Need help!!

[Amie&David 0]

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!! Hurray that means he is not out of status and it gives us time now to fix our other problems. So I guess all we can do is go to the lawyer and hope that she can tell us something. She said she is going to try to get ahold of our case or find something out before we have our appointment. So I guess wish us luck and I will let everyone know what happens on Thursday. Again thanks for all the help and concern. Take care everyone.

Melissa

Hey Melissa, We are in the exact same situation here, woke up this morning to find out I have been denied, no idea why and just have to wait now for the letter that may never arrive! I had to take a 2nd Bio as I never paid for it first time around and didn't realise, but that was paid over a month ago now and I have a receipt of them, also at Infopass they said my fingerprints were OK'd. So confused as to why they have denied us and feel at my wits end now, no idea what to do next, I am just praying they don't seperate us again, Amie has been very upset that I will be kicked out....

Let me know what the lawyer tells you if its not too much trouble, cheers

David

[Dr_LHA 3]

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!!

You previously stated your husband is no longer working for the employer who sponsored his H-1B. If this is true, then his H-1B is no long valid. Is he still working for his H-1B sponsoring employer? If not then I'm afraid the lawyer is wrong (most likely you didn't give him the full facts). Either that or he doesn't under stand the difference between having a H-1B visa, and having valid H-1B status. The visa just gets you in the country, the status allows you to remain.

An H-1B visa is only good for as long as the person remains in the sponsoring job, as soon as they job ends they are required to leave the USA immediately.

Edited August 22, 2007 by Dr_LHA

[Killer_Clown_2009 0]

I'd go right to my congressional office and ask for assistance. I'm betting that the local office could have provided you with a reason for denial and probably a request from the congressional office will get you your answer fastest.

[Dakine 26]

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!!

You previously stated your husband is no longer working for the employer who sponsored his H-1B. If this is true, then his H-1B is no long valid. Is he still working for his H-1B sponsoring employer? If not then I'm afraid the lawyer is wrong (most likely you didn't give him the full facts). Either that or he doesn't under stand the difference between having a H-1B visa, and having valid H-1B status. The visa just gets you in the country, the status allows you to remain.

An H-1B visa is only good for as long as the person remains in the sponsoring job, as soon as they job ends they are required to leave the USA immediately.

Here we go again. What's next?

Edited August 22, 2007 by beckypua

[rebeccajo 14]

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!!

You previously stated your husband is no longer working for the employer who sponsored his H-1B. If this is true, then his H-1B is no long valid. Is he still working for his H-1B sponsoring employer? If not then I'm afraid the lawyer is wrong (most likely you didn't give him the full facts). Either that or he doesn't under stand the difference between having a H-1B visa, and having valid H-1B status. The visa just gets you in the country, the status allows you to remain.

An H-1B visa is only good for as long as the person remains in the sponsoring job, as soon as they job ends they are required to leave the USA immediately.

Here we go again. What's next?

I think I've had enough of you.

[Killer_Clown_2009 0]

Me too.

[Dakine 26]

I think I've had enough of you.

I've been denied and went thru the agony and confusion of being denied.

Bottomline is I advised from the very first is to get a lawyer. Been there! Done that to late my case.

OP has a lawyer and I'm outa here!

Oops ! Jane was correct to mention getting congressman or senator to help. Been there! Done that also.

They didn't help much other than they found out the reason!

Sorry if I offended anyone and I hope you won't have to deal with it.

Ain't over until the final oath!

Keep guessing if that what turns you on!

Aloha

[TracyTN 237]

I think I've had enough of you.

I've been denied and went thru the agony and confusion of being denied.

Bottomline is I advised from the very first is to get a lawyer. Been there! Done that to late my case.

OP has a lawyer and I'm outa here!

Oops ! Jane was correct to mention getting congressman or senator to help. Been there! Done that also.

They didn't help much other than they found out the reason!

Sorry if I offended anyone and I hope you won't have to deal with it.

Ain't over until the final oath!

Keep guessing if that what turns you on!

Aloha

"Keep guessing if that's what turns you on?" Was that meant ironically?

YOU suggested to the OP that her fiance was denied because he came here on a 'different visa type', married her and adjusted status - that this was somehow fraudulent and that the OP was trying to 'beat the system'. Basically, you talked out your ####### and 'guessed' at what happened. Would it have been too difficult to say 'get a lawyer' and nothing else? Or did you think your speculation was so dead on and/or witty that you just HAD to share it?

Then you come back and act as if Dr_LHA's post about H1Bs was incorrect. If you think it is - say so, and back it up with facts. If you have a problem with Dr_LHA personally, either take that up with him in PM or report him. Otherwise, keep your comments to yourself.

[Kez/JWolf 6]

I think I've had enough of you.

I've been denied and went thru the agony and confusion of being denied.

Bottomline is I advised from the very first is to get a lawyer. Been there! Done that to late my case.

OP has a lawyer and I'm outa here!

Oops ! Jane was correct to mention getting congressman or senator to help. Been there! Done that also.

They didn't help much other than they found out the reason!

Sorry if I offended anyone and I hope you won't have to deal with it.

Ain't over until the final oath!

Keep guessing if that what turns you on!

Aloha

"Keep guessing if that's what turns you on?" Was that meant ironically?

YOU suggested to the OP that her fiance was denied because he came here on a 'different visa type', married her and adjusted status - that this was somehow fraudulent and that the OP was trying to 'beat the system'. Basically, you talked out your ####### and 'guessed' at what happened. Would it have been too difficult to say 'get a lawyer' and nothing else? Or did you think your speculation was so dead on and/or witty that you just HAD to share it?

Then you come back and act as if Dr_LHA's post about H1Bs was incorrect. If you think it is - say so, and back it up with facts. If you have a problem with Dr_LHA personally, either take that up with him in PM or report him. Otherwise, keep your comments to yourself.

100% agreed...

Kez

[Sand 5]

Good Luck !!! and i am so sorry for that

[maya62 7]

I'd go right to my congressional office and ask for assistance. I'm betting that the local office could have provided you with a reason for denial and probably a request from the congressional office will get you your answer fastest.

I agree with this suggestion. The immigration liaisons that work for your Senators and Reps have also dealt with many odd or screwed up cases and unlike the lawyer, they have already been paid for (with your tax dollars). They may not be able to walk you through whatever next steps you need to take, but if it is USCIS's screw-up (eg, on the address change), they may be able to get them to rectify it.

Did you save any kind of proof that you changed your address with USCIS? That may become helpful in the near future.

Good luck!

Maya

[pushbrk 12,898]

Hi again everyone, Just wanted to give you a update, who knows maybe my story can help someone else down the line. WE have contacted a lawyer and have a appointment on Thursday....Another 2 hour drive to Sacramento Also the lawyer did tell my husband over the phone that his H1B Visa is still valid until the date on it which is October 1st. The reason for this is that he filed for I 765 through marriage so it did not void his visa in anyway!!

You previously stated your husband is no longer working for the employer who sponsored his H-1B. If this is true, then his H-1B is no long valid. Is he still working for his H-1B sponsoring employer? If not then I'm afraid the lawyer is wrong (most likely you didn't give him the full facts). Either that or he doesn't under stand the difference between having a H-1B visa, and having valid H-1B status. The visa just gets you in the country, the status allows you to remain.

An H-1B visa is only good for as long as the person remains in the sponsoring job, as soon as they job ends they are required to leave the USA immediately.

It's true the H1B status would end at that time. However, if the I-130 and I-485 were filed before he left the job, then his new status is AOS pending, (same as a K1's status 90 days after entry) until AOS is denied. Hopefully, the attorney can sort this out for them.

Edited August 22, 2007 by pushbrk

[Dr_LHA 3]

Yes, as I mentioned earlier the H-1B thing is a red herring as to the cause for AOS denial.

My post above was merely attempting to point out under what circumstances the OP's lawyer's assumption that the H-1B is still valid would be wrong. Its not surprising though that a family based immigration lawyer might be unfamiliar with H-1B rules, after all H-1Bs are filed by companies, not families.

Edited August 22, 2007 by Dr_LHA

[Gaby&Talbert 1]

What was the problem the OP had USCIS? They did not receive a notification of some kind right? What can we do as a group to get USCIS to fix this problem? Has anyone on VJ been proactive and pointed out the problems some of us have with the current system and worked with a senator of congressman to try to fix these issues?

I have noticed that with AOS and the USCIS website they don't post anything to do with appointments, maybe where the system is broken is the local office level or the appointment scheduling level?

What could we do as a group to try to fix little problems like this?

[mabdelbaqi 0]

First off I want to thank everyone that has posted something in a positive manner and that has helped me out with my questions. Second off I want to say something, for the people posting that they have had enough of me I have one thing to say if that is the case then stop reading the post and stop replying! Is that so hard we are all adults here and the only reason we are on the site is to try to help each other go through a process that we are all going through. I appreciate all of the answers and suggestions that I have gotten from everyone whether or not they helped or didn't. I appreciate the time that these people went and the concern that they expressed. But as for the people who have made these comments about being sick of me or my post then again stop reading them!!! And I'm sorry if this offends anyone but we are all adults and should act like them.

Now back to my immigration issues, we have a appointment with a lawyer tomorrow and hopefully that will shine some lite on our case and help us get a reason for the denial. Also regarding the person (sorry I dont remember who) that posted regarding contacting a Congressman thanks and I have already contacted our local congressman and talked to a case worker in his office. They told me that they would be able to find the reason for the denial but also like us it could take them up to 30 days for USCIS to respond back to them. They don't have any special contact that allow them to get a answer ASAP. But again thanks for the advice and hopefully they can help us out should we need it. Again thanks for everyones help and time.

Melissa