desi485
11-13 01:57 PM
As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
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jsb
06-18 02:38 PM
Hello Everyone,
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
(1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
(2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
(3) Priority date will be ported from your original application with company A
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
(1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
(2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
(3) Priority date will be ported from your original application with company A
javadeveloper
03-28 06:34 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
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xtronics
03-19 10:33 AM
It is still pending. Already 7 weeks. Any input guys?
Thank you
Thank you
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yawl
06-15 04:06 PM
CIR will be back soon, lots of works to do:
http://reid.senate.gov/newsroom/record.cfm?id=277040&
Reid, McConnell Statement On Immigration Bill
Thursday, June 14, 2007
WASHINGTON, D.C.—Senate Majority Leader Harry Reid of Nevada and Senate Republican Leader Mitch McConnell made the following statement today:
“We met this evening with several of the Senators involved in the immigration bill negotiations. Based on that discussion, the immigration bill will return to the Senate floor after completion of the energy bill.”
http://reid.senate.gov/newsroom/record.cfm?id=277040&
Reid, McConnell Statement On Immigration Bill
Thursday, June 14, 2007
WASHINGTON, D.C.—Senate Majority Leader Harry Reid of Nevada and Senate Republican Leader Mitch McConnell made the following statement today:
“We met this evening with several of the Senators involved in the immigration bill negotiations. Based on that discussion, the immigration bill will return to the Senate floor after completion of the energy bill.”
watzgc
09-19 07:14 PM
is it for Sub-Labour ? Category ?
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waitin_toolong
07-18 07:25 PM
you are correct .
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
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manderson
10-17 12:29 PM
I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
can u tell me more about this Seattle City investment? u can PM me if u want.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
can u tell me more about this Seattle City investment? u can PM me if u want.
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gclabor07
08-25 07:34 PM
Friends,
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
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andyvillapark
08-18 07:12 PM
I finished my three years residency on H1B visa and am currently working as a chief resident in my program on h1b visa extension which is valid till June 2011. My H1b visa was cap exempt as its a not for profit hospital affiliated with the university.
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
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DrAnnSocolofskyMD
07-25 07:26 PM
I am an American physician and I am currently working on building an Internet business. What kinds of questions do you have? I might be able to help. In addition to my medical practice, which includes acting as a Civil Surgeon, I am an Independent Business Advisor for Bill Glazier and Dan Kennedy. You might not know who they are but they offer training in creating information products to sell on the Internet and they also help business owners learn how to increase their income. And it has NOTHING to do with Amway.
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ctu
03-28 04:14 AM
I want to transfer from H1B to F1.I came to US as a F1 and graduated in march 08.I got my H1B on oct 08.But now i want to transfer to F1 again and i had my visa till 2011. I had following doubts and please help me.
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
1) I heard that i can transfer to F1 from H1B without canceling(but deactivating H1B) is it true.
2) How much time does it take if i apply for change of status for F1?
3)can i take cpt in F1 and later on can i change to H1 by applying change of status?
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summerpolice
03-18 10:46 AM
I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.
please shed some light on this.
Thanks
please shed some light on this.
Thanks
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pod1
06-16 04:48 PM
Hello Everyone,
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
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aksaharan
09-24 03:46 PM
No More Visa Numbers Until October 1, 2010 - Department of State
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
The Department of State issued a letter to Section 245 Adjudications indicating that as of September 16, 2010, visas for FY2010 were no longer available for all family cases and for certain employment based cases (EB-2, EB-3, other workers, EB-4, and certain religious workers). FY2011 numbers will be available on October 1, 2010.
Source: US Immigration Law Blog - by Ashwin Sharma, Esq.: No More Visa Numbers Until October 1, 2010 - Department of State (http://ashwinsharma.com/2010/09/24/no-more-visa-numbers-until-october-1-2010--department-of-state.aspx)
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golgappa
11-17 04:41 PM
1. when the H1B extension was applied, your employer must have attached the copy of the old H1B and USCIS also would have had the old H1B and date, still they approved..it so they took that 6 days in to consideration..that can be one argument..if you have to make somewhere.
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
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HV000
02-22 10:22 PM
I just watched it and its about the citizenship wait!! They talked 500,000 legal latinos not able to vote during this election.
laborinbacklog
12-16 10:58 AM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
Thanks
we did it in Jan, 06 ....it looks 1.5 Month
GC Struggle
11-14 10:06 AM
Why do you think that will happen..
I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..
Guru's pease throw some light on this
I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..
Guru's pease throw some light on this
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