canleo98
01-11 02:29 PM
As per my understanding, extension will be given if and only if :
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
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reddog
06-18 04:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Madan Ahluwalia
02-23 02:39 PM
Your wife can not extend her H1b.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
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weddell
09-05 11:49 AM
Depending on where you were located in the US, it might be a good idea to enter the country coming from a neighboring country (Canada, Mexico) with your green card in hand.
In any case dont travel with too many luggages ...
Let us know how it went.
Good luck !
In any case dont travel with too many luggages ...
Let us know how it went.
Good luck !
more...
trueguy
08-11 11:30 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
iptel
07-18 07:19 PM
:D May be we can invite Guns 'n Roses and have them sing "WELCOME TO THE JUNGLE". Just Kidding
more...
rocky17105
07-29 11:19 AM
of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.
I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
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gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
more...
sac-r-ten
05-12 02:58 PM
Does frankfurt require transit visa if some one is traveling to India if:
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
DontCare, why do u care, Mate? LOL.
Jokes apart.
You should be ok with the visa (no stamping). I had 2 friends travelling via FF with 797 notices ,got stamping in India and came back via frankfurt.
So i guess AP should also be okay.
hope this helps.
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
DontCare, why do u care, Mate? LOL.
Jokes apart.
You should be ok with the visa (no stamping). I had 2 friends travelling via FF with 797 notices ,got stamping in India and came back via frankfurt.
So i guess AP should also be okay.
hope this helps.
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dvvb
03-01 01:53 PM
My case:
Worked with Co. A from 2000 - 2005
Labor filed in EB3. Priority date May/2003
Worked with Co. B from 2005 - 2008
Co. A Labor approved in Feb 2008
I-140 filed and approved in Mar 2008
I-485 Filed in June 2008 as future employee
Working with Co. C from Nov 2008 on EAD.
Now Co. A filed for chapter 11 and closed their shop.
Atty. from Co. C said to file AC21.
What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?
Anyone in similar situation or have an idea next steps.
Worked with Co. A from 2000 - 2005
Labor filed in EB3. Priority date May/2003
Worked with Co. B from 2005 - 2008
Co. A Labor approved in Feb 2008
I-140 filed and approved in Mar 2008
I-485 Filed in June 2008 as future employee
Working with Co. C from Nov 2008 on EAD.
Now Co. A filed for chapter 11 and closed their shop.
Atty. from Co. C said to file AC21.
What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?
Anyone in similar situation or have an idea next steps.
more...
nixstor
09-18 02:37 PM
I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.
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sweet_jungle
10-21 01:12 PM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
more...
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kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
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vish77
08-01 08:57 PM
My wife's federal loan got approved with expired I94 stamped as parole
more...
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samcam
07-19 12:08 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
PS: I know its a typo, so just kidding here..
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
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insbaby
11-15 12:37 PM
Me.
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senthil1
03-28 03:08 PM
A small amendment for this bill could make everyone including high skilled and low skilled happy.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.
Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.
Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
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sukhyani
01-27 11:43 PM
Are you from Rest of the world or India/china?
Rest of the World.
Rest of the World.
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obviously
05-08 11:08 PM
Your post deserves to be deleted. You seem to lose sight of the real issue and instead resort to preaching from the relative anonymity of your digital pulpit. There are families that are worse off for having ITIN and unable to get an economic stimulus check that is intended to help kick start the economy NOW. Preaching that they can submit an ammended return sometime in the future is a moot point. Catch the irony? Economic stimulus is to help the economy now. Now. Now. Let's try that 3 more times.
paskal
12-14 12:45 AM
for those that have not visited the MN thread under the separate forum for chapters, here is the link:
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
santa123
09-10 08:12 AM
My apologies for re-posting...
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
but looks like we are all late... in the GC waiting game:rolleyes:
Hard to remain hopeful
