caforum2
08-24 02:08 PM
I have similar situation and not sure whether I will be able to apply for H1B revalidation..
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
srikondoji
10-15 05:37 PM
The way the government is trying to make money by first increasing H1-B fee and then adding premium processing and then adding I-140 premium processing, it looks like we are not too far from premium processing everything in GC(I-485 etc).
They could introduce a jumbo offer for $20,000 and you get GC within few days.
They could introduce a jumbo offer for $20,000 and you get GC within few days.
uma001
11-16 04:57 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
Is your green card filed under EB2 or EB3?
seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
more...
sathish_gopalan
07-19 05:26 PM
Thanks. What happens when we apply for I485 using EB2 ?.
Do we need to withdraw the EB3 I485 ?. In that case my current EAD becomes invalid and cant we work for three months until we get the EAD using EB2 485 application ?.
Do we need to withdraw the EB3 I485 ?. In that case my current EAD becomes invalid and cant we work for three months until we get the EAD using EB2 485 application ?.
nish
10-06 05:54 PM
You could apply to change status from L-1 to H-1B while staying in the US. If the L-1 expires while the change of status is pending, however, you could not work during the gap.
You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
You should not have a problem getting a H-1B visa in India. Have you thought about Canada or Mexico either?
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
more...
GCBy3000
07-26 04:09 PM
Is this good or bad? We dont have even one single person with negative attitude. At least that is good.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
martinvisalaw
06-12 05:18 PM
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.
My 2 cents.
Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.
more...
sanjuatl
06-08 11:39 AM
how about contributing to IV? When ppl here dont pay $10 for IV...will they $1 or $2 Million for Saturn....Do you think so????
axp817
05-15 08:27 PM
The way things are looking right now, you will probably get US citizenship before Eb2 Feb'06 becomes current.
more...
desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
Ann Ruben
01-12 10:15 PM
You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.
Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.
more...
immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
beavis
02-14 10:09 PM
I always book tickets for my mom on travelocity.co.in using my US credit card. works perfectly and they have great prices.
more...
omved
10-03 08:59 PM
I will be happy to provide any further assistance you may need..If not done so far, please do help IV by contributing some money and participating in different activities..
My email is omved@yahoo.com
Thanks
My email is omved@yahoo.com
Thanks
mrajatish
07-02 09:58 AM
Stop replying to this guy - focus on something more meaningful.
more...
EADchallenged
08-22 08:31 PM
Afsandyar, your link provides text that has existed for at least 3 months.
Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.
Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.
apoojo
08-23 11:09 PM
I had a quick question to add to this....
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
kirupa
04-22 05:13 PM
I have added your treasure trove and "old school web design" stamps :) I think the text in some of the other stamps needs some work. More specifically, I'm seeing a lot of words. The good stamps I've seen use more visual imagery as opposed to text to convey information very quickly.
geesee
10-09 04:18 PM
In this economy, forget any movement, I'd be happy even if we get to see the next bulletin..
imv116
03-01 07:15 PM
Hi All,
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
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