HumHongeKamiyab
03-16 12:18 PM
Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.
Or it can simply happen any time?
Or it can simply happen any time?
ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
abhijitp
07-25 08:44 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
I dont know how true this is, experts please opine.
http://www.google.com/answers/threadview?id=559556
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
I dont know how true this is, experts please opine.
http://www.google.com/answers/threadview?id=559556
drirshad
12-31 11:15 PM
How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ?
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
more...
sapota
10-18 06:03 PM
Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.
Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.
From Oh law breaking news :
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.
From Oh law breaking news :
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
FOR_LIBERTY
11-13 10:58 AM
Folks,
I have recently moved to Houston. Count me in as a member of Texas chapter.
I have recently moved to Houston. Count me in as a member of Texas chapter.
more...
snathan
04-12 07:17 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
lazycis
02-28 08:31 AM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
more...
JunRN
05-16 02:49 PM
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
sweet_jungle
09-05 12:39 AM
I am July 2 filer. My EAD and AP was filed later in August. I got my EAD and AP receipts but I am yet to get I-485 receipt. Has this happened to anybody else? Is it possible to get 485 case number from the EAD or AP case numbers?
more...
sangmami
08-16 09:27 AM
we sent 3 seperate checks for each family member
chanduv23
11-13 09:48 PM
Expose these fradulent employers who have no basic ethics
more...
la_guy
01-10 06:47 PM
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
chanduv23
09-30 04:33 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
more...
Funky_Monkey
09-13 11:56 PM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
jaane_bhi_do_yaaro
08-25 08:22 PM
Good luck, mine is the same PD
Good Luck for tomorrow's meeting.
Good Luck for tomorrow's meeting.
more...
gcpain
07-26 10:07 AM
Filed all AOS applications with passport which is going to expire on August 06, 2007.
mambarg
07-26 12:57 PM
This person mailed on June 28 and app received on June 29 and got his notice date on July 24. Today.
I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco
I could have been with him today but for my attorney who got extremely busy and did not file my 485 with 140 and got stuck with July fiasco
gimme Green!!
07-12 02:43 PM
Lot of times, I scan through the main threads, and only login if I have read some 'secret "for members" only' stuff, or have to post. :)
A lot of the 1300 could be like that too.
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
A lot of the 1300 could be like that too.
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
rajeshalex
10-17 06:05 AM
Dont do that. Get H1 stamped in india and then come to USA.
If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.
Rajesh
If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.
Rajesh
smisachu
07-23 03:35 PM
R.William on July 3rd.
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