CRAZYMONK
07-20 02:47 PM
ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
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smartboy75
06-27 04:37 PM
Just a thought....even if it is 1 year whats the difference...anyways since you have paid the new fees you don't have to pay it again next year for renewal....correct me if I am wrong ??
conchshell
06-13 02:02 PM
One more state chapter .... go ahead guys .....
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chanduv23
07-05 09:44 PM
MSFT is the start. This will go on and you can start seeing other companies moving out - jobs also moving out to other countries.
more...
abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
gc_chahiye
10-26 03:43 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
more...
virtual55
05-03 09:01 AM
^
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Mahatma
06-04 12:49 PM
Please make the following correction in my earlier post.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
It is wrong to say that start NIW now. Do it after OPT.
EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.
more...
bestia
03-12 03:18 PM
Both lawyers are right. To get the correct answers you have to be asking correct questions.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.
From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.
The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.
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gcdreamer05
11-19 02:06 PM
This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
more...
rsdang
08-22 12:11 PM
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
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nefrateedi
08-09 11:46 AM
Have you put a last date for cashing, on your check?? I just want to know how to do it?
Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
Thanks for your wisdom and help to the IV community.
I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.
Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
Thanks for your wisdom and help to the IV community.
I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.
more...
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techskill
08-14 05:05 PM
Hi all:
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.
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rheoretro
11-07 01:20 PM
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
more...
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crystal
03-30 10:53 AM
respone below
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
They will be on Adjustment of status after h4 expiry .
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)
I would appreciate some wisdom here.....
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
They will be on Adjustment of status after h4 expiry .
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
you dont need to do anything extra. if they want to go out of country and come back instead of h4 they have to use Advance parole (AP)
I would appreciate some wisdom here.....
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guyfromsg
07-26 10:14 PM
This is new to me. Can you please indicate the site address of this memo?
Thanks
It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.
Thanks
It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.
more...
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lskreddy
07-01 06:17 PM
I think in your second case (cpy B), you can apply for PP. As long as your first app does not impact ability to apply, you should be eligible. Check with your lawyer.
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overseas
08-21 04:22 PM
I further checked with my companies attorney and also called USCIS and understood that I need to file EAD and AP with Texas service center as I live in Massachusetts.
I did paper filing and sent my application today.
I did paper filing and sent my application today.
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yetanotherguyinline
03-02 03:03 PM
Here is the abstract of the paper....
Abstract:
Immigrants have historically provided one of America's greatest competitive advantages. They have come to the United States largely to work and have played a major role in the country's recent growth. Between 1990 and 2007, the proportion of immigrants in the U.S. labor force increased from 9.3 percent to 15.7 percent. Approximately 45 percent of the growth of the work force over this period consisted of immigrants. Moreover, a large and growing proportion of immigrants come with high levels of education and skill. They have contributed disproportionately in the most dynamic part of the U.S. economy - the high-tech sector. Immigrants have co-founded firms such as Google, Intel, eBay, and Yahoo. And immigrant inventors contributed to more than a quarter of U.S. global patent applications.
Since even before the 2008 financial and economic crisis, some observers have noted that a substantial number of highly skilled immigrants have started returning to their home countries, including persons from low-income countries like India and China who have historically tended to stay permanently in the United States. These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
Who are these returnees? What motivated their decision to leave the United States? How have they fared since returning?
This paper attempts to answer these questions through a survey of 1,203 Indian and Chinese immigrants who had worked or received their education in the United States and returned to their home country.
We find that, though restrictive immigration policies caused some returnees to depart the United States, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
Abstract:
Immigrants have historically provided one of America's greatest competitive advantages. They have come to the United States largely to work and have played a major role in the country's recent growth. Between 1990 and 2007, the proportion of immigrants in the U.S. labor force increased from 9.3 percent to 15.7 percent. Approximately 45 percent of the growth of the work force over this period consisted of immigrants. Moreover, a large and growing proportion of immigrants come with high levels of education and skill. They have contributed disproportionately in the most dynamic part of the U.S. economy - the high-tech sector. Immigrants have co-founded firms such as Google, Intel, eBay, and Yahoo. And immigrant inventors contributed to more than a quarter of U.S. global patent applications.
Since even before the 2008 financial and economic crisis, some observers have noted that a substantial number of highly skilled immigrants have started returning to their home countries, including persons from low-income countries like India and China who have historically tended to stay permanently in the United States. These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
Who are these returnees? What motivated their decision to leave the United States? How have they fared since returning?
This paper attempts to answer these questions through a survey of 1,203 Indian and Chinese immigrants who had worked or received their education in the United States and returned to their home country.
We find that, though restrictive immigration policies caused some returnees to depart the United States, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
misanthrope
10-09 05:38 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
ROTFL !!!
ROTFL !!!
ramhs
02-06 07:43 PM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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