canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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amsgc
06-15 11:46 PM
WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
kamal
08-04 03:47 PM
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
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eilsoe
10-03 01:59 PM
Absolutely horrific...
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sidm
03-29 02:43 PM
That is good, but what about those whose OPT expired in Dec or Aug last year: can it retroactively activated?
There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:
There should be a clause to re-activate OPT for people maintaining legal presence in US, who were affected by last year's H1 lottery and whose OPT expired last year.:confused:
h4visa
07-27 12:24 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
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tempgc
09-24 01:25 PM
Source OH law firm (immigration-law.com)
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
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black_logs
05-11 10:43 AM
We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.
Could some one post the Venue and time? (I guess it is dinner meet)
Thanks
Could some one post the Venue and time? (I guess it is dinner meet)
Thanks
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sdrblr
09-24 09:09 PM
I won't be surprised if they pull a quick July 07 or something on those lines to collect more money for filing and renewal of EAD/ AP
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johnggberg
07-17 02:30 PM
but it dose not add any value, as the message does not give any more information then, what we already know
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number30
04-21 12:50 PM
Hello Everyone!
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
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perm2gc
08-23 04:45 PM
Thanks for your reply. I read somewhere that if I have a approved 140 and have already applied for 485 I can only get a 1 year ext on H1 and not 3 year. 3 year H1 ext beyond 6 years isonly for people who are not able to apply for 485 due to retrogression. Is that true? I want to maintain the H1 to be able to easily transfer n case I loose my job.
yes
yes
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jsb
03-27 09:31 AM
I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
I agree and share your views on how someone should treat a guest, etc. But I just stated facts.
Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
I agree and share your views on how someone should treat a guest, etc. But I just stated facts.
Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).
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wandmaker
06-05 05:20 PM
USCIS has regular pickup schedule, it is the case with few of the applications mailed thru USPS - DONT Worry unless you want the application to reach on or before a specific date.
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chandra140
08-24 09:34 PM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
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Leo07
01-14 01:06 PM
...and Good Luck
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loudobbs
10-09 05:40 PM
This is very useful information. So it is the Job Classification code that is important right??
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
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rajuram
06-11 04:46 PM
Will this not clog the system? How do you think they will approve GCs if we bombard them with letters and queries? They have only so much resources.
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enqueued
07-06 12:04 PM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
Dont worry - you are fine. I have traveled twice on two different carriers
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
Dont worry - you are fine. I have traveled twice on two different carriers
franklin
10-12 10:53 AM
Please move this thread to the appropriate forum, this has nothing to do with DC rally logisitics
bokeifus31
November 13th, 2007, 10:54 PM
I have a Nikon D70s and always get the 3 dust particles showing up on every photo I take. I've tried to clean the inside of the camera as much as possible, but I can't get rid of the dust. Is there a way I can clean the sensor or do I have to send it to Nikon? I have a photo shoot this weekend and would like to have it cleaned by then if possible.
Another question - How often should I format my memory cards?
I look forward to reading your suggestions.
Keith
Another question - How often should I format my memory cards?
I look forward to reading your suggestions.
Keith
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