rvr_jcop
03-27 12:38 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
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aamchimumbai
05-17 03:11 AM
How long did i take for you to get the vaccinations ? I mean were you done in a day.
Thanks
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
Thanks
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
TeddyKoochu
11-05 09:16 AM
Just Voted, thanks for posting.
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ujjvalkoul
06-30 05:10 PM
IT is a shady practice, if you file for a completely different person, file a new application. How come you can jump the line.?
more...
dcrtrv27
11-13 03:14 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
WOM means Writ of Mandamus. Its filing a case against USCIS when you case has been unnecessarily delayed. You need to exhaust all venues before approaching the court
To my knowledge there is no way to expedite the AOS process.
Gurus?
WOM means Writ of Mandamus. Its filing a case against USCIS when you case has been unnecessarily delayed. You need to exhaust all venues before approaching the court
gc_kaavaali
12-10 07:51 PM
that is why we need work together to get our GC soon....IV is working to remove GC delays...but it cannot do alone because IV is US...Please consider contributing to IV...so that we can get our GC soon...for more details please follow below link...
http://immigrationvoice.org/forum/showthread.php?t=15905
http://immigrationvoice.org/forum/showthread.php?t=15905
more...
DareYouFireMe
03-09 03:52 PM
For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).
Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
Document URL
http://www.uscis.gov/files/pressrele...22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
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stemcell
10-05 10:19 AM
dude, leave alone pr, i have a canadian passport, this cbsa (canada border services agency) lady one day asked me "who are you going to meet in canada?"
i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
She waited a second to digest it, then said, "okay..go..!!"..
lol
i could not believe the stupidity of this woman. So, i replied "mr. Dhurandhar bhadvadekar"..
She waited a second to digest it, then said, "okay..go..!!"..
lol
more...
dealsnet
04-14 09:25 AM
It is very clear. Child can charge to either parents chargeability. Parents cannot charge to child's country of birth.
Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
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needGCcool
09-03 10:46 PM
My PD is current - Going for consular processing a good idea?
i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........
i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........
more...
vandanaverdia
09-09 03:45 PM
Please spare some time & thought & decide to be in DC at the rally.
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fromnaija
12-16 12:08 PM
I got it correct yesterday .
Thanks for the advice.
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
Thanks for the advice.
For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!
more...
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njboy
07-26 11:22 AM
sky..definetly wait..they are going to introduce i140 premium processing for eb3 next month, and for eb2 maybe a month later. then for 1000 bucks you can have your i140 cleared ..(there is a good possibility it will clear by itself before that)
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gparr
January 7th, 2005, 05:42 PM
I have the Sigma 105mm macro with a Canon mount. I think it's one of the best lens values available and highly recommend it, for price, image quality, and build quality. It's not a fast focusing lens, but I can't imagine using autofocus for macro work anyway. I assume you would get the same performance with a Nikon mount.
Gary
Gary
more...
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andy garcia
02-09 12:47 PM
I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3
Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8
Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.
Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.
Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)
With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!
You guys invented them both. Golf and madcows:)
Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8
Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.
Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.
Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)
With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!
You guys invented them both. Golf and madcows:)
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lvinaykumar
04-16 07:09 PM
I am waiting to hear something for my wife. She would hate it to sit at home for one year
Let see......
I will update this thread if i hear something
Let see......
I will update this thread if i hear something
more...
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snathan
02-17 08:05 PM
Hello,
I have a question regarding my employment & H1B.
I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.
So I have applied for H1B transfer last week with company "B"
I got a call today from company "A" offering me a job.
Is it possible for me to work with company "A", while my application for H1B transfer is pending?
I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation
Any help in this matter will be greatly appreciated.
Thanks
As long as you have valid H1 with company A...you can work with them.
I have a question regarding my employment & H1B.
I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.
So I have applied for H1B transfer last week with company "B"
I got a call today from company "A" offering me a job.
Is it possible for me to work with company "A", while my application for H1B transfer is pending?
I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation
Any help in this matter will be greatly appreciated.
Thanks
As long as you have valid H1 with company A...you can work with them.
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gk_2000
01-26 07:09 PM
Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)
PR Newswire is AWESOME!
PR Newswire is AWESOME!
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retropain
08-14 02:07 PM
Congratulations my cuban friends!
You no longer have to wait in this friggin' green card line
http://www.miami.com/mld/miamiherald/15256657.htm
Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
You no longer have to wait in this friggin' green card line
http://www.miami.com/mld/miamiherald/15256657.htm
Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.
kriskris
08-22 02:21 PM
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
gc4me
04-23 10:18 AM
this statement is not true. USCIS does not send I-140 approval to alien as it belongs to employer.
u will get a copy of the approval notice directly from USCIS though.
u will get a copy of the approval notice directly from USCIS though.
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