siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
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cherish37
10-24 03:03 PM
Hi sreedhar,
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.
vikaschowdhry
06-06 07:36 AM
seahawks you said:
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Could you please provide me a link to an official website that can confirm this?
A passport must me valid at least 6 months is my understanding when I got my H1 renewed.
Could you please provide me a link to an official website that can confirm this?
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immilaw
09-14 02:23 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
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zerosine
06-25 02:59 PM
Thank you all for your responses.
Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?
Shatunup, what's a CIR? I'm intrigued....
I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.
I have a new passport but without the visa and entry stamp it doesn't really help!
Thanks again - by the way I'm a she :o
Thanks glus, I'll try filing the I 102 - hopefully they had computerized records back in the dark ages when I arrived. Also I'm hoping there's a record somewhere of the visa extension filed by my lawyer - do you think the same form might dig that up?
Shatunup, what's a CIR? I'm intrigued....
I have spoken to an attorney and the overstay is not really the issue - because I'm legitimately married (we have a two year old!) and if we can prove it's not a green card marriage I believe I just have to pay a fine.... however they do require proof of legal entry, which I don't have. You can adjust your status in the US if you are married to a US citizen - in fact I have to because if I leave the country I'm subject to the 10 year ban and they won't let me back in married or not.
I have a new passport but without the visa and entry stamp it doesn't really help!
Thanks again - by the way I'm a she :o
ryan
05-27 03:22 AM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
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dtekkedil
07-02 11:50 PM
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
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bijualex29
03-24 12:18 PM
That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
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raj1998
05-16 02:55 PM
USCIS - NEWS (http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=68439c7755cb9010VgnVCM10000045 f3d6a1RCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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bkarnik
11-09 05:11 PM
Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...
USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"
Hope this helps.
USCIS sends out three copies of the approval notice Form I797 A: Sent to the attorney on record, Form I797 B sent to the Petitioner and Form I797C sent to the beneficiary. Check the lower right hand corner of the notice you received for the form number. The B and C versions are courtesy copies. That is why if you look at the "documents needed" section for stamping of H1B in any of the Consulates or VFS sites they typically mention "original Form I797A"
Hope this helps.
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maristella61
04-20 09:22 AM
He is talking about the original first letter of approval , not an extension
Does any one have any input or suggestion?
Does any one have any input or suggestion?
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Refugee_New
08-02 12:47 PM
I'm surprised u got a 2 yr extn despite the fact that ur case is current. When did u file and which date was it approved?
i e-filed my ead on the last week of june. sent documents during the first week of july. July 17th, went for FP. Got the approval two days back
i e-filed my ead on the last week of june. sent documents during the first week of july. July 17th, went for FP. Got the approval two days back
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priderock
05-31 03:43 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
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msp1976
05-19 04:24 PM
I want to start a new thread But donot know how to...
Core Team,
As you know there are a number of applications stuck in PBEC and DBEC.
These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..
This should light some fire under PBEC and DBEC...
Please do this to bring some relief for folks stuck in the BECs.....
Moderators please make this a separate thread.....
Core Team,
As you know there are a number of applications stuck in PBEC and DBEC.
These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..
This should light some fire under PBEC and DBEC...
Please do this to bring some relief for folks stuck in the BECs.....
Moderators please make this a separate thread.....
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viva
11-02 08:22 PM
Yes, Arjun is now chargin $75 an hour as he is moved into a bigger office. I have used him too. Did not actually retain him, but he offers clear and concise advice without trying to paint a rosy picture of the situation and trying to set you up for more consultation services.
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atlgc
06-01 11:15 AM
when you say
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
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keiryu
09-25 05:14 PM
What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.
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Dhundhun
06-21 03:49 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
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eb2_immigrant
10-20 12:38 PM
Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
psk79
05-28 12:29 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
wizkid732
08-26 07:50 AM
Hi Thanks for the reply,
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
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