pdakwala
02-24 04:45 PM
Oh actually I was working with Spector so that we can have markup out asap. Just Kidding. Got busy with work.
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
wallpaper arguments against animal
kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
jamesingham
05-06 12:23 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
2011 Arguments Against Animal
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.
more...
detroit2009
07-11 03:48 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
rocky17105
07-28 12:28 AM
Not sure if i cant use the EAD. My lawyer said if USCIS hasnt revoked the EAD it is safe to use it. Currently though I am on H1B which is valid for one more month.
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
It doesnt make sense to me that i have to pay for USCIS mistake. Would contacting senator/congressman will help?
more...
new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
2010 Animal Experimentation
jayleno
08-27 03:24 PM
None of the responses can help you unless you state your state. Believe me, I have lived in 7 states till now. I went to the dmv in 4 of them.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
more...
krishnam70
02-27 02:03 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
hair arguments against animal
deecha
08-06 11:22 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
Get a new competent lawyer ! If you were in deportation proceedings and you won the case, then the IJ should have granted you the adjustment of status right then and there.
more...
gnutin
05-05 10:40 AM
I'm currently on h1b, with PERM approved and I-140 filing in progress.
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
hot arguments against animal
KRS
01-20 02:18 PM
This was a surprise and nice one at that!! Hopefully future VB does the same :p
more...
house NEWS - Animal tests and
manisha5
07-17 05:45 PM
Hurrah!!! :D
You guys did it.
You guys did it.
tattoo arguments against animal
pom
10-05 02:03 PM
Right on, grey, black and orange/red is just the perfect color scheme... And thanks for allowing me to steal anything I want from you. I wished people did that for me more often...
more...
pictures arguments against animal
fide_champ
04-11 10:05 PM
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
dresses her arguments against
mheggade
06-22 12:57 PM
be aware. All these PDF editing tools leave a watermark - "Draft" or "Trial Version".
They are totally useless.
Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0
Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)
Buy PDFill it will cost 20$ , It is cheapest software available for editing and saving PDF forms.
They are totally useless.
Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0
Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)
Buy PDFill it will cost 20$ , It is cheapest software available for editing and saving PDF forms.
more...
makeup arguments against animal testing. Arguments For Animal Testing.
roseball
04-12 01:18 AM
Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
girlfriend arguments against animal
chanduv23
03-20 03:43 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
hairstyles Argument against animal
james_bond_007
12-07 02:21 PM
My friend is going back to India next month. He filed for 485 in Aug 2007, PD April 2003 EB3 India. Is there a way to continue the Green Card process while he is in India ?. Is there an option where the employer can state that the employee is on temporary transfer to a different country and not loose the current Green Card application ?. Greatly appreciate any thoughts or insights.
uslegals
11-04 09:10 AM
Did u take Infopass appt. for EAD & AP together...? On the infopass form once fill only one receipt # right..?? My application was recd. by USCIS on 7/7...90 days is from recd. date...isn't it..? and not Notice date.? 90 days will be up for me by tomorrow 11/5..I still have no EAD & AP..! Can i take EAD & AP appt. together on same day for Infopass.? Or should i call USCIS reg. my case...Thanks..!!
Solong
07-22 10:34 AM
Thanks for sharing your different experiences. I feel relieved now. I'll check with my lawyer on Monday just to make sure he knows about that potential issue. You've made my day.
Solong
Solong
No comments:
Post a Comment