Reddy1576
07-27 12:03 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
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
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funny
08-13 01:19 PM
Hi Funny,
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
snathan
08-25 06:15 PM
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.
You are not even supposed to involve in any of the PERM process. Its plain illegal. only your employer should handle it.
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redcard
03-03 01:42 PM
USCIS has withdrawn the 180 name check pending policy for name check.
http://www.immigration-law.com/
http://www.immigration-law.com/
more...
k94
11-17 09:31 AM
This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.
mheggade
07-18 03:50 PM
i was reading http://www.immigration-law.com/Canada.html just now,
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
1) Yes, 140K includes primary applicant,spouse and minor children.
2)It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
and I know that each year only 140000 green card is allocated for EB category.
I have several question regarding this number/quota:
1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?
2. I keep hearing of this 7% cap for each country, what does that mean ?
does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)
thanks in advance :D
1) Yes, 140K includes primary applicant,spouse and minor children.
2)It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
more...
TomPlate
12-03 12:27 PM
After an 2 years assume the project that I worked is closed. Initially the greencard was filed related to a requirement in the project. I got approved after 3 years. Since the project is closed, I cannot work on the project that was initially filed on Green card.
Now Explain me what we should do?
Now Explain me what we should do?
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santa123
07-22 07:40 PM
I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
more...
qplearn
10-02 03:06 PM
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
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forgerator
03-06 01:16 AM
Sorry, unfortunately H1B is biased towards skilled labor. Your major unfortunately does not fall in that category as such. When I say skilled, I'm talking about the sciences, finance, law etc.
Your goal is noble but unfortunately there is no place for you as an employee in the United States on a work visa. You can always try to get married to a US citizen . Much easier path :)
Your goal is noble but unfortunately there is no place for you as an employee in the United States on a work visa. You can always try to get married to a US citizen . Much easier path :)
more...
sparky63
November 21st, 2005, 11:41 AM
I agree that #2 is the sharpest, but I like #4 best. The smoke trails from his nose and mouth give the shot a little extra interest ... almost makes the smoke a second subject or character in the shot.
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roseball
08-26 04:54 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
more...
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Saralayar
07-17 05:47 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
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ujjvalkoul
01-30 06:04 PM
in short....when they cannot determine ur duration of stay..u get a one year license...interesting...wonder if you still have H1B and 485 pending what will the SAVE system pick for ur status...so unless for all AOS applications we can get EADs for 3 years, we will have to get DLs every year...given they accept EAD as a status/duration of stay proof..which they wont coz they will be looking at SAVE only for verifying appplicant status/duration of stay.....
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
We are looking at a big mess folks...
-----------------------------------------------------------------
Comment: Commenters said that this provision would be unduly
burdensome for many individuals who have lawful status for extended
periods of time, such as F and J visa holders, and specifically
expressed concern that the rule is eliminating a long-standing
provision for J-1 participants, who, under State Department
regulations, are entitled to a thirty-day grace period after completion
of their programs to travel within the United States One of these
commenters suggested that States be allowed to use the end dates listed
on the certificates of eligibility for each of these visa types as the
``ending date'' of status for the purpose of obtaining a driver's
license.
Response: Again, the determination for lawful status in the United
States will be made by the SAVE system, not particular documents. SAVE
takes into account the grace periods to which those in certain F and J
statuses are generally entitled. It should be noted, however, that
since F and J non-immigrants are admitted for ``duration of status,''
which is an indeterminate period, they would normally be issued
licenses valid for one year.
more...
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sin94
11-11 01:08 AM
Folks,
I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.
What are my option here?
I am in a dire situation. I received on Sep 15th 2008 the dreaded email "request for initial evidence sent case placed on hold". Neither my lawyers nor the employer has received that letter and now its being 45 days and now nothing yet in spite of repeated requests from lawyers and employer to the USCIS.
What are my option here?
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needhelpASAP
04-25 06:04 PM
Hi, I have a rather unique case. Any help will be greatly appreciated. Below are my details:
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
While on OPT, I accepted an offer from a company in January. They agreed to sponsor me.
My H1B was processed with premium processing fee.
H1B approved on 04/20/2008. (But it will be effective n October 1st)
I was laid-off on 04/23/2008 (But will receive payment till 04/25/2008)
Am i out of status?
(Technically I was working on OPT; did that change once my application was approved?)
Am i still eligible for employment? (I have my OPT till 06/22)
Can another company apply for another H1B petition for me OPT expires?
(will expire on 06/22/2008) How long do I have to find another employer?
Thanks in advance!
more...
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rkm
07-17 06:34 PM
Thanks again for all the IV support....Great news...
Thank you very much Pappu, Logic Life and IV core members..
Your great effort brought us this great news and relief
Thank you very much Pappu, Logic Life and IV core members..
Your great effort brought us this great news and relief
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GCWhru
03-24 12:22 PM
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
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chanduv23
09-17 03:27 PM
I am out - SEE YOU ALL IN DC
gcformeornot
05-04 11:03 AM
http://aila.org/content/default.aspx?docid=31886
I hope this works out and they implement for every service center....
I hope this works out and they implement for every service center....
jkays94
03-31 02:13 AM
He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...
In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.
Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.
Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.
And this just yesterday :
ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.
http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home
***
At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.
***
Monday, October 31, 2005 Page A1 GLOBE AND MAIL
Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.
"We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."
In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.
Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.
Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.
And this just yesterday :
ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.
http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home
***
At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.
***
Monday, October 31, 2005 Page A1 GLOBE AND MAIL
Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.
"We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."
