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gc_chahiye
08-26 12:55 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.
If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.
If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.
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Nabeel
10-26 04:34 PM
I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.
kshitijnt
04-25 09:33 PM
New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
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visshy
09-15 12:52 PM
so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?
her company is a US based company not desi consultant
exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?
her company is a US based company not desi consultant
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immihelp1
10-12 09:57 AM
you can show either passport or driving licence. They won't ask anything in specific.
It's your call
Thanks,
It's your call
Thanks,
suryamnb
12-03 10:23 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Thank you.
Thank you.
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08-10 05:15 PM
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GCWhru
03-26 02:10 PM
Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
more...
pani_6
07-06 11:44 PM
If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
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Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
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simple1
10-07 03:36 PM
Enlighten us about your mutiple company stint in L1B visa.
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
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MrDesi
02-07 04:36 PM
you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.
Hello , Basically i was working in company B for a long time and they applied GC. Then I shifted to comp A and filed labor recently.
The company B was not doing good and for safety sake applied GC in company A also
Regards
Hello , Basically i was working in company B for a long time and they applied GC. Then I shifted to comp A and filed labor recently.
The company B was not doing good and for safety sake applied GC in company A also
Regards
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desi3933
02-09 01:55 PM
.....
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
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GCFrenzy
05-12 09:19 AM
The law in question in Arizona was SB 1070. When it passed, I was an immigrant resident of that state.
When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:
We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
Pretty clear.
..................................
Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (http://www.huffingtonpost.com/robin-koerner/a-legal-immigrants-take-o_b_860273.html)
When I received my greencard two years ago, I was sent a letter from the Department of Homeland Security -- the same letter that is sent to thousands of new immigrants every week -- from which I quote:
We will soon mail you a new Permanent Resident Card... When you receive your card, you must carry it with you at all times if you are 18 older. It is the law.
Pretty clear.
..................................
Robin Koerner: A Legal Immigrant's Take on Illegal Immigration (http://www.huffingtonpost.com/robin-koerner/a-legal-immigrants-take-o_b_860273.html)
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feedfront
10-16 03:03 PM
I used AP first time to enter. I had to go thru 2nd inspection where I was instructed to sit and after 15-20 mins, I got my AP back with stamped. I had applied for H1B visa also in India and it got stuck into 'administrative processing'. After extending my stay by 1 week, my employer/attorney suggested to use AP to enter. I did not had any issue @SFO POE even though my visa application is still under 'administrative processing'.
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TDF PHOTOGRAPHY
November 22nd, 2005, 02:28 AM
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coopheal
11-18 06:49 PM
Amazing progress NSC from July 04 - > July 05 :D
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
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Honda
09-03 01:21 PM
All Charge-ability Areas Except Those Listed CHINA- mainland
born INDIA MEXICO PHILIPPINES
Employment-based
1st C C C C C
2nd C 08JAN05 08JAN05 C C
3rd U U U U U
Other Worker U U U U U
4th U U U U U
Certain Religious
Workers U U U U U
5th C C C C C
Targeted Employ-
ment Areas/
Regional Centers C C C C C
If the priority date is "U" how come you are expecting the Green cards?
born INDIA MEXICO PHILIPPINES
Employment-based
1st C C C C C
2nd C 08JAN05 08JAN05 C C
3rd U U U U U
Other Worker U U U U U
4th U U U U U
Certain Religious
Workers U U U U U
5th C C C C C
Targeted Employ-
ment Areas/
Regional Centers C C C C C
If the priority date is "U" how come you are expecting the Green cards?
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kshitijnt
07-17 12:44 PM
I am pretty happy with this result. USCIS must be held accountable to a reasonable extent. We are not paying their retirement plans for free with endless pockets.
zCool
04-01 05:34 PM
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
cherupally
09-05 11:37 AM
Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..
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