roseball
07-27 12:43 AM
I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
So there are 2 I-140's with the USCIS.
Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.
Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.
Infact I recently travelled to india and came back on Advance Parole before all this denial happend.
Now, I filed my H1B extension , What will happen to the H1 extension ?
and What is my status now?
Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?
Any help would appreciate
Thanks
Reddy
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
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nicpearcenrs
03-19 04:25 AM
Hai
These conversations are very good. In my experience recently one of my friend went on USA on H1B visa. On the time of stamping he faced some difficult in Chennai. But another friend got visa easily in Hyderabad. I think that for H1B visa Hyderabad is easy to get stamping.
.................
Nic
Payroll India (http://www.topsyssolutions.com)
These conversations are very good. In my experience recently one of my friend went on USA on H1B visa. On the time of stamping he faced some difficult in Chennai. But another friend got visa easily in Hyderabad. I think that for H1B visa Hyderabad is easy to get stamping.
.................
Nic
Payroll India (http://www.topsyssolutions.com)
abheja
08-25 03:40 PM
Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(
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485Mbe4001
11-29 03:49 PM
Get a syllabus booklet from your university. if you attended a 4 year course they will send you 1 booklet for each year which describes the required courses and the course content in detail. Send this with your reply to the RFE, refer to the pages where they mention the course content and graduation requrements. A friend of mine did this 6 years back for his RFE and was approved. The problem was that the transcript mentioned math but USCIS had not idea of the level of math at the university (yours could be similar...just guessing).
The other option could be to get your transcripts evaluated by a third party.
The other option could be to get your transcripts evaluated by a third party.
more...
sabudanawada
03-07 03:41 PM
bump
gcgreen
07-18 02:19 PM
If you really think about it, it is a fair business price. Remember, the lawyer gets all his money by billing clients like you. He has to figure in his establishment costs such as rent, employee salaries, insurance, etc. Add to that the unpredictability of future business (e.g., if he gets work only for 10 days of the month, he still has to pay salaries to staff for the whole month), taxes (including soc. security, medicare, etc. that he has to pay for himself and for staff) and the risk of liability (e.g. what if you sue for malpractice?) and you get the high price.
Of course, it is a market economy, and people can always choose a better and cheaper source for the service. But at some point you will hit bottom, below which the business will be a loss maker, and this bottom will still be high for many!
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
Of course, it is a market economy, and people can always choose a better and cheaper source for the service. But at some point you will hit bottom, below which the business will be a loss maker, and this bottom will still be high for many!
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
more...
ramreddy
12-26 07:51 AM
Just out of curiosity how is it that you got an approval in Sep 09 with your priority date? I too am keen to know , assuming your PD is 08-05 as indicated above
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java4yogi
09-03 04:12 PM
We have the 797 approval with us now. I'll try to checkout if we can apply for the SSN.
Thanks a lot guys for responding so quickly.
Thanks a lot guys for responding so quickly.
more...
subarashi_indo
11-30 12:26 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
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njboy
07-24 03:29 PM
we've asked for changes which require laws/amendments to be enacted.This has so far, not got us anywhere. What about asking for more liberal interpretations of the present laws? This can be done with something as simple as a memo sent by USCIS director. What can we ask for-
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
more...
Kodi
07-14 12:28 PM
I was looking at the discription but couldn't figure it out. Which category does parents fall into? Does anyone know hot long it takes for parents to receive GC under ROW?
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surabhi
08-15 08:33 AM
I think it can actually create huge heartburn. This is not intended to allow filing I-485 before PD is available. Rather it is to introduce one more hoop to jump over. Now I-485 will be "By invitation" after you successfully complete pre-screen.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
more...
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satish_hello
09-11 02:08 PM
My case is transfered to from NSC to CSC on 09/07, California Service center.
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
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mgmanoj
08-27 06:21 PM
He has 20 years experience means 13 + 9 years of experience will make bachelors equivalent and 10 years of experience.
Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?
Will the job requirement saying bachelors equivalent + 10 year experience will qualify as EB2 ? rather than masters or bachelors plus 5 years ?
more...
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capriol
05-15 04:15 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
Dear Shidsar:
this is more of a question for you: Are you then one of the lucky ones from EB2-I to have got your GC when PD's became current for a brief while last year? Lucky you.
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sdrblr
10-11 05:30 PM
Just write to your state DOL and they will take care after that. You might have to provide some proof for them to start investigation. Make sure you have a plan B with regards to work and status if things go south.
more...
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ganguteli
06-02 11:31 AM
Recently, I made my own PP photos using http://www.epassportphoto.com/
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
Wow that is so Great!!!!!! You saved $40.
Now how about contributing it to IV?
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
Wow that is so Great!!!!!! You saved $40.
Now how about contributing it to IV?
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EndlessWait
06-29 10:53 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
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GCard_Dream
04-09 01:12 PM
Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.
485Mbe4001
09-27 01:45 PM
I suggested the same when i met with the congressmen. There should be a MAXIMUM processing limit, it is unfair to suck our blood till eternity. They understand but cannot do anything without a consensus.
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
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