gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
![metamorphosis hilary duff. [aligncenter] Hilary Duff](http://ec1.images-amazon.com/images/G/01/ciu/f8/fd/8996729fd7a0525c72acf010.L.jpg "[aligncenter] Hilary Duff")
thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
seaken75
11-01 03:22 PM
bump
more...
ivgclive
05-05 03:54 PM
Thanks to everyone who responded. So in summary, it looks like:
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
It is very simple, when you are on H1...
You can work hard, even hard, kill yourself on anything without being paid.
Here is the meaning for "Slave" in a well known dictionary..
Slave
1 : a person held in servitude as the chattel of another
2 : one that is completely subservient to a dominating influence
3 : a device (as the printer of a computer) that is directly responsive to another
4 : DRUDGE, TOILER
5 : H1B
* I can own a business on H1B.
* I cannot take any proceeds/profits from the business, but can use it to grow it further.
* I can work for the business as long as I don't take any money from it.
- Can a guru please confirm this?
* The business can buy me equipment and accessories to work.
As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.
It is very simple, when you are on H1...
You can work hard, even hard, kill yourself on anything without being paid.
Here is the meaning for "Slave" in a well known dictionary..
Slave
1 : a person held in servitude as the chattel of another
2 : one that is completely subservient to a dominating influence
3 : a device (as the printer of a computer) that is directly responsive to another
4 : DRUDGE, TOILER
5 : H1B
howzatt
07-18 10:32 AM
Guys,
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
more...
st4rguitar
04-06 01:46 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
kaisersose
08-24 06:06 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.
Occasionally an isolated case sneaks in.
Like someone posted this morning that he received an ead although the lawyer says he never applied for one!
That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.
Occasionally an isolated case sneaks in.
Like someone posted this morning that he received an ead although the lawyer says he never applied for one!
more...
skd
10-02 02:38 PM
nothing will change.
caforum2
08-24 02:08 PM
I have similar situation and not sure whether I will be able to apply for H1B revalidation..
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
more...
gneerajg
07-27 02:03 AM
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
ronhira
05-15 10:37 PM
startup visa is all smoke & mirrors..... this is another way for rich people to make more money..... how will startup visa create entrepreneurship? just as h1/j1/l1 exploit foreign works..... this is just another way for rich people to start new ventures exploiting the ideas of foreigners..... immigrants will not become this so called "entrepreneur"..... the bill is designed such that only 170 "registered" venture capitalist could exploit immigrants...... if immigrants want to start their own companies, using funding from anywhere other than those "registered" 170 venture capitalist.... then those immigrants will not qualify for this "startup visa" the next generation greatest idea on the planet.... to exploit more immigrants keeping them in probationary limbo state......
if anyone in america actually care for entrepreneurship.... they ought to give green cards to people who are already here.... who already understand the system... people who already have their own savings & ideas.... & people who are willing to take risk in starting their own businesses, which will create more jobs.....
creating system in which rich people will become richer is not "boost" entrepreneurship.... rather this is another way to trap & kill innovative ideas/minds.... startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....
some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....
if anyone in america actually care for entrepreneurship.... they ought to give green cards to people who are already here.... who already understand the system... people who already have their own savings & ideas.... & people who are willing to take risk in starting their own businesses, which will create more jobs.....
creating system in which rich people will become richer is not "boost" entrepreneurship.... rather this is another way to trap & kill innovative ideas/minds.... startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....
some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....
more...
sachinjohri
04-03 03:11 PM
No problem , you will get the Canadian Visa , while coming back to US , you have to show your AP
paskal
12-01 10:13 AM
I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.
Thanks
Hello,
We can help you but the first step is to complete your profile
Also I suggest you start by joining the GA chapter, you will get some help from them.
Thanks
Hello,
We can help you but the first step is to complete your profile
Also I suggest you start by joining the GA chapter, you will get some help from them.
more...
rsrikant
08-24 03:45 PM
saw this in murthy...
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....
http://murthy.com/news/n_ombsci.html
USCIS Filings Surge in July / August 2007
�MurthyDotCom
The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
bitu72
06-14 06:40 PM
Should the passport be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
If somebody can answer that would begreat
more...
ItIsNotFunny
11-12 11:38 AM
This is simply called pure selfishness.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
Redgreen,
Let me clarify couple of things.
1. This is highly widespread issue. It affects you, me and everyone. If you didn't pay enough attention on whats going on, its your problem.
2. Yes, NK2006 has put multiple threads and you are annoyed. But who are you saying this is misuse of IV resources? What is your contribution in action items and IV activities? I am not talking monetory part but activeness. If you are not contributing, you should not care about organization resource right?
I hope you learnt that its OUR organization. Any problem we are discussiing is OURs. Not your and mine.
Please forgive NK2006 for multiple threads and try to pay attention on real problem. If you still didn't understand depth of problem, PM me, I will give my contact numbers and we can talk at leisure.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
Redgreen,
Let me clarify couple of things.
1. This is highly widespread issue. It affects you, me and everyone. If you didn't pay enough attention on whats going on, its your problem.
2. Yes, NK2006 has put multiple threads and you are annoyed. But who are you saying this is misuse of IV resources? What is your contribution in action items and IV activities? I am not talking monetory part but activeness. If you are not contributing, you should not care about organization resource right?
I hope you learnt that its OUR organization. Any problem we are discussiing is OURs. Not your and mine.
Please forgive NK2006 for multiple threads and try to pay attention on real problem. If you still didn't understand depth of problem, PM me, I will give my contact numbers and we can talk at leisure.
prem_goel
06-07 02:45 AM
I think it's not wise to leave. I tried googling for h-1b transfer & leaving the country but didn't get much info. I think if a transfer is pending with USCIS then you shouldn't leave the country as it may be considered as abandonment of the application.
i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.
just my thoughts..better try googling or ask some lawyer.
i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.
just my thoughts..better try googling or ask some lawyer.
kumar1
03-04 04:23 PM
Bidi, I guess.
By the way, what do you smoke?
By the way, what do you smoke?
geesee_99
12-14 11:07 AM
Friends,
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
abheja
12-21 07:29 PM
I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.
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