pmat
01-31 02:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
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Junky
09-16 01:27 PM
Call House Judiciary Committee Members for HR 5882
http://immigrationvoice.org/forum/sh...ad.php?t=21393
Calls to ?
http://immigrationvoice.org/forum/sh...ad.php?t=21393
Calls to ?
greencard_fever
09-08 08:51 PM
Cograts!! rb_248..
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
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rockets12345
10-30 01:04 PM
Any one please?
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ashkam
04-22 08:51 AM
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
rameshvaid
02-24 04:50 PM
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.
Good Luck..
RV..
"AP is Advance Parole" to enter US.
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.
Good Luck..
RV..
"AP is Advance Parole" to enter US.
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gc_on_demand
05-22 10:18 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
I think after comment period with in week they publish rule in federal register.
So at max by aug 15th they will make this rule.
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paskal
12-25 09:35 PM
/\/\/\/\
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abhishekhp
11-24 02:04 PM
You should be fine to go ahead start processing you new EB2 based position under EAD. As mentioned in other posts here you do have to start over i.e file a new labor for the position under PERM and an I-140 to qualify under EB2. However you can port your PD while you are filing for theEB2 I-140 by attaching a copy of your previous EB3 I-140 approval notice. Also you need not reapply your I-485 as you can go ahead and do 'INTERFILING' basically letting the USCIS know to process the existing I-485 using your EB2 I-140 approval if its PD is current.
Hope that helps. Good luck !!!
Hope that helps. Good luck !!!
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meridiani.planum
02-28 03:46 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. The validity of the extended H1 if the underlying I-140 is revoked is also more or less ok: almost all lawyers say a revoke does not matter (even lawyers from a couple of the top immigration law firms in the country that I had spoken when I was in that same boat a couple of years ago) . Some say because regulations are unclear, the USCIS could in theory decide suddenly that the H1 is not valid, but even they have never heard of this really happening. They say the law leaves a possiblity of this open by being unclear.
B. yes, new company can start another PERM
C. yes, new company can transfer PD even if the I-140 Is revoked. The USCIS has thus far taken a position that PD porting is not possible only if the I-140 was revoked by USCIS because of fraud by the previous employer. 'Normal' revoking has not made a difference.
more...
days_go_by
08-23 10:52 PM
180K per BEC and 2 of them so 360K cases overall.
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GotGC??
05-15 01:28 PM
Thanks...is your 140 in NSC or TSC ?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
more...
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amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
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xgoogle
08-20 01:48 PM
I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.
I doubt if that is the case. I know people where the whole family got it.
Also check out this other thread:
http://immigrationvoice.org/forum/showthread.php?p=279578&posted=1#post279578
I doubt if that is the case. I know people where the whole family got it.
Also check out this other thread:
http://immigrationvoice.org/forum/showthread.php?p=279578&posted=1#post279578
more...
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manish1905
10-06 04:02 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.
I hope everything goes well with you.
Did the officials call you or come to see you in person?
yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.
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quizzer
02-23 04:54 PM
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
Shirish,
Can you give more details about your I140?
EB2 or EB3?
NSC or TSC?
RD and AD???
Thanks
Shirish,
Can you give more details about your I140?
EB2 or EB3?
NSC or TSC?
RD and AD???
Thanks
more...
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amit79
04-13 12:26 PM
gconmind has nailed it perfectly.
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wandmaker
11-05 09:10 PM
You dont need to pay the fees, as it is USCIS mistake - Send the new application form with a cover letter, you can send it yourself.
Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?
Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?
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wandmaker
11-04 01:49 PM
You will not be able to get a original document from lawyer/company. if you have maintained a good relationship with the lawyer/company, you can request a copy of it.
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
ca_immigrant
05-10 11:40 AM
I use SBI and it is good. My Vote is for SBI .
SBI - Global Link Services (http://remit.onlinesbi.com/)
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
SBI - Global Link Services (http://remit.onlinesbi.com/)
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
deepakjain
01-08 09:44 AM
Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.
Regards,
Deepak
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.
Regards,
Deepak
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