casinoroyale
03-18 09:40 AM
I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
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jfredr
06-15 02:24 PM
I will check with them
number30
10-15 02:57 AM
What is your priority date? If it is current apply for CP immidiatly. It is quick. Student visa is illigal with the intent you have.
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andy garcia
01-22 02:33 PM
nixstor;
In this link How Do I Use the Premium Processing Service?
(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) there is the following information:
In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
In this link How Do I Use the Premium Processing Service?
(http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) there is the following information:
In addition and at no additional cost, USCIS will strive to provide faster processing of Form I-539 applications filed by or on behalf of dependents of the principal beneficiary of a petition for which Premium Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.
more...
Templarian
03-31 01:14 PM
Dang I went to class and get back now "Find Hidden Word" jumped up 3 votes. :trout:
At least I'm not tied for 4th anymore.
At least I'm not tied for 4th anymore.
santb1975
02-11 11:39 PM
While NolaIndian plays the PM. This could be "The IV Fundraising Event" of 2008. It should be lot of fun
Sure - great - lets get this to work :)
Sure - great - lets get this to work :)
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eyeopeners05@yahoo.com
09-17 02:21 PM
How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.
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arupkumarsaha
02-23 07:53 AM
Even mighty economist prints article saying that immigration reform is knocking at the door , am not sure without a paid subscription whether u can read this , am positng the link and cannot copy paste the article as that will surely be a copyright violation . http://www.economist.com/world/na/displaystory.cfm?story_id=8746356
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matreen
08-05 06:49 AM
IAF - You mean you files your eb2 case with three year degree?
When did you file? did you labor approved?
could you give me an example, how you changed your role and responsibilities for eb2?
If your eb2 gets denied, hope you have eb3 keep running as it is right?
Did you file your eb2 with same employer who filed your eb3?
Thanks in advance for your answers.
Thanks,
Matt.
Just go far it.
I am in Q and let the form know when it is through.
When did you file? did you labor approved?
could you give me an example, how you changed your role and responsibilities for eb2?
If your eb2 gets denied, hope you have eb3 keep running as it is right?
Did you file your eb2 with same employer who filed your eb3?
Thanks in advance for your answers.
Thanks,
Matt.
Just go far it.
I am in Q and let the form know when it is through.
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nosightofgc
10-07 01:17 PM
No LUD Update (NSC) for the last 2 days after FP. But EAD card has been ordered. Its very difficult to predict how they operate.
Yep. I agree. For me and my wife, I saw LUDs the next day of finger printing. Don't know what this is. I don't know why the hell in the world they cannot post this information on their web site. Of course it can be confidential information, but they can create a system with very good authentication for that. May be they just don't want to share information?
Yep. I agree. For me and my wife, I saw LUDs the next day of finger printing. Don't know what this is. I don't know why the hell in the world they cannot post this information on their web site. Of course it can be confidential information, but they can create a system with very good authentication for that. May be they just don't want to share information?
more...
champu
03-12 07:04 PM
Friends,
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
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Winner
05-01 03:47 PM
Can someone check to see if this is still the case?
Thanks
Are you the admin of site? is it your blog?
Thanks
Are you the admin of site? is it your blog?
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kramac01
08-24 11:15 AM
We got our EAD in the mail today - We are late June filers (29th June) and got our receipt numbers last week, - I have some q's-
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
Hi,
I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
My service center is Nebraska. Please reply.
-Can one get EAD without completing FInger printing? In the finger priniting colum on the EAD it says - not available, Would that matter?
-How does one activate his/her EAD?
-Have any other late june filers already got their EAD?
Thanks
Sheetal
Hi,
I have a question. Did u see any LUDs in the USCIS website before you got EAD? I got FP notice but i didnt see any LUD change. I am also waiting for EAD.
My service center is Nebraska. Please reply.
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indyanguy
07-13 03:40 PM
Where is the August Bulletin? I am just tired of refreshing the VB archive for the August Bulltin.
ya, where is it???
ya, where is it???
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JunRN
01-10 05:10 PM
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
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lacrossegc
01-07 08:24 PM
After Enron collapsed the auditing firm also went down for shredding the docs ... I bet PWC's shredding machines are working overtime right now.
I would bet that Satyam would be barred/ delisted shortly from nasdaq. SEC will surely take some action.
In a publicly traded company, it is almost impossible for one individual to siphon money.
I guess what might have happened here is, Satyam might have faced falling revenues year-on-year. In a sector, where each competitor is reporting 40% profits, to keep upto the performance of sector, they might have been pressured to falsify their revenues.
Now what i am unable to understand is, how come an esteemed audit org like PWC could cover up or fail to findout discrepancies. Either the auditors were stupid and overlooked, or Mr Ramalinga Raju covered up the tracks very well.
In the end it all hurts the stock holders and the employees. This one is going to go down big time in our history, and i bet its going to change the landscape of our IT services sector.
I would bet that Satyam would be barred/ delisted shortly from nasdaq. SEC will surely take some action.
In a publicly traded company, it is almost impossible for one individual to siphon money.
I guess what might have happened here is, Satyam might have faced falling revenues year-on-year. In a sector, where each competitor is reporting 40% profits, to keep upto the performance of sector, they might have been pressured to falsify their revenues.
Now what i am unable to understand is, how come an esteemed audit org like PWC could cover up or fail to findout discrepancies. Either the auditors were stupid and overlooked, or Mr Ramalinga Raju covered up the tracks very well.
In the end it all hurts the stock holders and the employees. This one is going to go down big time in our history, and i bet its going to change the landscape of our IT services sector.
more...
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hopefullegalimmigrant
04-18 10:08 PM
I am really not into my own/ or any one particular case. We need to start reignite an awareness for legal immigration overhaul. Does not matter what one's priority date is.
C'mon guys what ever has happened we need to reignite and restart the immigration torch
What can be done/ What needs to be done.... Lets do it
Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now
C'mon guys what ever has happened we need to reignite and restart the immigration torch
What can be done/ What needs to be done.... Lets do it
Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now
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sk2009
03-25 11:56 AM
17th Feb LUD is for everyone that is system update
my case
applied on 14th Nov 2007( 8th Yr ext Vermont Regular Processing)
Soft LUD on 17th Feb 2008
LUD on 7th March with Approved status
Thanks
my case
applied on 14th Nov 2007( 8th Yr ext Vermont Regular Processing)
Soft LUD on 17th Feb 2008
LUD on 7th March with Approved status
Thanks
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greenrohit
03-31 09:20 PM
Done
dvb123
12-03 07:31 PM
I think it will effect cases that are not adjudicated also. However u better check with ur lawyer.
cygent
02-11 05:22 PM
About the process control (one of my fav. subjects :p)
But seriously folks, let us not waste energy on this thread. There are tasks at hand which more need our attention.
It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
But seriously folks, let us not waste energy on this thread. There are tasks at hand which more need our attention.
It i svery hard to make predictions because of the possible distortion in the trend due to the new NC>180 day rule.
If you know Process Control, we need to wait for it to settle down for at least 2 more months (by June) before the trend starts to normalize.
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