ski_dude12
05-04 02:51 PM
So is it safe to assume that the extended H1B will not get invalidated even though the basis of extension was approved I-140 + pending I-485 and later the I-485 got denied.
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
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ndialani
11-19 03:42 PM
2 weeks back , An agent from Homeland security came to visit my office and spoke to my Employer and me . He wanted to make sure , i work there and everything is true.
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
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swaroopmukka
07-24 06:04 PM
My Labor has been approved around May 20 2007 and my employer received a letter from DOL stating the same, but the Lawyer says he never got the original Labor certificate. Now I've to file my 140 and 485 together and my lawyer is saying that he'll contact DOL and see what's going on, but he says that we can file 140 and 485 concurrently with the piece of evidence we have (the letter from DOL to my employer saying that my labor has been approved).
Will it be any problem with USCIS if we proceed this way ??
Will it be any problem with USCIS if we proceed this way ??
more...
gc_chahiye
07-09 04:25 PM
ok.. what about july 2nd filers...have i filed or not filed?
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
darslee
07-11 12:56 AM
I salute you guys!
more...
waitin_toolong
11-21 10:32 AM
yes
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kams
08-08 04:40 PM
Damn, I am in the same boat! PD Dec 2004 RD July 27 2007.:mad:
more...
jasmin45
07-23 08:11 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
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sonu9
08-01 12:21 AM
HI , first of all thank you for spending some time on my problem.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
more...
spgtopper
02-03 09:41 PM
helpful_leo,
I really appreciate your urge and energy for this. We need more and more people like you as volunteers.
I read section 313. I agree with logic life. You should have the ability to transfer to F4.
It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.
If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.
Meanwhile, see if this helps:
313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."
The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)
So, what is the problem?
S.
I really appreciate your urge and energy for this. We need more and more people like you as volunteers.
I read section 313. I agree with logic life. You should have the ability to transfer to F4.
It is not fair to assume that the legislation is not favourable for "current" students. Does it clearly say that? No. So, don't assume either way.
If you want to be very sure, you can call your senator's and congressman's office (of those who endoresed/creeated the bill), and talk to a person handling immigration matters or specifically this bill. Confirm your belief/assumptions and then write letters etc.
Meanwhile, see if this helps:
313: "Creates a new "F-4" student visa for doctoral candidates studying in the fields of..."
The word new refers to the visa and NOT the student. And, "studying" in implies current students. :-)
So, what is the problem?
S.
hot Suzuki had earlier honed the
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.
more...
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drirshad
08-08 04:35 PM
I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.
If we do not solve this problem we could be lingering in CSC for years.
If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.
Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.
http://www..com/discussion-forums/i485-1/168256035
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nixone
05-05 04:55 PM
You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.
If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!
If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!
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funnymdguy
11-16 12:36 PM
Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.
Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?
Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?
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rockstart
08-12 01:35 PM
There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.
Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details
Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details
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rajpatelemail
02-12 12:37 PM
If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
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sshrika@gmail.com
10-15 10:17 PM
Hi mattresscoil,
<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
>>>>>>>>>>>>>>..
I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?
Thanks
<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
>>>>>>>>>>>>>>..
I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?
Thanks
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mk6
07-17 06:58 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
starscream
06-04 01:26 PM
This is what I got from the below link
http://www.tradingmarkets.com/.site/...0News/2359471/
Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.
Provisions related to Employment based Greencards:
*Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.
* Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.
This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%
Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:
Let the EB folks live this same life?
God knows...
http://www.tradingmarkets.com/.site/...0News/2359471/
Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.
Provisions related to Employment based Greencards:
*Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.
* Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.
This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%
Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:
Let the EB folks live this same life?
God knows...
diptam
07-01 03:21 PM
The expenses are definitely required - i probably did more renewals and visas than you but that was borne by my H sponsor employers in all cases. Why did you pay on your own ?? Generally peoples who gets paid in Bill rate and make very good money they pay on their own and they don't care 20-25K given the enormous money that they made in 6+ years of H clock.
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
Regarding GC - my employer paid LC fees, 140 fees and i picked up the fees for 485/EAD/AP because i wanted control on the AOS. I dont want RFE letters to go my employer or their pet lawyer when i've ported off to somewhere else.
Push your employer - why they are called sponsors in H1 based immigration system ?
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
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