dhesha
12-16 04:29 PM
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska
I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska
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ImmigrationAnswerMan
07-19 01:09 AM
Yes, but if you file them both at the same time it gets complicated controlling which one will be the final status you end up in.
It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.
It is probably better to file for one, with premium processing, and then if it is denies, file for the other. But, that may not be an option if you are running out of time on your I-94.
morchu
05-04 02:42 PM
No the H1B doesn't become INVALID.
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
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hersheygaile
09-09 11:26 PM
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
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jayleno
02-14 08:42 PM
I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
HV000
09-17 08:08 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
You can call USCIS if you don't receive the FP NOTICE by the end of this month.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
You can call USCIS if you don't receive the FP NOTICE by the end of this month.
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krishnam70
02-17 06:59 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
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ilikekilo
05-04 09:54 AM
Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?
post this Q on the lawyer forum someone might respond for FREE :)
post this Q on the lawyer forum someone might respond for FREE :)
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Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
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GCSOON-Ihope
10-17 09:56 AM
Assuming I filed for I-485 before the retrogression mess.
Thanks!
A co-worker and I applied together at exactly the same time.
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:
Thanks!
A co-worker and I applied together at exactly the same time.
We got approvals for LC and I-140 within weeks of each other.
Now, our PD became current in September 2006, he got approved a few days ago and...I found out I am stuck in the name check shit!
FYI, his name is extremely common and mine is extremely rare (in my entire life, I have never met someone with the same name!), so go figure...:confused: :confused: :confused:
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angelfire76
12-06 01:19 PM
The only language indigenous to India on the list of translators seems to be Punjabi. As far as I know the place where they might place you would be in NWFP in Pakistan. Do you really want a green card at that cost? :rolleyes:
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tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
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eastindia
05-18 12:55 PM
I thought about it again and think everyone has the right to post on forum as much as you. If IV does not like it, they will delete it. If you do not like a thread do not read it. Who is forcing you to read a thread? If you want to read something specific to your interest, there is a nice website I found recently. It is called 'Google'. All you have to do is type a keyword and Google will give you back thousands of websites of your interest for free. Isn't this amazing?
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myan88
03-29 10:29 PM
I need help on my 140 filings. My situation is:
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
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h1bjava
03-20 02:08 PM
Hi Coolpal,
Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.
Thanks.
Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.
Thanks.
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rockstart
07-02 03:17 PM
Have you seen any 2008 case getting approved before 2007.
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
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Alabaman
09-07 12:20 PM
Please delete this thread... it is off topic and irritating.
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coolpal
03-20 09:21 AM
Hi,
I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(
I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:
I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:
pal :)
I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(
I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:
I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:
pal :)
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SlipperyGC
03-28 06:26 PM
Maybe this is something we can propose.
tdasara
02-08 10:38 AM
20k quota for 80k foreign students?? Where do the rest go?
Most students apply under the regular quota to make sure they have a visa after their OPT...
One can apply under the 20k quota only when they have the degree. Many students postpone their graduation and directly get into the regular H1b pool
Most students apply under the regular quota to make sure they have a visa after their OPT...
One can apply under the 20k quota only when they have the degree. Many students postpone their graduation and directly get into the regular H1b pool
larmani
10-26 01:50 PM
I am not sure about 1 week prior to appt they will allow or not. If you have real valid reason you may try talk to the officer(not the guard) and explain the situation. Kids are allowed. Our daughter is citizen and we took her with us.
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