rkat
02-07 03:47 PM
Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!
My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?
Thank you!
My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?
Thank you!
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bitzbytz
07-13 02:17 PM
wooah...i got the problem solved.
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.
NY ways, i consulted a attorney and he suggested few things....
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.
NY ways, i consulted a attorney and he suggested few things....
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Pallavi79
01-29 10:41 AM
what is bc & nabc?? :(
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Jaime
07-30 05:06 PM
Hey man, there are like 2 other threads on this, but I'm glad that you brought it up, because this subject seems to have fallen by the wayside. I think that we should take this initiative by Senator Specter into consideration as part of our September 13 rally efforts, thoughts?
more...
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EkAurAaya
04-13 09:14 AM
Not sure if this information is already shared... but its good for people who prefer written communication then oral
Senate -
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Rep -
http://www.house.gov/writerep/
Senate -
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Rep -
http://www.house.gov/writerep/
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calboy78
08-10 07:16 PM
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
more...
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kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
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vine93
02-13 10:46 PM
I did this earlier.
Most of the good travel agents in India have online transfer money facility. Add their a/c to your ICICI a/c and transfer Money to them.
If you need their detail. PM me.
good luck
Most of the good travel agents in India have online transfer money facility. Add their a/c to your ICICI a/c and transfer Money to them.
If you need their detail. PM me.
good luck
more...
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Edison99
06-02 08:15 AM
Congrats satyachowdary on your I-140 approval. Is your I-485 has been approved with or with out interfile request, let me know...
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
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prioritydate
10-01 09:11 PM
Folks
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
this is a Q for my Friend
He was working at Lehman before the company filed for chapter 11
... He has been told that salary will be paid for 3 months
Right now he is at home and looking for other offers and no H1b transfer has been started
Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP
thanks
They are paying 3 months salary for a guy on H1B? Who is paying him?
more...
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tabletpc
08-20 12:03 PM
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
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pappu
04-10 11:55 AM
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
more...
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Porch
08-24 10:42 AM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now?
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pappu
07-24 09:50 PM
Please consider signing up for monthly recurring contributions. It will be a big help to IV and we can plan our lobbying efforts in the coming months ahead of time.
It seems people will wake up only after they are stuck in the 485 and EAD backlogs and ask IV to do something for them. It will be too late by then. The more we get closer to the presidential election, the lesser chances we have to get any relief. Hope all members realize this truth.
It seems people will wake up only after they are stuck in the 485 and EAD backlogs and ask IV to do something for them. It will be too late by then. The more we get closer to the presidential election, the lesser chances we have to get any relief. Hope all members realize this truth.
more...
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ItIsNotFunny
03-28 10:23 AM
For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
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seaken75
10-31 08:41 PM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
more...
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sangarmool
10-09 01:09 PM
Anyone?
Thanks
Thanks
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Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
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GCNeophyte
07-02 09:51 AM
idli_vada.. we have enough issues with our GC processings... get the hell out here
julsun
01-03 12:55 PM
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
amoschid
07-18 04:01 PM
thanks for the answer buddy
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
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