horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
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purgan
05-02 11:24 AM
Just as Robert Rector said yesterday that High Skill Immigration needs to be "encouraged", today we have Loo Dobbs shedding sympathy for legal immigrants like ourselves stuck in the backlog...
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
Leo07
05-21 10:30 AM
and there are lots more like us...
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transpass
03-23 05:07 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
more...
caliducas
06-06 04:56 PM
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
gccovet
11-24 01:24 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.
GCCovet
bnk96,
Sorry to hear that, could you please PM pd_recapturing?
Thank you.
GCCovet
more...
anil_gc
11-26 05:36 PM
Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.
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$eeGrEeN
08-02 01:38 PM
Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.
Your's is thru' a Bank . My response was regarding a MO thru' USPS.
I guess that is what the person intended to ask >>>
"I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"
Your's is thru' a Bank . My response was regarding a MO thru' USPS.
I guess that is what the person intended to ask >>>
"I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"
more...
krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
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Sakthisagar
05-19 10:40 AM
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
more...
jgh_res
06-20 11:11 AM
Are you trying your luck to get an RFE with digital pics?
Read the following post:
http://www.immigrationportal.com/showthread.php?p=1678834&highlight=digital#post1678834
Some are successful with digital pics but there are lot of them who had issues with digital pics including me, twice. All the best!!!!!
get the photos from CVS, they give you 6 photos for 8 bucks
Read the following post:
http://www.immigrationportal.com/showthread.php?p=1678834&highlight=digital#post1678834
Some are successful with digital pics but there are lot of them who had issues with digital pics including me, twice. All the best!!!!!
get the photos from CVS, they give you 6 photos for 8 bucks
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jayleno
02-14 08:42 PM
I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
more...
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claudia255
10-22 03:11 PM
Thanks Admin2.
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sammyb
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
then it may hurt you ... but again it depends on company to company ...
Any ideas?
then it may hurt you ... but again it depends on company to company ...
more...
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upuaut
09-15 03:27 AM
Are you talking about the "rayoflight" effect?
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http://www.kirupa.com/developer/flash5/rayoflight.asp
if it's not that effect, write back and let me know what you're talking about.
If so, I built a tutorial on replicating it, which is located here.
http://www.kirupa.com/developer/flash5/rayoflight.asp
if it's not that effect, write back and let me know what you're talking about.
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Redeye
04-09 03:05 PM
First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
more...
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sundevil
07-05 04:52 PM
You are right. There are days I feel like writing to Durbin, Grassley or Sanders about this practice because few of all the 350K odd BEC LCs are out there for taking by these a**h**s. I have always wished that one day all these approvals get dug out and financials behind them investigated. I wouldn't be too sad to see all these guys behind bars and their GCs revoked.
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
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maddipati1
07-17 04:34 PM
my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.
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Saralayar
12-12 05:18 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)
uma001
10-16 12:50 PM
Do everything in premium..It is a matter of extra $1000 for each stage (H1 or I140)
BharatPremi
10-29 04:10 PM
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
They will play this game of presenting and failing bill till 2009. We have seen hundreds of them failing and will see couple more. They are not wasting time.. They are creating vote banks for next election... If any new change is going to happen, will happen after elections.
They will play this game of presenting and failing bill till 2009. We have seen hundreds of them failing and will see couple more. They are not wasting time.. They are creating vote banks for next election... If any new change is going to happen, will happen after elections.
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