LostInGCProcess
11-03 03:29 PM
If we are on H1 and able to file I-485(AOS) and continue to be on H1 until it expires. Then are we automatically on AOS after the expiry of H1? Or do we have to inform USCIS our intent to switch to AOS?
The reason I am asking this question is: I saw a case, although not similar, where the individual was on H1 and applied I-485 (inJuly 2007), he continued on H1 until it expired and decided to stay on h1 and so his employer applied for extension of H1 in 2009. At that time he received an RFE, the employer did not respond to the RFE. So, eventually the H1 Extension was denied.
After that USCIS denied his I-485 also. Reason give was: "Since the H1B EOS (Extension of Status) request was denied, it did not grant, or have the effect of granting, a lawful status during its pendency."
Please have your thoughts on this. Cause I am sure many of us have started using EAD, but did we transition the right way from H1 to EAD?
The reason I am asking this question is: I saw a case, although not similar, where the individual was on H1 and applied I-485 (inJuly 2007), he continued on H1 until it expired and decided to stay on h1 and so his employer applied for extension of H1 in 2009. At that time he received an RFE, the employer did not respond to the RFE. So, eventually the H1 Extension was denied.
After that USCIS denied his I-485 also. Reason give was: "Since the H1B EOS (Extension of Status) request was denied, it did not grant, or have the effect of granting, a lawful status during its pendency."
Please have your thoughts on this. Cause I am sure many of us have started using EAD, but did we transition the right way from H1 to EAD?
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mhathi
10-18 10:07 PM
as far as I understand it, you will be eligible for AC21 in feb. As long a they do not withdraw your 140 you should be ok. Just switch to a different employer and invoke AC21 in feb. Disclaimer: consult an attorney to confirm.
kirupa
08-16 05:04 AM
Looks real cool upuaut8 =)
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kpchal2
03-13 04:14 PM
Hi, I have my labor approved by Company A and I140 filed as soon as I got the labor. Before this I140 got approved I changed to Company B who filed for my labor and applied for I140 as soon as it got approved. My I140 with company B got approved and then the I140 with the old company A got approved 3 months later. Can I somehow get the old PD. Can some one who have been in similar situation or know some one in the similar situation answer this. I will be able to get a 2 year advance if this works out.
more...
silvergga
02-13 03:19 PM
Hello,
I have a RFE for my 485 according to the online status. My PD is current, and NSC's 485 processing time is now July 19, 07. My 485 RD was July 25, 07, so it is likely that they are working on adjudicating my case (and could have approved if there were no RFE).
I am still waiting for the RFE in the mail to know what it is exactly. But, assume that I fulfill their request and mail them the required items immediately, will I need to wait another 6 months before they check my RFE fulfillment? Or do they usually look at the RFE immediately (since they are already working on my case)...
Thanks!
I have a RFE for my 485 according to the online status. My PD is current, and NSC's 485 processing time is now July 19, 07. My 485 RD was July 25, 07, so it is likely that they are working on adjudicating my case (and could have approved if there were no RFE).
I am still waiting for the RFE in the mail to know what it is exactly. But, assume that I fulfill their request and mail them the required items immediately, will I need to wait another 6 months before they check my RFE fulfillment? Or do they usually look at the RFE immediately (since they are already working on my case)...
Thanks!
flashxsite
11-27 05:40 PM
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more...
newxyz100
07-25 01:18 PM
This is a good question, can some experts answer? :confused:
One thing is for sure that the PD should be before July 31st in order to apply before Aug 17th.
One thing is for sure that the PD should be before July 31st in order to apply before Aug 17th.
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1528boyz
08-19 12:45 AM
Hi There,
I need some advice on my current situation.I am in the 4th year of my H1-B .I have my
I-140 approved from my current employer with PD of Aug'09.
I am planning to change my job, my concern is :
Assuming that my current employer do not revoke/recall my I-140
1. Do i need to have the same job responsibilities in my new job to transfer my PD?
2. Do i have to stick with my current employer for atleast 6 months to transfer my PD?
3. What will happen if i change employer within 6 months, can i still be able to get my PD?
4. Will employers provide approval of I-140 ?
Appreciate for your time,
Thanks
I need some advice on my current situation.I am in the 4th year of my H1-B .I have my
I-140 approved from my current employer with PD of Aug'09.
I am planning to change my job, my concern is :
Assuming that my current employer do not revoke/recall my I-140
1. Do i need to have the same job responsibilities in my new job to transfer my PD?
2. Do i have to stick with my current employer for atleast 6 months to transfer my PD?
3. What will happen if i change employer within 6 months, can i still be able to get my PD?
4. Will employers provide approval of I-140 ?
Appreciate for your time,
Thanks
more...
ssdtm
12-11 05:47 PM
I understand the wages lesser than specified in Labor is a real potential issue. But what about wages much higher than specified? 10-20% increase will be fine, but what about 50% or 100% jump.
Many of us live in consulting world and in a billing sharing mechanism where your annual wages fluctuates. I am talking to a potential client which can give me a significant raise (please note I am not transferring H1 or using EAD and will be staying with the same GC filing company with 140 approved and 485 pending).
Has anyone ever met a real case when high wage jump created a problem?
Many of us live in consulting world and in a billing sharing mechanism where your annual wages fluctuates. I am talking to a potential client which can give me a significant raise (please note I am not transferring H1 or using EAD and will be staying with the same GC filing company with 140 approved and 485 pending).
Has anyone ever met a real case when high wage jump created a problem?
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sameet
06-16 08:16 PM
I just filed for an H1B transfer in April. My current H1 is valid till April 2010. Just got an email from CRIS stating that my current I-129 case which was approved in April 2007 has been reopened at USCIS determination for review. Is there a problem or is it just normal procedure to look at the original H1B petition? Have transfered H1B before but have never had this happen. Is this something new that they are doing? Incidentally I am on the 10th year of my H1B and have a copy of the approved I-140 based on which we filed for a 3 year extension.
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newfoundland
08-04 03:33 PM
Hello,
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending:mad:
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending:mad:
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Bogdan
07-03 07:06 PM
Hi,
Based on what I know, the medical exam has to be less than 1 year old on the date of I-485 application submission. However, I have seen different opinions on this forum. Some state that the exam date cannot be more than 30 days before I-485 submission, because the HIV test and syphyllis test (sorry if not typed correctly) are valid for 30 days only. Could anyone clarify this, please?
Thanks in advance.
Bogdan
Based on what I know, the medical exam has to be less than 1 year old on the date of I-485 application submission. However, I have seen different opinions on this forum. Some state that the exam date cannot be more than 30 days before I-485 submission, because the HIV test and syphyllis test (sorry if not typed correctly) are valid for 30 days only. Could anyone clarify this, please?
Thanks in advance.
Bogdan
more...
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Circus123
06-28 06:37 PM
Guys,
Can someone confirm if 1 year of OPT training also counts towards work experience? My friend needs to know since he needs to apply for Labor Certification and wanted to find out if this experience can be counted apart from the H1-B working experience.
Circus...
Can someone confirm if 1 year of OPT training also counts towards work experience? My friend needs to know since he needs to apply for Labor Certification and wanted to find out if this experience can be counted apart from the H1-B working experience.
Circus...
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okuzmin
11-15 07:06 PM
IV admins, Alaska's state code is AK, not AL. :)
I'm in Anchorage, AK. Skiing, fishing, boating, hiking, etc. -- you name it, let's do it. :)
I'm in Anchorage, AK. Skiing, fishing, boating, hiking, etc. -- you name it, let's do it. :)
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Dhundhun
11-03 02:16 AM
Thanks Glus.
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uverdav
03-29 10:39 AM
Labor : 02/2003
Category : EB3
I-140 & I-485 : 06/2004
Appoved I-140 : 09/2004
Working on EAD now!
Can I Change employer with AC-21?
Category : EB3
I-140 & I-485 : 06/2004
Appoved I-140 : 09/2004
Working on EAD now!
Can I Change employer with AC-21?
more...
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kumar1
10-29 01:45 PM
Racist Lou Dobbs should get a free copy of it. We should all get together sometime and burn copies of his book Exporting America.
can somebody please post this on the forum. thanks
can somebody please post this on the forum. thanks
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Blog Feeds
05-27 08:30 AM
Keep an eye on the military appropriations bill Congress is working on for a potential immigration piece. The AP reports that Republicans want some serious money and personnel commitments for the southern border. And my own sources are telling me that some Democrats are looking at trying to get the DREAM Act in that same piece of legislation. Remember, DREAM allows for some who join the military to pursue permanent residency so it would be a germane part of the bill. A down payment on comprehensive immigration reform? Or the end of that effort and the return to piecemeal legislating?...
More... (http://blogs.ilw.com/gregsiskind/2010/05/cirlite-deal-in-the-works.html)
More... (http://blogs.ilw.com/gregsiskind/2010/05/cirlite-deal-in-the-works.html)
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Knicker
02-08 09:34 AM
Hi
I came to US on L1 in 2005 thru COMPANY-A and then applied for H1B thru COMPANY-B in 2006 and got approval under 2007 CAP. But I didn't start working for COMPANY-B(H1B) and went to India after H1B approval but came to US on L1B again to continue my work with COMPANY-A(Did a leapfrog).
In 2009 I transferred my H1B from COMPANY-B to COMPANY-C and got the petition approval. So I have a valid H1B petition with COMPANY-C.
In the same year my COMPANY-A(L1B holder) applied for COS to H1B under new 2010 CAP and got approval. So my status has been changed from L1 to H1B with COMPANY-A.
Now I have 2 approved valid petitions, one with COMPANY-A and the other with COMPANY-C, my question is if I get an offer from COMPANY-C can I start working with them with out any H1 transfer application ?
or can I transfer my H1B from COMPANY-C to another COMPANY-D ?
Thanks for your help,
Nick.
I came to US on L1 in 2005 thru COMPANY-A and then applied for H1B thru COMPANY-B in 2006 and got approval under 2007 CAP. But I didn't start working for COMPANY-B(H1B) and went to India after H1B approval but came to US on L1B again to continue my work with COMPANY-A(Did a leapfrog).
In 2009 I transferred my H1B from COMPANY-B to COMPANY-C and got the petition approval. So I have a valid H1B petition with COMPANY-C.
In the same year my COMPANY-A(L1B holder) applied for COS to H1B under new 2010 CAP and got approval. So my status has been changed from L1 to H1B with COMPANY-A.
Now I have 2 approved valid petitions, one with COMPANY-A and the other with COMPANY-C, my question is if I get an offer from COMPANY-C can I start working with them with out any H1 transfer application ?
or can I transfer my H1B from COMPANY-C to another COMPANY-D ?
Thanks for your help,
Nick.
Blog Feeds
02-05 06:40 PM
With the advent of the new (FY 2011) H-1B filing season quickly approaching (April 1), it is not too early to begin considering an issue that was first thrust upon the H-1B program prior to the start of last year�s filings � the Stimulus Bill signed into law last February 17 which made it more complicated for the big banks and insurance companies that received Troubled Asset Recovery Program ("TARP") funds to hire new foreign workers on H-1B visas. Specifically, Section 1611(b) of the American Recovery and Reinvestment Act of 2009 provides that TARP recipients may not hire new H-1B...
More... (http://blogs.ilw.com/h1bvisablog/2010/01/is-it-time-for-h1b-protectionist-restrictions-applicable-to-tarp-recipients-to-come-to-an-end.html)
More... (http://blogs.ilw.com/h1bvisablog/2010/01/is-it-time-for-h1b-protectionist-restrictions-applicable-to-tarp-recipients-to-come-to-an-end.html)
simikishore
07-26 10:16 PM
Attorneys please advice on my case below....
I applied for an I-485 during July Fiasco under EB3 category with an approved I-140(EB3). EB3 priority date is October 2005.
I also started another process later in EB2 category with same employer. My EB2 I-140 finally got approved recently and successfully porting the priority date from EB3 but did not file for I-485 in Eb2 yet.
Last week, my EB3 I-485 petition got approved even though my EB3 prority date is not current. I have got my welcome letter (I-797C) today. The COA is 26 on the notice.
My questions are:
Is it approved by error?
What are the risks involved for now and down the road.
Can we travel outside United States using this GC.
Will appreciate any advice.
I applied for an I-485 during July Fiasco under EB3 category with an approved I-140(EB3). EB3 priority date is October 2005.
I also started another process later in EB2 category with same employer. My EB2 I-140 finally got approved recently and successfully porting the priority date from EB3 but did not file for I-485 in Eb2 yet.
Last week, my EB3 I-485 petition got approved even though my EB3 prority date is not current. I have got my welcome letter (I-797C) today. The COA is 26 on the notice.
My questions are:
Is it approved by error?
What are the risks involved for now and down the road.
Can we travel outside United States using this GC.
Will appreciate any advice.
