ilwaiting
02-15 07:50 AM
Very funny, lol
I think Pres Bush is asking the same question.....Seems like you guys have something in common :D
I think Pres Bush is asking the same question.....Seems like you guys have something in common :D
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nk2006
10-09 04:00 PM
As far as H-1, I don't understand: wont you need an H-1 transfer from your new employer, in that case the 3 yr extension will come from him, so it shouldnt matter if your old employer revokes I-140, since anyway you are planning to restart gc process.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
jindhal
08-11 02:03 PM
My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
This is not similar to the Op's case. Your case was transferred to the texas processing center because that center processes all cases from the north east or the eastern state, the op's case was transferred to a local uscis office,
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
This is not similar to the Op's case. Your case was transferred to the texas processing center because that center processes all cases from the north east or the eastern state, the op's case was transferred to a local uscis office,
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lacrossegc
07-11 03:00 PM
http://www.hammondlawfirm.com
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
What does this mean for foreign nationals who planned on filing I-485s in July 2007?
HLG recommends that all foreign nationals who planned on filing I-485s in June take two actions:
1. Have your medical appointments completed. Medical appointments can back up quite quickly. Therefore we urge people to complete their medicals.
2. Send in your documents to HLG. HLG�s I-485 Step By Step Guide has a list of documents that we need for all I-485 filing. HLG will not begin preparing the I-485 at this time, but we still recommend that you send us all of the items on the list.
HLG I-485 Step By Step Guide: http://www.hammondlawfirm.com/485step_by_step.htm
What does this mean for foreign nationals who planned on filing via Consular Processing?
We urge all foreign nationals to attend consular appointments. The Consulates are clearly issuing visa stamps to those with appointments.
HLG has confirmed that the CIS is not returning I-485 Applications back to those who filed I-485 during the first week of July. This is leading many to speculate that the CIS may reverse course and re-re-amend the July Visa Bulletin; whether the Visa Bulletin actually reopens remains to be seen. HLG normally refrains from commenting on rumors, but we have talked to several Washington insiders and believe that this is seriously being considered.
What does this mean for foreign nationals who planned on filing I-485s in July 2007?
HLG recommends that all foreign nationals who planned on filing I-485s in June take two actions:
1. Have your medical appointments completed. Medical appointments can back up quite quickly. Therefore we urge people to complete their medicals.
2. Send in your documents to HLG. HLG�s I-485 Step By Step Guide has a list of documents that we need for all I-485 filing. HLG will not begin preparing the I-485 at this time, but we still recommend that you send us all of the items on the list.
HLG I-485 Step By Step Guide: http://www.hammondlawfirm.com/485step_by_step.htm
What does this mean for foreign nationals who planned on filing via Consular Processing?
We urge all foreign nationals to attend consular appointments. The Consulates are clearly issuing visa stamps to those with appointments.
more...
WeShallOvercome
07-19 03:20 PM
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
I have my canadian PR approved and have until Octber 1st to land. I hope my lawyer will get the receipt notice by then. I don't want to lose my Canadian PR and will have to travel to Canada before Oct 1st.
I'll send my employer the proof of my Canadian PR. He kinda already knows that I have Canadian PR and have to land shortly.
Hopefully they'll give it to me on that request.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
I have my canadian PR approved and have until Octber 1st to land. I hope my lawyer will get the receipt notice by then. I don't want to lose my Canadian PR and will have to travel to Canada before Oct 1st.
I'll send my employer the proof of my Canadian PR. He kinda already knows that I have Canadian PR and have to land shortly.
Hopefully they'll give it to me on that request.
GC_Waiter_2000
07-12 12:33 PM
BTW, When do we expect the VB for AUG? It is almost 2:00 PM EST :mad:
more...
mygc2006
03-25 12:44 PM
H1 ext Applied : Nov 4th 2007
Approved (for 3 years): Mar 24th 2008
this is my 8th year extension
Approved (for 3 years): Mar 24th 2008
this is my 8th year extension
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gc_on_demand
09-22 01:18 PM
Let us keep Optimism and keep trying. So think positive and hope for results to be positive also.
I dont see same info at given link ? did they take it out ?
I dont see same info at given link ? did they take it out ?
more...
BharatPremi
07-11 11:00 PM
http://www.irs.gov/individuals/article/0,,id=96304,00.html
I think Acceptance agents are different than the IRS authorized banks. Agents would merely accept W-7 forms... Where as bank would accept W-7 froms to open a chacking a/c or savvings a/c. More light on acceptance agents would be appreciated.
I think Acceptance agents are different than the IRS authorized banks. Agents would merely accept W-7 forms... Where as bank would accept W-7 froms to open a chacking a/c or savvings a/c. More light on acceptance agents would be appreciated.
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nc14
09-22 02:13 PM
Let's hope 2008 is the lucky year for us :)
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Religiously follow IV initiatives.
Proud to be an IVian.
paskal back on the forum. That itself is a positive sign :D
.................................................. ............
$500 + $25 recurring
Religiously follow IV initiatives.
Proud to be an IVian.
paskal back on the forum. That itself is a positive sign :D
more...
smisachu
09-19 02:30 PM
Swede, Thank you. We need more people like you.
And to think of it so many people who could come to the rally, who are struck in the logjam and should come to the rally, did not come. It is a shame!!
It goes to show that IV represents everyone and not just Indians or Chinese. I am proud of all the Brits and other Europeans who not only joined the fight but led it from the front.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
And to think of it so many people who could come to the rally, who are struck in the logjam and should come to the rally, did not come. It is a shame!!
It goes to show that IV represents everyone and not just Indians or Chinese. I am proud of all the Brits and other Europeans who not only joined the fight but led it from the front.
I was the guy from Sweden. I agree with the Russian student.
The reason I was there was because my green card process was a painful and stressful experience for 5 years. And I was still one of the lucky ones! I don't want to put anyone through the same agony, not even my worst enemy. I really feel for the people still stuck in the mess.
I talked to a Polish guy who had been here 9 years fully legally and could not leave. He had not seen his family in 9 years and did not want to risk going back just in case they would not approve his H1B in his home country. They are very strict there it seems, because none of his family members or friends could not even get a tourist nor visit visa to see his graduation. Shocking!
I was glad I showed up at the rally just to hear all the peoples' stories.
Most people who did not show up probably think they are ok after applying the i485. They will join IV rallies, when they realize how wrong they are. People have applied for i485s years ago and still don't have a green card...
You are in trouble until you get your green card in your hand.
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sanju_dba
08-04 12:19 PM
Kumar1,
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.
more...
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Munna Bhai
06-10 03:20 PM
I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Nov 2004 and my 140 is applied in EB3 1st May 2007 and still now no updates..just waiting..waiting waiting..
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Nov 2004 and my 140 is applied in EB3 1st May 2007 and still now no updates..just waiting..waiting waiting..
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NO_Free_Rider
07-10 10:19 PM
Murthy gave this link, about our flower power. Looks like she was selective about this news to avoid IV's name.
http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1
Even this yahoo link had our name though the name is not entirely correct!
http://in.news.yahoo.com/070710/48/6hwnn.html
Mathew Oh & Greg Siskind are all full praise of us!
http://murthy.com/ailf_lawsuit.html
http://news.yahoo.com/s/nm/20070710/pl_nm/usa_immigration_indians_dc_1
Even this yahoo link had our name though the name is not entirely correct!
http://in.news.yahoo.com/070710/48/6hwnn.html
Mathew Oh & Greg Siskind are all full praise of us!
http://murthy.com/ailf_lawsuit.html
more...
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nlssubbu
10-05 11:06 AM
I vaguely remember a discussion several months ago on the forum about people that have gone back to their home countries after having waited for their green cards.
We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.
Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
Two of my colleagues went back to India after facing GC hurdles. Among the two one is Phd in Atomic Science and Computer Science and lead a group of people and another is a Project Leader.
In the first one's case it took more than 4 years for him to clear his labor and got frustrated by this process. He initially sent his family back to home because of uncertainty. That created more hurdles for him as well as his family could not able to get AP in time and he is nearing completion of his 6 year H1 as well. Eventually he decided to pack his bag and went back to his home country, setup a big business and now visiting US on business Visa and take some of the jobs from here to there :)
[Side note: His approved LC remains unused at the company end even now, but finding a suitable person seems to be an uphill task for the Management and HR]
In the second one's case his labor took almost 5 years to clear and having frustrated, he decided to go back as well. He does not want hang in a place where a decision cannot be given in a timely manner. He got some special technical skills and his roll is now being replaced by 2 people. He also went back to his home country, joined a big IT firm as a Director and getting more jobs to be outsourced there :)
In both the cases, US is a clear looser by not taking advantage of the skill sets they have.
If you need more information in specific kindly send me a PM to respond you back.
Thanks
We have a media interview opportunity and need to find such examples. I remember an instance about a person going back to Bombay after he had immigration issues. He had set up his company there. Such people who could have helped US economy and growth will make a compelling story.
Pls. let me know urgently of any such cases and I will follow it up. This is required today and we have a short time window.
Two of my colleagues went back to India after facing GC hurdles. Among the two one is Phd in Atomic Science and Computer Science and lead a group of people and another is a Project Leader.
In the first one's case it took more than 4 years for him to clear his labor and got frustrated by this process. He initially sent his family back to home because of uncertainty. That created more hurdles for him as well as his family could not able to get AP in time and he is nearing completion of his 6 year H1 as well. Eventually he decided to pack his bag and went back to his home country, setup a big business and now visiting US on business Visa and take some of the jobs from here to there :)
[Side note: His approved LC remains unused at the company end even now, but finding a suitable person seems to be an uphill task for the Management and HR]
In the second one's case his labor took almost 5 years to clear and having frustrated, he decided to go back as well. He does not want hang in a place where a decision cannot be given in a timely manner. He got some special technical skills and his roll is now being replaced by 2 people. He also went back to his home country, joined a big IT firm as a Director and getting more jobs to be outsourced there :)
In both the cases, US is a clear looser by not taking advantage of the skill sets they have.
If you need more information in specific kindly send me a PM to respond you back.
Thanks
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MrWaitingGC
06-25 02:05 PM
Thanks for your response ...
I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...
My question is what will be one's status after filing I485?
For adjustment of status you should be in a Valid H1. If you get your EAD before Setp 16th then you can use this to work and you are safe. If you dont get EAD you are basically out of status. So I suggest get your H1 Renewed Right away using Premium or regular processing.
Again this is my analysis check with your lawyer.
I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...
My question is what will be one's status after filing I485?
For adjustment of status you should be in a Valid H1. If you get your EAD before Setp 16th then you can use this to work and you are safe. If you dont get EAD you are basically out of status. So I suggest get your H1 Renewed Right away using Premium or regular processing.
Again this is my analysis check with your lawyer.
more...
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satish_hello
07-19 02:17 PM
Hi ,
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
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desi3933
03-19 05:49 PM
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
Read for yourself and get en-lighted.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
[From the pdf link]
...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.
I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear
Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.
________________
Not a legal advice.
Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
Read for yourself and get en-lighted.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
[From the pdf link]
...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.
I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear
Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.
________________
Not a legal advice.
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HV000
02-28 09:44 PM
Thanks guys!!
I have enough vacation time with my company. Is it possible to use the vacation time with the company and stay on H1B Status UNTIL i find a new job??
I have enough vacation time with my company. Is it possible to use the vacation time with the company and stay on H1B Status UNTIL i find a new job??
go_gc_way
05-24 02:00 PM
Sent Fax
masaternyc
01-23 10:59 PM
Do u all work in software only???
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