bang
02-10 04:50 PM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.
Please consult with a good Lawyer and confirm the same
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
There is technically no link between the extended H1 and the Labor / I140 approval, if you have any labor application pending for more than 1 year OR a Approved 140 at the time of next renewal you are fine. Here is why i say that, one of my co worker had a labor application filed in 2001 and he completed his 6 years in 2004 (mid year), he got his H1 extended (7th year) based on the pending application. Since the labor application was taking for ever (it was complicated, it was filed in RIR and later USCIS changed it to regular and stuff like that) our company filed a new one in 2004 Jan from a different location. Some time in late 2005 his original Labor application got denied and his H1 was up for another renewal (8th year) in 2005 technically it sounded like a big problem but the company lawyers used the second labor application which was filed in 2004 (while he was in his 6th year, after completing 5 years) which was pending for more than 1 year by mid 2005 and he got extensions, infact he has got another (9th year ) and is currently up for the 10th year extension ..... no Issues.
Please consult with a good Lawyer and confirm the same
dxldad
05-12 01:25 PM
Hello,
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.
inskrish
09-05 05:14 PM
Inshkrish,
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
arnet
11-01 07:23 PM
these site/threads will give more insights regd this issue:
check the following threads:
http://immigrationvoice.org/forum/showthread.php?t=1707
check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:
http://www.uscis.gov/
check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)
good luck!!!
Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
check the following threads:
http://immigrationvoice.org/forum/showthread.php?t=1707
check the following uscis site -- under link immigration forms link on top and click I-140/I-485 application links:
http://www.uscis.gov/
check the general I-140/I-485 issues threads and FAQ threads in immigrationportal:
http://www.immigrationportal.com/forumdisplay.php?f=14
http://www.immigrationportal.com/sho...d.php?t=225746 (http://www.immigrationportal.com/showthread.php?t=225746)
good luck!!!
Disclaimer: I'm not an immigration attroney, consult one for your situations, as laws/procedures keep changing.
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
more...
masterji
01-12 12:43 AM
If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.
TexDBoy
02-06 03:48 PM
I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.
ok ...
I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.
I am not sure they will do that ... but just a suggestion .. I might be wrong ..
ok ...
I guess if you use EAD and not inform USCIS about the promotion and reply to AC21 RFE (if at it comes asking for employment letter and job duties), you should be fine replying it.
However, if you use H1B, then your AC21 RFE comes and you submit a profile that is different than that of H1B, then USCIS can question that discrepancy.
I am not sure they will do that ... but just a suggestion .. I might be wrong ..
more...
marcus12
01-26 05:17 PM
Hello Guys help me out
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
-259883.jpg "laksa teluk kechai. laksa")
xbohdpukc
02-27 10:34 AM
does anyone know if it's gonna be broadcast online?
more...
yestogc
05-11 10:19 PM
Keep going
god_bless_you
04-28 01:07 PM
The attached USCIS memo document will be helpful regarding this issue:
more...
InTheMoment
07-14 12:24 PM
I don't understand... what is the reason for opening this new thread. Application are still being receipted in July.
>>>And btw the received date in the status can also mean the latest update and/or the notice date<<<
Adminsitrator please merge or close this thread !
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
>>>And btw the received date in the status can also mean the latest update and/or the notice date<<<
Adminsitrator please merge or close this thread !
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
gogreen39
07-24 04:29 PM
Hi ,
Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...
Kindly let us know, if anybody who have filed at same time and have not yet received any update???
Thanks in advance!!!!
Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...
Kindly let us know, if anybody who have filed at same time and have not yet received any update???
Thanks in advance!!!!
more...
bomber
07-25 12:26 PM
I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
Thanks!
You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)
Thanks!
You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)
prom2
09-28 08:18 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
1) Find a good lawyer with experience in ability to pay issues.
2) The company should prove ability to pay your LC salary since PD.
3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.
BTW, what is your PD?
It is just an opinion, not an advise, please consult a lawyer with experience.
Good luck.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
1) Find a good lawyer with experience in ability to pay issues.
2) The company should prove ability to pay your LC salary since PD.
3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.
BTW, what is your PD?
It is just an opinion, not an advise, please consult a lawyer with experience.
Good luck.
more...
gc_kaavaali
06-03 03:21 PM
I did change of address online...I also provided receipt numbers of 485 and EAD (renewal)...I think i don't have to do for approved cases like (I-140, I-131 and previous I-765 )...Am i right? I also did for my wife..
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
more...
aristotle
07-12 10:14 PM
PM anyone?
vasa
07-13 11:55 PM
done, it shows 2038 signatures now...
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
keep doing this folks.. we need a multi-pronged approach...
let there be "shock and awe"
manderson
03-05 04:41 PM
with Hillary winning Texas on the back of Lations and McCain finalizing the nomination, logic says stupidity like this would hurt the GOP. Siskind floated a scenario like that earlier, but if it's supposed to hurt the GOP, why wouldn't the GOP leadership reign in Sessions et. al.? Maybe I am over-analyzing but I saw this a couple of days ago on how Dem leaders may want to go anti also: http://immigrationvoice.org/forum/showpost.php?p=227606&postcount=2049
oh BTW I agree w/ you that this is going down the drain.
This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.
oh BTW I agree w/ you that this is going down the drain.
This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.
hariswaminathan
07-26 12:56 PM
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
I'm from OH but visiting Austin TX from 1st to 8th August.
Unfortunately i cannot attend function but i would love to meet up with IV folks in Austin / Round Rock during this time and I would also be ok to fund someone else's seat at the dinner if it helps the cause.
it doesnt seem like a lot of money - why dont we get people to fund an entire table (much more chance of getting some attention)
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
CONTACT: To make table reservations
Doug Lindgren at 261-0086
OR
Renee Verhoff-Matta at 261-5984
I am trying to get a seat. Can some one else also try to reserve some seats may be a table, ( Money will be divided by the attendees).We would be able to put across the issues of " Unused Visa" and " h1b Increase" and about solving the issues of GC backlog. Ping me a pvt message. We all can meet and discuss , on how to go ahead. Let's meet together before meeting Cornyn.
I'm from OH but visiting Austin TX from 1st to 8th August.
Unfortunately i cannot attend function but i would love to meet up with IV folks in Austin / Round Rock during this time and I would also be ok to fund someone else's seat at the dinner if it helps the cause.
it doesnt seem like a lot of money - why dont we get people to fund an entire table (much more chance of getting some attention)
pappu
04-10 01:57 PM
Pappu,
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
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