pappu
04-14 07:45 AM
We have a call today @ 7 PM EST if someone wants to send questions/be in the call.
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katrina
01-24 12:25 PM
just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.
http://www.usvisahelp.com/art_consprocess.html
Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.
go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
find the statement that can back your case.
Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.
Hope this help :) good luck
I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.
FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?
Please help and Big thanks
On contrary if you chose CP you have to maintain your status until your greencard get approved. Try to read this link it give a detail that if you choose CP it suggest to keep your H1b in case your greencard not get approved you still be able to get back to united states.
http://www.usvisahelp.com/art_consprocess.html
Since your HR believe your lawyer more than you, what you can do is do your homework by research on the internet find the written proof that stated you can extend your H1b visa after your submitted your I-140 more than a year (pending labour certificate more than a year ) and after your I-140 get approved you can extend it up to 3 year.
go to uscis web ( http://www.uscis.gov) or yates memo regarding H1b Extension ( http://www.murthy.com/news/UDh121st.html)
find the statement that can back your case.
Then get a second opinion from a prominent lawyer, paid the fee for 1 hour consulation and ask your HR to talk to the lawyer directly then contest your current laywer back after all information gathered and asked him/her why she still said that you can't extend your H1b if you submit your I-i140 now.
Hope this help :) good luck
TomPlate
03-07 10:41 AM
hello;
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
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krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
more...
coopheal
11-02 01:51 AM
Contributed $100 for Nov.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
lyiu18
02-22 07:04 PM
I have similar question about EB2 and experience with current employer
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
more...
satyachowdary
06-01 12:10 PM
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
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eb3_nepa
06-22 09:16 AM
Agree.
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
When you say
Proof that person is maintaining valid status in USA since last entry in USA
What documents prove that exactly?
Initial Evidence for I-485 includes
1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
2. Employment Letter (for GC job)
3. Proof that person is maintaining valid status in USA since last entry in USA
Not a legal advice
----------------------------------
Permanent Resident since May 2002
When you say
Proof that person is maintaining valid status in USA since last entry in USA
What documents prove that exactly?
more...
roseball
09-15 06:15 PM
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
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canleo98
01-11 06:44 PM
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.
Can extension for H1B be applied for three or one year if Labor is approved under PERM in a week and I-140 is applied and pending for approval.
more...
legal_la
07-17 08:10 PM
So, are we again planning to send flowers or thank you card to Emilio
They are clearing the mess they have created. I agree not many people correct their mistakes, people who do, should be noticed. But that is all we should do.
If not for our fight and raising our "voice" they would never would have even considered it.
So if I were you I would just say thank you to him and instead of spending the money for greeting cards or flowers to emilio, I would be donating it immigrationvoice which will help our voice grow even stronger.
They are clearing the mess they have created. I agree not many people correct their mistakes, people who do, should be noticed. But that is all we should do.
If not for our fight and raising our "voice" they would never would have even considered it.
So if I were you I would just say thank you to him and instead of spending the money for greeting cards or flowers to emilio, I would be donating it immigrationvoice which will help our voice grow even stronger.
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mmeshref
12-02 05:55 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
more...
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lermitthefrog
06-15 02:41 PM
WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)
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hibworker
08-23 11:28 PM
When the primary files I-485 AOS application, the spouse and minor children are also allowed to file AOS if they are physically present in US in a legal status. It is irrelevant if they are on H4, F1, B1 etc.
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rotucan
12-12 06:16 PM
I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o
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zimmyneuro
06-23 07:13 AM
Thank you for all support.
best, zimmyneuro
best, zimmyneuro
more...
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dtekkedil
07-02 11:50 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
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walking_dude
11-13 10:26 AM
Congrats Texas on reaching 100. Hope you guys reach 1000 soon.
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ilikekilo
07-18 10:40 AM
Really makes me feel awful when I come across someone who is waiting since 2001 for labor.. This system is seriously broken.. I myself had to wait for over three years to get my labor, and I know how frustrating it is.. I have two friends with priority date older than mine, and they are still stuck in labor. Very depressing. I wish and hope the *&$%!*#@ at Philly and Dallas get their act together and there is a flurry of labor approvals in the next few weeks..
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
ganguteli
03-02 03:34 PM
Its pathetic that nobody is looking at this thread. IV should not be wasting its time and effort on people who are ungrateful and do not value it. They are more happy picking up fights with each other and spending time on threads that do not do any help
rameshk75
02-12 03:14 PM
Am working for a GC sponsoring company and applied for 485 in August 2007 and received EAD, AP etc...
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
