cagedcactus
07-25 07:13 AM
Thanks friends. Just a reminder. I am not using any pre approved labor. This labor was mine. The company filed it for me in august 2003. Then I 140 was filed in may 2006 after labor approval.
That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
Is it possible?
thanks for your kind inputs.....
That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
Is it possible?
thanks for your kind inputs.....
lazycis
02-28 08:31 AM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
chehuan
01-17 04:26 PM
hey
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
snowcatcher
01-28 09:13 PM
Hi Guys, I just started my monthly contribution today $20/ Month. IV core is literally begging for more funds. So please contribute to save this organization and save ourselves. If you have not contributed so far, for whatever reason, just do it now....it is never too late. Thank you. $20 per month is not oo much, but 10 people from here in Houston can do that it is a little bit. Every drop helps.
more...
India76
09-17 01:39 PM
I am going fromamerican airlines that goes directly from chicago to Delhi and coming back same way.
dreamworld
11-07 12:27 PM
Visitor Visa does not tied to sponsor. One can visit USA with a valid visitor visa.
But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.
But at port of entry, may need to prove who is taking care of them when they are here. They may need supporting documents from you at port of entry.
more...
jingi1234
10-08 05:52 PM
can2004:
What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:
What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:
logiclife
08-02 11:18 AM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.
Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.
Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).
Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.
Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.
Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.
Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).
Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.
Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.
more...
gcdreamer05
11-20 01:37 PM
Great useful service to the immigration folks
nhfirefighter13
January 17th, 2005, 06:45 AM
I like 2,3,and 4. Good job, Anders!
more...
frustratedbutpatient
10-24 07:50 AM
I visited last July. I arrived few minutes late but I was able to immediately meet with the officer. She was not helpful at all. Her answer was to wait. I had my fingerprinting last December and I should have received an interview notice since my wife petitioned for me. I haven't heard anything since. She refused to give me any answers. She said that my case was at another office. She refused to say what office and she said I had to wait for my turn. Reading a little on this forum, I realized that I should have been more specific when I asked questions. I placed an inquiry at congressman Levin's office and they got back to me in a week that my case is in security check but they never told me how long that would take. Yesterday, I called the national customer service and they said they would have the Detroit office communicate with me. I will wait for few weeks during which time I will gather a list of questions to ask for my next InfoPass appointment. Please help with the questions I should ask.
kk_123
09-29 11:23 AM
--------------------------------------------------------
How to add spouse to my green card
--------------------------------------------------------------------------------
I believe, USCIS website was updated on Sep 21st 2009.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance... ---------------------------------------------------------------------------------------
Hi,
my brother has also seeing the same status message for his case.
IF you got your card, Pls update it.It will help others too..
How to add spouse to my green card
--------------------------------------------------------------------------------
I believe, USCIS website was updated on Sep 21st 2009.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance... ---------------------------------------------------------------------------------------
Hi,
my brother has also seeing the same status message for his case.
IF you got your card, Pls update it.It will help others too..
more...
mammoy2k
09-30 08:29 PM
Please read Yates memo for clarification.
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.
As for AC21 law, it is associated with an approved I-140 and not a pending I-140.
I-485 July 2 filer , ND Sept 10
No FP yet
ksrk
08-15 02:10 PM
Thanks Krsk,
My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..
What do you think..??
Om
Hey Omved,
If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.
Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...
The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.
I honestly can't think of any other options...can you?
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..
What do you think..??
Om
Hey Omved,
If I were you, I'd try getting the H1B stamp BEFORE the AP expires. So that, in the worst case (if H1B stamp gets rejected), you return on the still-valid AP. And you should be able to get visa appointments to Canada/Mexico (I haven't tried the latter) before Oct 15th - the short trip seems worth it.
Of course, if H1B gets rejected and you haven't applied for AP renewal, then your India trip will need to be postponed...
The other option is to take the risk, go to India and apply for H1B stamp. If that doesn't work, then wait for your AP renewal to come through (waiting in India till that happens), provided you have applied for the AP renewal BEFORE going to India.
I honestly can't think of any other options...can you?
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
more...
sanher
10-29 12:16 PM
I am scared to see this. I am flying to backhome for stamping this weekend.
DSLStart
10-02 11:43 AM
sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
more...
485Mbe4001
09-14 06:48 PM
:D we could hold town hall meetings and discuss this issue, unfortunately we dont have the taxpayers money to blow...
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
kghoshal
11-22 07:21 PM
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
HV000
01-15 12:51 PM
$1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
Its only extensions which are a long time.
Its only extensions which are a long time.
sunsuri
08-02 11:52 AM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
NELLAIKUMAR
02-24 09:04 PM
Hello,
Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.
Thanks...
Can someone with knowledge in matter please help. If I change the status to from H1 to H4 using form I-539 and submit my resignation to my employer, he is most likely going to request USCIS to cancel my H1. Is it possible even in these cases to apply again for a change of status back to H1 from H4 after a year if I get a job with another employer without having to go through the quota? Thanks for your help.
Thanks...
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