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.
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jvordar
07-09 07:09 PM
I140 copy is useful to argue that your extension is based upon I140 but is not absolutely required.. i was in the same situation abt 2 months ago.. my new employer was asking for I140 copy but then they filed with just the receipt # and stated that the copy is not available. i got my h1 transfer approved without any issue.. it all depends on the officer who is handling your case.. sometimes some officer thinks that it is your responsibility to provide everything, sometime some officer just looks up in their system with the receipt # provided.. but according to the lawyer from my new company they have never heard of the case where the transfer is rejected just coz the I140 copy was not provided
my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
hope this helps..
my new employer also clearly stated to me that there are chances though of the rejection and even got my signature on a letter stating that i understand the risks..so may be u can ask your employer to get your sign on something similar to that and have them file just with receipt#
hope this helps..
samswas
06-22 12:55 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
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sayantan76
07-05 08:36 PM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....
I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
I have been in US on L1A for more than 3 years now....i participate in 401(k), my company matches as per company policy, company contributes to pension plan separately as per company policy for US employees.....
I am not a lawyer nor a tax expert and this is purely based on my personal interpretation.......all retirement/ welfare benefits etc have to be non discriminatory - i.e. any plan available to general class of employees on US payroll should equally apply to you irrespective of your visa status..this has nothing to do with whether company intends to sponsor GC or not or any other factor....only exception is B1 holders since B1 holders are not supposed to get US payroll........
more...
iheartindia79
10-27 01:03 PM
Hi !
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
You can apply for EAD now. You dont need a job to get SSN because you have EAD.
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
You can apply for EAD now. You dont need a job to get SSN because you have EAD.
forever
07-27 03:33 PM
First Step: Filter out applications based on priority date eligible as per the visa bulletin date.
Second Step: Process based on receipt date within the applications filtered out in the first step.
Second Step: Process based on receipt date within the applications filtered out in the first step.
more...
GCBy3000
07-22 03:46 PM
Too early for this thread. Only you could see NO. Is there anyway to create a poll to change from No to YES when the checks are cleared. Then this will be useful, otherwise it is going to be a waste thread in next two days.
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dilbert_cal
03-25 02:00 AM
We should try for
1. Either to remove country quota
or
2. Re-instate soft quota.
The above is a long term and final solution.
Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?
1. Either to remove country quota
or
2. Re-instate soft quota.
The above is a long term and final solution.
Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?
more...
rahul2699
05-13 08:35 AM
Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..
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checklaw
07-19 11:31 AM
Enjoy! :) Only 5 files max allowed. Please follow up the next post.
Thanks. Very informative too.
Thanks. Very informative too.
more...
bbenhill
12-02 07:42 PM
I guess the story was not clear :-)
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
the answer is your wife's h4 will be fine since you have ur H1.
Thx
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
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jackisback
05-04 12:08 PM
Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.
Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?
This should be coming from USCIS or the attorney's offices...
Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?
This should be coming from USCIS or the attorney's offices...
more...
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engineer
07-23 10:28 AM
can one ask NSC and see if they have cashed check > they should be able to tell us by our last , frist name, social security etc ?
Where is the link of USCIS memo which talks about following
"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."
Where is the link of USCIS memo which talks about following
"There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers."
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sp0
09-18 10:31 PM
What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?
more...
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BMS1
05-25 11:28 AM
please post the names and email adddresses of the authors....so we can all contact them.
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
"exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
"exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year
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Rinsha
04-03 07:56 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
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cr52401
04-25 02:18 PM
Thank you for you all help but I am commited to a project by the end of July. This is the every day work and can not leave at least for 6 weeks.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
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rique71
05-17 02:43 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
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Almond
07-18 09:52 AM
My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
Sick and tired of waiting ...
I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
Sick and tired of waiting ...
I think poster bestia mentioned yesterday that you can somehow speed up the process if you pay a certain amount for faster processing? That's another thing I want to look into for my friend. May I ask you how you check the status of that online? I think she sent in the original application but she never got anything back so she doesn't have a case number or anything. Thanks!
Wendyzhu77
07-10 09:55 PM
This is absolutely wrong.
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
satyachowdary
06-02 08:24 AM
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
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