EndlessWait
01-22 04:59 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
if your application is fine, there is no reason for you to worry. sometimes mistakes can happen..but i dont think you need to worry too much..its like having a heart attack while going to the movie..u can't plan for everything..
:-)
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
if your application is fine, there is no reason for you to worry. sometimes mistakes can happen..but i dont think you need to worry too much..its like having a heart attack while going to the movie..u can't plan for everything..
:-)
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Sachin_Stock
09-03 01:21 PM
Other EB2 threads have so much rejoicing going on, that we Eb3 folks are virtually left out as orphans!:mad:
milind70
10-15 10:45 AM
Hello Gurus,
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I think you should be fine, just be confident dont waiver in interview.
Stick to what is on paper.
Regarding your PD it is of utmost importance that you get it corrected now
than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I think you should be fine, just be confident dont waiver in interview.
Stick to what is on paper.
Regarding your PD it is of utmost importance that you get it corrected now
than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .
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malibuguy007
10-03 05:38 PM
And back on to the first page again :eek:
more...
deecha
07-16 05:14 PM
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
JunRN
07-17 01:59 AM
All I can expect at best is that "extend up to August"....meaning, from July to end August...but will it be "current"?
more...
Ann Ruben
04-20 05:44 PM
Yes to both questions. You should also submit the fee rec't for the cos.
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saurin
02-10 08:02 AM
Hi Ann,
Yes I do have an EAD. Thanks for your reply.
Yes I do have an EAD. Thanks for your reply.
more...
logiclife
03-09 12:39 AM
Thanks to first few members who have volunteered to help with membership drive.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
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KRS
01-20 02:18 PM
This was a surprise and nice one at that!! Hopefully future VB does the same :p
more...
sonyyy
06-07 04:12 PM
It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
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danu2007
07-17 05:15 PM
The DOS bulletin update under section D as if nothing has happened and they say "Visa Bulletin #108 (dated July 2) is hereby withdrawn."..in a very simple way...
Thanks again for all the IV support....Great news...
So what will happen to already filed applications?
They didn't say that they will accept application till August..May be it will come in another press release..
Thanks again for all the IV support....Great news...
So what will happen to already filed applications?
They didn't say that they will accept application till August..May be it will come in another press release..
more...
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desigc
12-22 05:03 PM
Contributed $100 to IV.
Reciept #87H393384E9981342
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
Reciept #87H393384E9981342
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
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bharani
08-11 09:51 AM
Eb2 -I
Pd 04/19/2006
Rd 08/13/2007
Nd 10/10/2007
Pd 04/19/2006
Rd 08/13/2007
Nd 10/10/2007
more...
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gimme_gc_asap
07-16 09:12 PM
deecha is looking for a deig!
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wanaparthy
03-24 10:30 PM
-
thanks
thanks
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gcdesirer
02-04 02:30 PM
I have a close friend who has floated a company to pursue an entrepreneurial dream.
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
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Dhundhun
10-26 01:28 PM
Huh??
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.
For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.
For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.
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Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
gsc999
09-14 12:13 PM
How would we know the tune ? Ya got to sing and put that in you tube .
That is where we need your help
That is where we need your help
inskrish
09-01 01:46 AM
Hi
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
Hi,
Most of the I-485 RFEs I have heard/seen so far is related to (1) AC-21 and (2) Birth Certificate, but your case may be different. All the best.
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
Hi,
Most of the I-485 RFEs I have heard/seen so far is related to (1) AC-21 and (2) Birth Certificate, but your case may be different. All the best.