gccovet
06-17 04:07 PM
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
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howzatt
04-13 12:25 PM
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
jthomas
04-30 01:06 AM
How is that you have your PD in EB2 jan 03 and still did not have I-140 approved. I think you could have a issue anytime since EB2 Jan 03 seems to be current.
Is the PD right on your profile? Just checking.
Is the PD right on your profile? Just checking.
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bp333
09-25 12:51 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
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sprash
02-04 04:52 PM
I was in a similar situation and included 2 prepaid overnight envelopes (which btw, they have mentioned in their instructions). They probably tossed them in the bin and chose to send them by untrackable usps mail which took over a week to arrive. Very very aggravating! :mad:
glus
02-15 09:17 AM
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
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gc_on_demand
12-09 11:04 AM
Is there any hope for us...
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
If it would be there admin must mentioned it on first thread. Well if it passes cloture, then no amendments are allowed. which means dream act will pass by it self. If it fails cloture vote, dream act will not pass...( so no point of adding amendments )
so to me either dream act will pass as alone or will not.. depends on cloture vote.
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Outkastpb231
11-02 03:49 PM
That is just very Basic stuff from my training courses and seminars. I don't have any of my own work I have done recently because most of that was done at my friends house before I got my own place, and I have no way of acquiring that work, but I will make some more stuff tonight.
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desi3933
02-10 04:00 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
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ss777
12-17 02:30 PM
Did you mean DIA POE ?
Its Dulles International Airport (IAD) in Virginia
Its Dulles International Airport (IAD) in Virginia
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spulapa
08-05 01:35 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
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Pappu ke muh mein ghee shakar... :D
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krishnam70
02-17 06:59 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
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chanduv23
10-28 07:15 AM
Come on Mariners - everyone must be at the meet.
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glus
05-10 07:23 PM
hello,
Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.
Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.
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ars01
06-30 06:23 PM
Well said EB3 retro!! I like you approach. I have lost interest of GC. And actually, I don't care at all what happens to GC as I don't want to make my life decisions based on USCIS guidelines. I mean, I came here 11 years ago and I think US has lost the efficiencies it was known for. Very sad, but true.
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clockwork
07-06 10:57 AM
I apologize for not searching it enough. Thanks -
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Ann Ruben
02-07 09:23 AM
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
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gsc999
07-11 01:34 AM
Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
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anilsal
01-26 12:30 AM
Can we contact journos like Neil Cavuto, Sheryl Casone to talk about how giving GC to legals like us can stimulate economy in someway?
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
Vivek, suggestions are always welcome. But we get more folks suggesting than those that actively do something for IV's cause.
I am wondering if you would want to contact these journalists as an IV member. If you want more information or any other details, PM me your email address and phone number and we can co-ordinate off line.
The immediate need of the hour is the administrative fixes campaign success.
I noticed these Business section journos are endlessly talking about ways to prevent the recession.
We can suggest them to talk about recapturing of visas & giving the legals GCs as it can contribute towards (to some extent) a possible stimualtion to the economy(it will surely add to the percentage...) surely we are boosting the spending by making high earning legals spend more on say housing or Autos by giving them GCs...
Not sure if IV gurus are thinking on these lines.
Vivek
Vivek, suggestions are always welcome. But we get more folks suggesting than those that actively do something for IV's cause.
I am wondering if you would want to contact these journalists as an IV member. If you want more information or any other details, PM me your email address and phone number and we can co-ordinate off line.
The immediate need of the hour is the administrative fixes campaign success.
ImmInd
02-19 05:07 PM
FYI: Reg. EAD, AP and H1 usages and Extension possibilities:
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
shreekhand
07-25 05:23 PM
He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
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