roseball
07-27 12:43 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
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
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
Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.
Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.
anandrajesh
03-30 03:13 PM
I was interviewed by National Public Radio(NPR) recently abt the whole immigration stuff. This can be heard on the following link
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
tabletpc
11-19 05:55 PM
Thanks everyone...
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
At last I was able to book it. We need to complete all the steps in order to get the page for selecting dates. Problem I had was..while filling up ds157, I use to see the code script:).
I had used the same website earlier but never had to lose patience like this time.
Once I finished giving the courier details , I was presented with date selection. Also why do they take petitioner details...??..I had to give my I797 details...??I hope they do all the required checking before I visit them.
Here are the tips while using the online appointment.
1. Don't expect the process to be smooth. Set aside 1-1.5 hours for filling the form.
2. Use IE only and make sure you enable pop ups for the vfs website.
3. After you complete all the 3 steps(DS156,157 and petitioner details) you will be presented with date selection.
Citinri and vsf website are the worst website I have seen ever since I started to browse�.(more than a decade)
Hope this helps �
Jaime
09-16 02:02 AM
bump
more...
obelix
12-22 03:44 PM
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
ImmiLosers
03-10 10:01 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
more...
raviram1980
01-15 07:12 AM
Hi All,
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
lonedesi
10-20 03:27 PM
Thank you guys for all your responses. Appreciate you letting me know your experience in this regard.
more...
plassey
08-19 05:54 PM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
willwin
08-11 11:29 AM
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
more...
devikas81
06-19 03:44 PM
I am on similar situation....I really appreciate if someone can advise on it...
Thanks in advance...
Thanks in advance...
sonyyy
06-07 03:55 PM
Just temporary, they have another vote this afternoon.
If you want to celebrate, at least wait till 5pm.
AP has a news which says this bill has been voted out at senate.
http://news.yahoo.com/s/ap/20070607/ap_on_go_co/immigration_congress
so guys relax now!!!!! enjoi!!!
If you want to celebrate, at least wait till 5pm.
AP has a news which says this bill has been voted out at senate.
http://news.yahoo.com/s/ap/20070607/ap_on_go_co/immigration_congress
so guys relax now!!!!! enjoi!!!
more...
dilvahabilyeha
08-09 01:20 PM
It is your passport number
no friend it cannot be
no friend it cannot be
STAmisha
07-27 10:10 AM
Thanks.
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
But here is my situtaion
My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140
Oprion 1
Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC
Options 2
Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485
option 3
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140
option 4
keep 1st 140/485 which was applied earlier.
Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.
Please advice whether all these options are Do'able and which is better
more...
hibworker
03-17 12:15 PM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
new_horizon
03-12 05:12 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
more...
seetheavatar
09-22 10:22 AM
Yes we got the card after a month.
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
needhelpASAP
04-26 01:07 PM
Thanks so much for the responses.
I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.
"As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."
Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?
Thanks again.
I have my receipt number. And I am trying to get a hod of my case folder from th company lawyer.
"As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1."
Is there any way I can check if th H1 was applied for change of status without information from the company lawyer?
Thanks again.
conchshell
06-13 02:02 PM
One more state chapter .... go ahead guys .....
Dhundhun
08-15 12:43 AM
USCIS is fishing form I485 application pool, in approvable cases, 2006 cases are nearest and an easy catch.
kaisersose
07-19 10:48 AM
USCIS local offices no longer issues interim EADs. Go to immigration.com and and bring up July/August 2006 newsletter.
You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.
But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?
I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.
You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.
But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?
I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.
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