi, Hope someone can help. I am new to this board... After applying for H1b extension
> >in december 1999 I got an intent to deny letter in the mail in June 2000. H1B expired
> >in feb 2000. INS just need more info so attorney sent that three days after getting
> >intent to deny letter. Jnuary 2001 and I still have heard nothing!
>
> Then they probably did not deny it. Your attorney should follow up with them and find
> out whether they received the information.
>
> Your H-1B was automatically extended by 240 days, so it did not expire until August
> 2000 at the earliest (I'm not sure offhand if that would count from December 1999 or
> from Feb 2000, but I think it's actually Feb 2000). After that, you'd still be legally
> in the US but not autorized to work - but you could apply for an interim EAD in that
> case to solve that.
>
> >In the meantime I have gone ahead with CP processing of immigrant
visa and
> >expect my appointment in April/May. Attorney said doing AOS here could cause them to
> >ask questions about our legal presence since Feb 2000. Even though through no fault of
> >my own (in fact papers were not read correctly by INS on my H1B extension) my H1B
> >extension has
neither
> >been granted or denied have I been here illegally and will this cause me trouble at
> >interview.
>
> No, you were here legally.
>
> >All my attorney says is this is s grey area and open to different
interpretation.
> >Not very helpful as he will not be at Cp interview! Any ideas?
>
> I think you may want to consult with a second attorney. Just like with difficult medical
> situations, a second opinion may be a good thing sometimes.
>
> Ingo
>
> I am not a lawyer and this is not legal advice. For reliable advice, please consult with
> a professional immigration attorney.

Sylvia Ottemoeller

Thanks Ingo,
> Unfortunately I have been here and worked all this time. My attorney never mentioned
> EAD. Could I apply for one dated back to August?

No.

Will
> all this come up at my CP interview and how could I explain it?

You should ask your attorney that question.

My
> attorney did receive notice that INS got the extra documention they were after and he
> has faxed the service center (CA) twice for update on our case with no response. He says
> we must just sit and wait and hope to get the extension through before we need to travel
> for our interview in March/April.

Not very agressive, is he? He should ask the AILA Liaison for your Service Center to
pursue the case.

In another post I suggested asking your Congressperson for help. Attorneys don't like
that, but sometimes it is the only way to get INS to move.

We are comitted to travel then as we have other
> business to take cxare of. Thanks for your help. Frank.
>
> In article <3a6be9d6.8818519@news>,
> [email protected] wrote:

> > On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
> >
> > >Hi, Hope someone can help. I am new to this board... After applying for H1b extension
> > >in december 1999 I got an intent to deny letter in the mail in June 2000. H1B expired
> > >in feb 2000. INS just need more info so attorney sent that three days after getting
> > >intent to deny letter. Jnuary 2001 and I still have heard nothing!
> >
> > Then they probably did not deny it. Your attorney should follow up with them and find
> > out whether they received the information.
> >
> > Your H-1B was automatically extended by 240 days, so it did not expire until August
> > 2000 at the earliest (I'm not sure offhand if that would count from December 1999 or
> > from Feb 2000, but I think it's actually Feb 2000). After that, you'd still be legally
> > in the US but not autorized to work - but you could apply for an interim EAD in that
> > case to solve that.
> >
> > >In the meantime I have gone ahead with CP processing of immigrant visa and expect my
> > >appointment in April/May. Attorney said doing AOS here could cause them to ask
> > >questions about our legal presence since Feb 2000. Even though through no fault of my
> > >own (in fact papers were not read correctly by INS on my H1B extension) my H1B
> > >extension has neither been granted or denied have I been here illegally and will this
> > >cause me trouble at interview.
> >
> > No, you were here legally.

But you probably violated status by working unauthorized.

> > >All my attorney says is this is s grey area and open to different interpretation. Not
> > >very helpful as he will not be at Cp interview! Any ideas?
> >
> > I think you may want to consult with a second attorney. Just like with difficult
> > medical situations, a second opinion may be a good thing sometimes.

Yes, a second opinion would be a good thing.

frank71

Thanks Sylvia, Yes, I do not think our attorney is agressive enough. In his opinion we
should not leave the country, just stay put until the H1B extension is either approved or
denied but we have comitted to this trip and have to make it. He has not been very helpful
in giving us advice for our inteview other than telling us to explain the situation with
the extension and hoping they will be sympathetic. Okay for him as it isn't him who could
lose his home here if he is denied re-entry, uproot kids from school, sell everything he
owns etc etc! Please could you tell me what AILA stands for and how I might get in touch
with themat CSC? Is there any law as to how long INS can take to respond to the
inforamtion represented by our attorney after receiving the intent to deny letter? BTW the
intent to deny was based on information in our original petition which was misread by INS.
Thanks again, Frank

In article <[email protected]>,

> [email protected] wrote:
>
> > Thanks Ingo, Unfortunately I have been here and worked all this time. My
attorney
> > never mentioned EAD. Could I apply for one dated back to August?
>
> No.
>
> Will
> > all this come up at my CP interview and how could I explain it?
>
> You should ask your attorney that question.
>
> My
> > attorney did receive notice that INS got the extra documention they were after and he
> > has faxed the service center (CA) twice for
update on
> > our case with no response. He says we must just sit and wait and
hope
> > to get the extension through before we need to travel for our
interview
> > in March/April.
>
> Not very agressive, is he? He should ask the AILA Liaison for your Service Center to
> pursue the case.
>
> In another post I suggested asking your Congressperson for help. Attorneys don't like
> that, but sometimes it is the only way to get INS to move.
>
> We are comitted to travel then as we have other
> > business to take cxare of. Thanks for your help. Frank.
> >
> > In article <3a6be9d6.8818519@news>,
> > [email protected] wrote:
>
> > > On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
> > >
> > > >Hi, Hope someone can help. I am new to this board... After applying for H1b
> > > >extension in december 1999 I got an
intent to
> > > >deny letter in the mail in June 2000. H1B expired in feb 2000.
INS
> > > >just need more info so attorney sent that three days after
getting
> > > >intent to deny letter. Jnuary 2001 and I still have heard
nothing!
> > >
> > > Then they probably did not deny it. Your attorney should follow up with them and
> > > find out whether they received the information.
> > >
> > > Your H-1B was automatically extended by 240 days, so it did not
expire
> > > until August 2000 at the earliest (I'm not sure offhand if that
would
> > > count from December 1999 or from Feb 2000, but I think it's
actually
> > > Feb 2000). After that, you'd still be legally in the US but not autorized to work -
> > > but you could apply for an interim EAD in that case to solve that.
> > >
> > > >In the meantime I have gone ahead with CP processing of
immigrant visa and
> > > >expect my appointment in April/May. Attorney said doing AOS here could cause them
> > > >to ask questions about our legal presence
since Feb
> > > >2000. Even though through no fault of my own (in fact papers
were not
> > > >read correctly by INS on my H1B extension) my H1B extension has
neither
> > > >been granted or denied have I been here illegally and will this
cause
> > > >me trouble at interview.
> > >
> > > No, you were here legally.
>
> But you probably violated status by working unauthorized.
>
> > > >All my attorney says is this is s grey area and open to
different interpretation.
> > > >Not very helpful as he will not be at Cp interview! Any ideas?
> > >
> > > I think you may want to consult with a second attorney. Just like
with
> > > difficult medical situations, a second opinion may be a good thing sometimes.
>
> Yes, a second opinion would be a good thing.

frank71

Thanks Sylvia, Yes, I do not think our attorney is agressive enough. In his opinion we
should not leave the country, just stay put until the H1B extension is either approved or
denied but we have comitted to this trip and have to make it. He has not been very helpful
in giving us advice for our inteview other than telling us to explain the situation with
the extension and hoping they will be sympathetic. Okay for him as it isn't him who could
lose his home here if he is denied re-entry, uproot kids from school, sell everything he
owns etc etc! Please could you tell me what AILA stands for and how I might get in touch
with themat CSC? Is there any law as to how long INS can take to respond to the
inforamtion represented by our attorney after receiving the intent to deny letter? BTW the
intent to deny was based on information in our original petition which was misread by INS.
Thanks again, Frank

In article <[email protected]>,

> [email protected] wrote:
>
> > Thanks Ingo, Unfortunately I have been here and worked all this time. My
attorney
> > never mentioned EAD. Could I apply for one dated back to August?
>
> No.
>
> Will
> > all this come up at my CP interview and how could I explain it?
>
> You should ask your attorney that question.
>
> My
> > attorney did receive notice that INS got the extra documention they were after and he
> > has faxed the service center (CA) twice for
update on
> > our case with no response. He says we must just sit and wait and
hope
> > to get the extension through before we need to travel for our
interview
> > in March/April.
>
> Not very agressive, is he? He should ask the AILA Liaison for your Service Center to
> pursue the case.
>
> In another post I suggested asking your Congressperson for help. Attorneys don't like
> that, but sometimes it is the only way to get INS to move.
>
> We are comitted to travel then as we have other
> > business to take cxare of. Thanks for your help. Frank.
> >
> > In article <3a6be9d6.8818519@news>,
> > [email protected] wrote:
>
> > > On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
> > >
> > > >Hi, Hope someone can help. I am new to this board... After applying for H1b
> > > >extension in december 1999 I got an
intent to
> > > >deny letter in the mail in June 2000. H1B expired in feb 2000.
INS
> > > >just need more info so attorney sent that three days after
getting
> > > >intent to deny letter. Jnuary 2001 and I still have heard
nothing!
> > >
> > > Then they probably did not deny it. Your attorney should follow up with them and
> > > find out whether they received the information.
> > >
> > > Your H-1B was automatically extended by 240 days, so it did not
expire
> > > until August 2000 at the earliest (I'm not sure offhand if that
would
> > > count from December 1999 or from Feb 2000, but I think it's
actually
> > > Feb 2000). After that, you'd still be legally in the US but not autorized to work -
> > > but you could apply for an interim EAD in that case to solve that.
> > >
> > > >In the meantime I have gone ahead with CP processing of
immigrant visa and
> > > >expect my appointment in April/May. Attorney said doing AOS here could cause them
> > > >to ask questions about our legal presence
since Feb
> > > >2000. Even though through no fault of my own (in fact papers
were not
> > > >read correctly by INS on my H1B extension) my H1B extension has
neither
> > > >been granted or denied have I been here illegally and will this
cause
> > > >me trouble at interview.
> > >
> > > No, you were here legally.
>
> But you probably violated status by working unauthorized.
>
> > > >All my attorney says is this is s grey area and open to
different interpretation.
> > > >Not very helpful as he will not be at Cp interview! Any ideas?
> > >
> > > I think you may want to consult with a second attorney. Just like
with
> > > difficult medical situations, a second opinion may be a good thing sometimes.
>
> Yes, a second opinion would be a good thing.

Ingo

:
>>
>> >Hi, Hope someone can help. I am new to this board... After applying for H1b extension
>> >in december 1999 I got an intent to deny letter in the mail in June 2000. H1B expired
>> >in feb 2000. INS just need more info so attorney sent that three days after getting
>> >intent to deny letter. Jnuary 2001 and I still have heard nothing!
>>
>> Then they probably did not deny it. Your attorney should follow up with them and find
>> out whether they received the information.
>>
>> Your H-1B was automatically extended by 240 days, so it did not expire until August
>> 2000 at the earliest (I'm not sure offhand if that would count from December 1999 or
>> from Feb 2000, but I think it's actually Feb 2000). After that, you'd still be legally
>> in the US but not autorized to work - but you could apply for an interim EAD in that
>> case to solve that.
>>
>> >In the meantime I have gone ahead with CP processing of immigrant
>visa and
>> >expect my appointment in April/May. Attorney said doing AOS here could cause them to
>> >ask questions about our legal presence since Feb 2000. Even though through no fault of
>> >my own (in fact papers were not read correctly by INS on my H1B extension) my H1B
>> >extension has
>neither
>> >been granted or denied have I been here illegally and will this cause me trouble at
>> >interview.
>>
>> No, you were here legally.
>>
>> >All my attorney says is this is s grey area and open to different
>interpretation.
>> >Not very helpful as he will not be at Cp interview! Any ideas?
>>
>> I think you may want to consult with a second attorney. Just like with difficult
>> medical situations, a second opinion may be a good thing sometimes.
>>
>> Ingo
>>
>> I am not a lawyer and this is not legal advice. For reliable advice, please consult
>> with a professional immigration attorney.
>>
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).

Ingo

AILA is the American Immigration Lawyers Association. They have a Web site at
http://www.aila.org. You generally cannot deal with them directly; your attorney
has to do it.

Unfortunately, there is no statutory law that says that INS has to respond in a certain
time; they can take all the time they want.

I second Sylvia's advice of contacting a Congressperson.

Ingo

On Wed, 24 Jan 2001 04:34:14 GMT, [email protected] wrote:

>Thanks Sylvia, Yes, I do not think our attorney is agressive enough. In his opinion we
>should not leave the country, just stay put until the H1B extension is either approved or
>denied but we have comitted to this trip and have to make it. He has not been very
>helpful in giving us advice for our inteview other than telling us to explain the
>situation with the extension and hoping they will be sympathetic. Okay for him as it
>isn't him who could lose his home here if he is denied re-entry, uproot kids from school,
>sell everything he owns etc etc! Please could you tell me what AILA stands for and how I
>might get in touch with themat CSC? Is there any law as to how long INS can take to
>respond to the inforamtion represented by our attorney after receiving the intent to deny
>letter? BTW the intent to deny was based on information in our original petition which
>was misread by INS. Thanks again, Frank
>
>In article <[email protected]>,

>> [email protected] wrote:
>>
>> > Thanks Ingo, Unfortunately I have been here and worked all this time. My
>attorney
>> > never mentioned EAD. Could I apply for one dated back to August?
>>
>> No.
>>
>> Will
>> > all this come up at my CP interview and how could I explain it?
>>
>> You should ask your attorney that question.
>>
>> My
>> > attorney did receive notice that INS got the extra documention they were after and he
>> > has faxed the service center (CA) twice for
>update on
>> > our case with no response. He says we must just sit and wait and
>hope
>> > to get the extension through before we need to travel for our
>interview
>> > in March/April.
>>
>> Not very agressive, is he? He should ask the AILA Liaison for your Service Center to
>> pursue the case.
>>
>> In another post I suggested asking your Congressperson for help. Attorneys don't like
>> that, but sometimes it is the only way to get INS to move.
>>
>> We are comitted to travel then as we have other
>> > business to take cxare of. Thanks for your help. Frank.
>> >
>> > In article <3a6be9d6.8818519@news>,
>> > [email protected] wrote:
>>
>> > > On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
>> > >
>> > > >Hi, Hope someone can help. I am new to this board... After applying for H1b
>> > > >extension in december 1999 I got an
>intent to
>> > > >deny letter in the mail in June 2000. H1B expired in feb 2000.
>INS
>> > > >just need more info so attorney sent that three days after
>getting
>> > > >intent to deny letter. Jnuary 2001 and I still have heard
>nothing!
>> > >
>> > > Then they probably did not deny it. Your attorney should follow up with them and
>> > > find out whether they received the information.
>> > >
>> > > Your H-1B was automatically extended by 240 days, so it did not
>expire
>> > > until August 2000 at the earliest (I'm not sure offhand if that
>would
>> > > count from December 1999 or from Feb 2000, but I think it's
>actually
>> > > Feb 2000). After that, you'd still be legally in the US but not autorized to work -
>> > > but you could apply for an interim EAD in that case to solve that.
>> > >
>> > > >In the meantime I have gone ahead with CP processing of
>immigrant visa and
>> > > >expect my appointment in April/May. Attorney said doing AOS here could cause them
>> > > >to ask questions about our legal presence
>since Feb
>> > > >2000. Even though through no fault of my own (in fact papers
>were not
>> > > >read correctly by INS on my H1B extension) my H1B extension has
>neither
>> > > >been granted or denied have I been here illegally and will this
>cause
>> > > >me trouble at interview.
>> > >
>> > > No, you were here legally.
>>
>> But you probably violated status by working unauthorized.
>>
>> > > >All my attorney says is this is s grey area and open to
>different interpretation.
>> > > >Not very helpful as he will not be at Cp interview! Any ideas?
>> > >
>> > > I think you may want to consult with a second attorney. Just like
>with
>> > > difficult medical situations, a second opinion may be a good thing sometimes.
>>
>> Yes, a second opinion would be a good thing.
>>
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).

frank71

Thanks Ingo, I am now in a panic! Please advise when the 180 days you refer to begins
from. Also, does having an incompetent attorney help in anyway at CP interview if he never
bothered telling me or employer about the exact law as it applies to working out of
status? Or is ignorance and trusting someone you believe to know what they are doing and
having paid that person around $8,000 still no excuse?!! I am thinking, and please corect
me if I am wrong that, if the H1B is approved after all this time then it will be dated
back to origianl H1B expiration date (Feb 2000) and therefore I will not have been
here/working without authorisation therfore this whole issue will not be raised at
inteview? I think fighting to get that through before I leave might be my only safe chance
rather than risking getting a sympathetic ear at the interview.

In article <3a6e788e.6416887@news>,
[email protected] wrote:
> On Mon, 22 Jan 2001 15:45:41 GMT, [email protected] wrote:>
> >Thanks Ingo, Unfortunately I have been here and worked all this time.>
> Bad. Then you were definitely violating your status.
>
> >My attorney never mentioned EAD. Could I apply for one dated back to
August?
>
> Possibly. You should definitely hire another competent attorney because I have the
> feeling your attorney may not know enough.
>
> >Will all this come up at my CP interview and how could I explain it?
>
> Since you worked without authorization, beware. You may already have accumulated 180
> days, and if you leave the US now be subject to the three-year ban. Count the days
> carefully. If it's still less than 180 days, I would recommend you leave immediately
> (but not without getting competent advice first!) If it's more than 180 days, definitely
> seek a second opinion.
>
> I won't rule out that in such a case, the consulate would excuse you and give you the
> immigrant visa anyway (they do have some leeway in deciding whether or not the ban
> applies), but you don't want to take a chance.
>
> If a second attorney finds that you would indeed be subject to the ban, there may yet be
> a way around that.
>
> >My attorney did receive notice that INS got the extra documention
they
> >were after and he has faxed the service center (CA) twice for update
on
> >our case with no response. He says we must just sit and wait and
hope
> >to get the extension through before we need to travel for our
interview
> >in March/April. We are comitted to travel then as we have other business to take cxare
> >of. Thanks for your help. Frank. In article <3a6be9d6.8818519@news>,
> >[email protected] wrote:
> >> On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
> >>
> >> >Hi, Hope someone can help. I am new to this board... After applying for H1b
> >> >extension in december 1999 I got an intent
to
> >> >deny letter in the mail in June 2000. H1B expired in feb 2000.
INS
> >> >just need more info so attorney sent that three days after getting intent to deny
> >> >letter. Jnuary 2001 and I still have heard
nothing!
> >>
> >> Then they probably did not deny it. Your attorney should follow up with them and find
> >> out whether they received the information.
> >>
> >> Your H-1B was automatically extended by 240 days, so it did not
expire
> >> until August 2000 at the earliest (I'm not sure offhand if that
would
> >> count from December 1999 or from Feb 2000, but I think it's
actually
> >> Feb 2000). After that, you'd still be legally in the US but not autorized to work -
> >> but you could apply for an interim EAD in that case to solve that.
> >>
> >> >In the meantime I have gone ahead with CP processing of immigrant
> >visa and
> >> >expect my appointment in April/May. Attorney said doing AOS here could cause them to
> >> >ask questions about our legal presence since
Feb
> >> >2000. Even though through no fault of my own (in fact papers were
not
> >> >read correctly by INS on my H1B extension) my H1B extension has
> >neither
> >> >been granted or denied have I been here illegally and will this
cause
> >> >me trouble at interview.
> >>
> >> No, you were here legally.
> >>
> >> >All my attorney says is this is s grey area and open to different
> >interpretation.
> >> >Not very helpful as he will not be at Cp interview! Any ideas?
> >>
> >> I think you may want to consult with a second attorney. Just like
with
> >> difficult medical situations, a second opinion may be a good thing sometimes.
> >>
> >> Ingo
> >>
> >> I am not a lawyer and this is not legal advice. For reliable advice, please consult
> >> with a professional immigration attorney.
> >>
> >
> >

>
> I am not a lawyer and this is not legal advice. For reliable advice, please consult with
> a professional immigration attorney.

Ingo

My apologies for putting you into a panic. Your situation seems serious, but not critical
if you carefully do the right things. I'm not positive how the 240 days are counted, but I
*believe* they are counted from the date the original H-1B expired.

Here is another suggestion that I should have mentioned much earlier, and that hopefully
puts your mind to rest: file an I-485; do NOT go for consular processing.

You can do that under one of two provisions of the law. If it has been less than 180 days
since your automatic H-1B extension ended, you can file under section 245(k) of the law as
if nothing had happened. The paperwork is the same as for a regular I-485. Simply disclose
the fact that you did indeed continue working, and you are all set. In that case, you can
even continue to travel outside the US with Advance Parole or with your H-1B once it
finally is approved.

If it has been more than 180 days, you will instead have to file under section 245(i). The
paperwork is also the same as for any other I-485, but in addition, you must file an
additional form (I-485A, I believe) and pay a $1000 fine with that form. If this is the
case, do not leave the US while the I-485 is pending; you would be subject to the
three-year ban (probably regardless of whether the H-1B is eventually approved, but that
is a grey area again). Once you have your Green Card, you can travel again freely.

Also, consult with another attorney, hopefully a competent one, about your case and verify
that you indeed qualify for 245(k) or 245(i), as applicable (after all, I'm just a couple
pixels on the screen for you, and just a layperson in the flesh).

Ingo

On Wed, 24 Jan 2001 07:46:05 GMT, [email protected] wrote:

>Thanks Ingo, I am now in a panic! Please advise when the 180 days you refer to begins
>from. Also, does having an incompetent attorney help in anyway at CP interview if he
>never bothered telling me or employer about the exact law as it applies to working out of
>status? Or is ignorance and trusting someone you believe to know what they are doing and
>having paid that person around $8,000 still no excuse?!! I am thinking, and please corect
>me if I am wrong that, if the H1B is approved after all this time then it will be dated
>back to origianl H1B expiration date (Feb 2000) and therefore I will not have been
>here/working without authorisation therfore this whole issue will not be raised at
>inteview? I think fighting to get that through before I leave might be my only safe
>chance rather than risking getting a sympathetic ear at the interview.
>
>
> In article <3a6e788e.6416887@news>,
> [email protected] wrote:
>> On Mon, 22 Jan 2001 15:45:41 GMT, [email protected] wrote:>
>> >Thanks Ingo, Unfortunately I have been here and worked all this time.>
>> Bad. Then you were definitely violating your status.
>>
>> >My attorney never mentioned EAD. Could I apply for one dated back to
>August?
>>
>> Possibly. You should definitely hire another competent attorney because I have the
>> feeling your attorney may not know enough.
>>
>> >Will all this come up at my CP interview and how could I explain it?
>>
>> Since you worked without authorization, beware. You may already have accumulated 180
>> days, and if you leave the US now be subject to the three-year ban. Count the days
>> carefully. If it's still less than 180 days, I would recommend you leave immediately
>> (but not without getting competent advice first!) If it's more than 180 days,
>> definitely seek a second opinion.
>>
>> I won't rule out that in such a case, the consulate would excuse you and give you the
>> immigrant visa anyway (they do have some leeway in deciding whether or not the ban
>> applies), but you don't want to take a chance.
>>
>> If a second attorney finds that you would indeed be subject to the ban, there may yet
>> be a way around that.
>>
>> >My attorney did receive notice that INS got the extra documention
>they
>> >were after and he has faxed the service center (CA) twice for update
>on
>> >our case with no response. He says we must just sit and wait and
>hope
>> >to get the extension through before we need to travel for our
>interview
>> >in March/April. We are comitted to travel then as we have other business to take cxare
>> >of. Thanks for your help. Frank. In article <3a6be9d6.8818519@news>,
>> >[email protected] wrote:
>> >> On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
>> >>
>> >> >Hi, Hope someone can help. I am new to this board... After applying for H1b
>> >> >extension in december 1999 I got an intent
>to
>> >> >deny letter in the mail in June 2000. H1B expired in feb 2000.
>INS
>> >> >just need more info so attorney sent that three days after getting intent to deny
>> >> >letter. Jnuary 2001 and I still have heard
>nothing!
>> >>
>> >> Then they probably did not deny it. Your attorney should follow up with them and
>> >> find out whether they received the information.
>> >>
>> >> Your H-1B was automatically extended by 240 days, so it did not
>expire
>> >> until August 2000 at the earliest (I'm not sure offhand if that
>would
>> >> count from December 1999 or from Feb 2000, but I think it's
>actually
>> >> Feb 2000). After that, you'd still be legally in the US but not autorized to work -
>> >> but you could apply for an interim EAD in that case to solve that.
>> >>
>> >> >In the meantime I have gone ahead with CP processing of immigrant
>> >visa and
>> >> >expect my appointment in April/May. Attorney said doing AOS here could cause them
>> >> >to ask questions about our legal presence since
>Feb
>> >> >2000. Even though through no fault of my own (in fact papers were
>not
>> >> >read correctly by INS on my H1B extension) my H1B extension has
>> >neither
>> >> >been granted or denied have I been here illegally and will this
>cause
>> >> >me trouble at interview.
>> >>
>> >> No, you were here legally.
>> >>
>> >> >All my attorney says is this is s grey area and open to different
>> >interpretation.
>> >> >Not very helpful as he will not be at Cp interview! Any ideas?
>> >>
>> >> I think you may want to consult with a second attorney. Just like
>with
>> >> difficult medical situations, a second opinion may be a good thing sometimes.
>> >>
>> >> Ingo
>> >>
>> >> I am not a lawyer and this is not legal advice. For reliable advice, please consult
>> >> with a professional immigration attorney.
>> >>
>> >
>> >

>>
>> I am not a lawyer and this is not legal advice. For reliable advice, please consult
>> with a professional immigration attorney.
>>
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).

frank71

Many thnaks again for your response, After a trip to INS CSC myself yesterday I find that
my case will be denied and that a denial notice was prepared in December. we have yet to
recieve such notice. The reason? - They never recieved the additional information that my
attorney sent in July last year!! I have a copy of his certified mail receipt and copies
of the information and letters so I know he did as he said and sent it all on time.
Finally he is getting active and is going to the center director and having me again
arrive at counter and this time with all the proof and he is also resubmitting the
rebultal and we await our congressman to return our call. At long last it seems we may be
getting some action. Our papers have already gone to consulate and I don't know if we can
get them back in time to file I485A and get AP before March/April allowing us to travel.
The extra cost is also another consideration. Would my wife, myself and son all have to
pay the $1000 fine? Thank you so much for all your ideas. At least I can sound a little
knowledgable when talking to our attorney!! In article <3a6fb94d.5749544@news>,
[email protected] wrote:
> My apologies for putting you into a panic. Your situation seems serious, but not
> critical if you carefully do the right things. I'm not positive how the 240 days are
> counted, but I *believe* they are counted from the date the original H-1B expired.
>
> Here is another suggestion that I should have mentioned much earlier, and that hopefully
> puts your mind to rest: file an I-485; do NOT go for consular processing.
>
> You can do that under one of two provisions of the law. If it has been less than 180
> days since your automatic H-1B extension ended, you can file under section 245(k) of the
> law as if nothing had happened. The paperwork is the same as for a regular I-485. Simply
> disclose the fact that you did indeed continue working, and you are all set. In that
> case, you can even continue to travel outside the US with Advance Parole or with your
> H-1B once it finally is approved.
>
> If it has been more than 180 days, you will instead have to file under section 245(i).
> The paperwork is also the same as for any other I-485, but in addition, you must file an
> additional form (I-485A, I believe) and pay a $1000 fine with that form. If this is the
> case, do not leave the US while the I-485 is pending; you would be subject to the
> three-year ban (probably regardless of whether the H-1B is eventually approved, but that
> is a grey area again). Once you have your Green Card, you can travel again freely.
>
> Also, consult with another attorney, hopefully a competent one, about your case and
> verify that you indeed qualify for 245(k) or 245(i), as applicable (after all, I'm just
> a couple pixels on the screen for you, and just a layperson in the flesh).
>
> Ingo
>
> On Wed, 24 Jan 2001 07:46:05 GMT, [email protected] wrote:
>
> >Thanks Ingo, I am now in a panic! Please advise when the 180 days you refer to begins
> >from. Also, does having an incompetent attorney help in
anyway
> >at CP interview if he never bothered telling me or employer about the exact law as it
> >applies to working out of status? Or is ignorance
and
> >trusting someone you believe to know what they are doing and having paid that person
> >around $8,000 still no excuse?!! I am thinking, and please corect me if I am wrong
> >that, if the H1B is approved after all this time then it will be dated back to origianl
> >H1B expiration date (Feb 2000) and therefore I will not have been here/working without
> >authorisation therfore this whole issue will not be raised at inteview? I think
> >fighting to get that through before I leave might
be
> >my only safe chance rather than risking getting a sympathetic ear at the interview.
> >
> >
> > In article <3a6e788e.6416887@news>,
> > [email protected] wrote:
> >> On Mon, 22 Jan 2001 15:45:41 GMT, [email protected] wrote:>
> >> >Thanks Ingo, Unfortunately I have been here and worked all this time.>
> >> Bad. Then you were definitely violating your status.
> >>
> >> >My attorney never mentioned EAD. Could I apply for one dated back
to
> >August?
> >>
> >> Possibly. You should definitely hire another competent attorney because I have the
> >> feeling your attorney may not know enough.
> >>
> >> >Will all this come up at my CP interview and how could I explain
it?
> >>
> >> Since you worked without authorization, beware. You may already
have
> >> accumulated 180 days, and if you leave the US now be subject to the three-year ban.
> >> Count the days carefully. If it's still less than
180
> >> days, I would recommend you leave immediately (but not without
getting
> >> competent advice first!) If it's more than 180 days, definitely
seek a
> >> second opinion.
> >>
> >> I won't rule out that in such a case, the consulate would excuse
you
> >> and give you the immigrant visa anyway (they do have some leeway in deciding whether
> >> or not the ban applies), but you don't want to
take a
> >> chance.
> >>
> >> If a second attorney finds that you would indeed be subject to the ban, there may yet
> >> be a way around that.
> >>
> >> >My attorney did receive notice that INS got the extra documention
> >they
> >> >were after and he has faxed the service center (CA) twice for
update
> >on
> >> >our case with no response. He says we must just sit and wait and
> >hope
> >> >to get the extension through before we need to travel for our
> >interview
> >> >in March/April. We are comitted to travel then as we have other business to take
> >> >cxare of. Thanks for your help. Frank. In article <3a6be9d6.8818519@news>,
> >> >[email protected] wrote:
> >> >> On Mon, 22 Jan 2001 02:16:16 GMT, [email protected] wrote:
> >> >>
> >> >> >Hi, Hope someone can help. I am new to this board... After applying for H1b
> >> >> >extension in december 1999 I got an
intent
> >to
> >> >> >deny letter in the mail in June 2000. H1B expired in feb 2000.
> >INS
> >> >> >just need more info so attorney sent that three days after
getting
> >> >> >intent to deny letter. Jnuary 2001 and I still have heard
> >nothing!
> >> >>
> >> >> Then they probably did not deny it. Your attorney should follow
up
> >> >> with them and find out whether they received the information.
> >> >>
> >> >> Your H-1B was automatically extended by 240 days, so it did not
> >expire
> >> >> until August 2000 at the earliest (I'm not sure offhand if that
> >would
> >> >> count from December 1999 or from Feb 2000, but I think it's
> >actually
> >> >> Feb 2000). After that, you'd still be legally in the US but not autorized to work
> >> >> - but you could apply for an interim EAD in
that
> >> >> case to solve that.
> >> >>
> >> >> >In the meantime I have gone ahead with CP processing of
immigrant
> >> >visa and
> >> >> >expect my appointment in April/May. Attorney said doing AOS
here
> >> >> >could cause them to ask questions about our legal presence
since
> >Feb
> >> >> >2000. Even though through no fault of my own (in fact papers
were
> >not
> >> >> >read correctly by INS on my H1B extension) my H1B extension has
> >> >neither
> >> >> >been granted or denied have I been here illegally and will this
> >cause
> >> >> >me trouble at interview.
> >> >>
> >> >> No, you were here legally.
> >> >>
> >> >> >All my attorney says is this is s grey area and open to
different
> >> >interpretation.
> >> >> >Not very helpful as he will not be at Cp interview! Any ideas?
> >> >>
> >> >> I think you may want to consult with a second attorney. Just
like
> >with
> >> >> difficult medical situations, a second opinion may be a good
thing
> >> >> sometimes.
> >> >>
> >> >> Ingo
> >> >>
> >> >> I am not a lawyer and this is not legal advice. For reliable advice, please
> >> >> consult with a professional immigration attorney.
> >> >>
> >> >
> >> >

> >>
> >> I am not a lawyer and this is not legal advice. For reliable advice, please consult
> >> with a professional immigration attorney.

Sylvia Ottemoeller

Many thnaks again for your response,
> After a trip to INS CSC myself yesterday I find that my case will be denied and that a
> denial notice was prepared in December. we have yet to recieve such notice. The reason?
> - They never recieved the additional information that my attorney sent in July last
> year!! I have a copy of his certified mail receipt and copies of the information and
> letters so I know he did as he said and sent it all on time. Finally he is getting
> active and is going to the center director and having me again arrive at counter and
> this time with all the proof

Hopefully, INS will reopen the case "on its own motion" (without the necessity of the
employer filing a motion to reopen), and approve the H-1B extension back to the originally
requested start date. This would fix everything. Let us know, O.K.??

and
> he is also resubmitting the rebultal and we await our congressman to return our call. At
> long last it seems we may be getting some action. Our papers have already gone to
> consulate and I don't know if we can get them back in time to file I485A

You don't have to get the papers back before filing I-485. You may file Form I-485
with a copy of the I-140 approval notice, and INS will get the approved petition back
after filing.

and get AP before
> March/April allowing us to travel.

INS CSC could do this, but it would have to agree to expedite the I-131s for the APs.
I-131s are taking more than two months, normally, I think. If INS approves the H-1B
extension retroactively, I don't think you need to file the I-485s.

The extra cost is also another
> consideration. Would my wife, myself and son all have to pay the $1000 fine?

If you must use 245i, they must use 245i, and all three of you must pay a separate $1000
fee. This would only occur if INS does not approve the H-1B extension retroactively.

Thank you so much for all your ideas. At least I can sound a
> little knowledgable when talking to our attorney!!

> In article <3a6fb94d.5749544@news>,
> [email protected] wrote:

> > My apologies for putting you into a panic. Your situation seems serious, but not
> > critical if you carefully do the right things. I'm not positive how the 240 days are
> > counted, but I *believe* they are counted from the date the original H-1B expired.

Yes, the 240 days of employment authorization based on a timely filed H-1B extension
petition count from the date the original H-1B expired.

> > Here is another suggestion that I should have mentioned much earlier, and that
> > hopefully puts your mind to rest: file an I-485; do NOT go for consular processing.
> >
> > You can do that under one of two provisions of the law. If it has been less than 180
> > days since your automatic H-1B extension ended, you can file under section 245(k) of
> > the law as if nothing had happened. The paperwork is the same as for a regular I-485.
> > Simply disclose the fact that you did indeed continue working, and you are all set. In
> > that case, you can even continue to travel outside the US with Advance Parole or with
> > your H-1B once it finally is approved.
> >
> > If it has been more than 180 days, you will instead have to file under section 245(i).
> > The paperwork is also the same as for any other I-485, but in addition, you must file
> > an additional form (I-485A, I believe) and pay a $1000 fine with that form. If this is
> > the case, do not leave the US while the I-485 is pending; you would be subject to the
> > three-year ban (probably regardless of whether the H-1B is eventually approved, but
> > that is a grey area again). Once you have your Green Card, you can travel again
> > freely.
> >
> > Also, consult with another attorney, hopefully a competent one, about your case and
> > verify that you indeed qualify for 245(k) or 245(i), as applicable (after all, I'm
> > just a couple pixels on the screen for you, and just a layperson in the flesh).

> > On Wed, 24 Jan 2001 07:46:05 GMT, [email protected] wrote:

> > >I am now in a panic! Please advise when the 180 days you refer to begins from.

This also counts from the expiration date of the previously authorized status.

Also, does having an incompetent attorney help in anyway
> > >at CP interview if he never bothered telling me or employer about the exact law as it
> > >applies to working out of status? Or is ignorance and trusting someone you believe to
> > >know what they are doing and having paid that person around $8,000 still no excuse?!!
> > >I am thinking, and please corect me if I am wrong that, if the H1B is approved after
> > >all this time then it will be dated back to origianl H1B expiration date (Feb 2000)
> > >and therefore I will not have been here/working without authorisation therfore this
> > >whole issue will not be raised at inteview?

I think you are right about this.

I think fighting to get that through before I leave might be
> > >my only safe chance rather than risking getting a sympathetic ear at the interview.

Ingo

:

>
>> > >I am now in a panic! Please advise when the 180 days you refer to begins from.
>
>This also counts from the expiration date of the previously authorized status.

Clarification: would that be 180 days from the original H-1B expiration, or 180 days after
the 240 day automatic extension?

I believe that since the 240 days were an automatic extension, it should be from that
point in time.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).