Deportation and I-290B filing of notice or motion

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Hi all,  My first 3 years of H1B expired on Oct 1,2009. However, my company filed an extention for another 3 years and got RFE with deadline of November 24. However, my company terminated me on November 14, 2009. I got I-20 from school and filed change of status. But just got notice today from USCIS saying my application is denied. However, I can file an I-290B notice of appeal or motion within 30 days.. Am I already illegal or what are my chances of coming back to status and joining school? I'm in relationship with US citizen for last 3 months. However, we've not talked about marrying. Will it make a difference if she marry me before and after I file the appeal or after appeal gets denied? ..Please, help me out..I'm here for last 8 years legally and without any bad records. Thanks

dhungebagara · Apr 8, 2010 11:46 PM · 21,400 views

12 Replies

I think if you marry you will be on status .... I know one of my friend who was student and left the school and got gc after marrying a citizen ...

PeaceSoul · Apr 9, 2010 6:05 AM

file MTR just in case your marriage doesn't work out with supporting documents  they might approve

Gohtalo · Apr 9, 2010 6:54 AM

file MTR just in case your marriage doesn't work out with supporting documents  they might approve

Gohtalo · Apr 9, 2010 6:55 AM

did you work during your first three years of h1b? what was the RFE for? and why your company terminated you. give detail if you are seeking for help.

Free H1B · Apr 9, 2010 7:21 AM

Thanks Gothalo for your suggestion and information! [Disallowed String for - bad word] your H1B freeH1B! You don't have to act smart if you don't know the answer!.. How can I be in H1B for 3 years without getting job!..my question here is changing my status from H1B to F1! I got terminated on October 24,2009!..I somehow managed to get I-20 for spring semester which was supposed to start on January, 2010! I filed change of status with USCIS on Dec 5..they sent me letter few days ago saying I was out of status for 1 month during my termination and getting new I-20..However, letter also implies that I can file the appeal I-290B if I'm not satisfied with the decision within 33 days..Any suggestion is appreciated.. Thanks

dhungebagara · Apr 10, 2010 10:51 PM

marry her , get her pregnant asap, Child support(social service  will jump in the case, you will be  fine, trust me ))

OC101 · Apr 10, 2010 10:57 PM

What was your REF regarding then I can give you more suggestions. I recommend you to file MTR in time so that they will take action on that and they willl response you with the options that may be available to you or simple approve your change or adjustment of status

Gohtalo · Apr 11, 2010 10:23 AM

Please review the email sent to your inbox. Thanks.

santoshgiri · Apr 11, 2010 11:47 AM

hey dude I was in same situation like yours in dec 2009.But didn't gave up and file appeal I-290B .MY status got approved withing 10 days.So just email me at contact@usnepal.net with ur number so i can guide what you need to do further.Hope that will help you.      

usnepal.net · Apr 13, 2010 8:00 PM

Hi usnepal.net, Thanks for your time. I met with my lawyer. However, I was told that since my company terminated me on November 21, 2009 and I filed change of status with new I-20 on December 4, I was out of status the day company terminated me. I was told that appeal won't help at all. Its just a waste of money. Which status you were in when you filed the change of status? Was it from H1B to F1?.. Thanks

dhungebagara · Apr 15, 2010 11:41 PM

Hello,  I am not a lawyer nor expert on this issue but I think you could still appeal. How can somebody change their status as soon as they were let go by the company. For most cases there is a 60 day grace period to change your status and as you said you were let go on Nov. & Applied for COS on Dec. which is still within the 60 days period. Please reverify that information, also do not hesitate to check with your school that you Graduated sometimes they may be able to guide you. Good luck! Thanks

Gazza · Apr 16, 2010 8:29 AM

mero euta quick question - F 1 status ma huda campus bahira kaam gariyo (OC ma), aba nikat bhabishya ma nai citizenship lai apply gardai chhu, teshko laagi purai employment history bataunu pardoraichha. Samasya k paryo bhane oc ma kaam gareko kura lekhu bhane gayar kaanuni kaam gareko kura kasari bataune, nagarau bhane jhuto boleko chaal payera citizenship decline gardela bhanne dar? k yo immigration office le purai employment history check garchha ta citizenship dinu agadi? plz sathi haru kasai laai yesto kisim ko situation aai pareko thiyo athawa yas baremaa kei jaanakari chha bhane suggestions dinu paryo, dhanyavaad.

soaltee · Apr 16, 2010 8:32 AM

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