scorpioduo
04-16 03:58 PM
EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.
I agree with GC Struggle here....
I agree with GC Struggle here....
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gc2
09-17 11:05 AM
thanks for your response. To clarify
1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?
2. i did'nt realize that i cant pay for H renewal.
Many thanks for your response.
1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?
2. i did'nt realize that i cant pay for H renewal.
Many thanks for your response.
prasadn
03-16 08:50 PM
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
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ss1026
09-25 09:17 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
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ssksubash
09-29 03:47 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
rockstart
09-12 09:25 AM
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
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dealsnet
01-05 08:16 AM
If your extension paper come with I-94 attached, take it and staple it on your passport. (That is your new I-94). White paper need to keep in safe place. If it is expired, no value for it.
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
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morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
more...
Marphad
11-19 07:57 AM
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
Does this make a difference when retrogression is not moving?
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
Does this make a difference when retrogression is not moving?
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cooldude
08-03 10:10 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
lin0722554234
My question is from where do you get this number?? If they just processed 4,000 odd applications, it's going to take for ever to get the receipts.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
lin0722554234
My question is from where do you get this number?? If they just processed 4,000 odd applications, it's going to take for ever to get the receipts.
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sathishav
02-24 08:54 AM
Congrats Beautiful Mind. It is good to hear EB3 to EB2 porting. (Though I don't have plans to do it)
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eastindia
09-09 10:23 AM
Very good question. Depends on how one defines "Active":D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
Some people can be awake while sleeping and some people can be sleeping while they are awake.
The question is are you awake or asleep? and what are you doing other than posting on IV for IV? :D
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glamzon
07-19 12:56 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
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tinku01
07-22 07:26 PM
Bluez if dates move back then they will take effect from Sept 01 and you are already attending interview in Aug. Now as per law there no other bulletin can be issued for Aug again. If you rememebr same thing happend last year in July and then second bulletin had to be withdrawn. So don't worry have fun and enjoy.
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up_guy
01-07 09:01 PM
Memphis TN..
Please add me in local chapter
Please add me in local chapter
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moclutch
03-04 04:30 PM
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
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gcformeornot
09-25 03:53 PM
When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.
Your EAD is valid, but it is useful only if you have a new job.
Your EAD is valid, but it is useful only if you have a new job.
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abhishek101
06-02 08:37 AM
I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
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a_yaja
06-05 10:12 PM
Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
PD_Dec2002
08-27 04:53 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
supender
09-21 03:16 PM
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
