Cheetah5
01-28 12:03 AM
Hi,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
My perm was applied in Apr audited and finally heard that my perm denied in July 2010.
Reason - travel language in the notice of filing but not on form 9089.
Attorney will be filing for an appeal. Do you think its a good option ? Also how long would it take to receive an answer?
As luck would have it , my H1-b 6 yrs expires in Nov -2010. However my company did apply for an extension to Oct 2011 based on my Perm. Now that my perm has been denied is that extension still valid?
thanks,..
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veni001
07-06 08:53 PM
Looks like my attorney did not read 8 CFR completely before answering my question?:(
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
usirit
07-01 04:18 PM
Diptam;
We have shared some expenses of my H1B Visa -legal & processing fees- however, the ones related to my family were paid by myself. LC has been also splitted between employer and myself.
Although, I don't deny the requirement of processing and legal fees, I disagree on how employers (sponsors) and lawyers/attorneys handle them. Employers on one hand should cover without split or sharing the expense with the employee; just because of the fact of getting our salary -kind-of-locked-.
In the other hand, attorneys ...the ends justify the means...
I think that I am just frustrated with the whole process, MAYBE 20K wouldn't really matter if we were seeing results but we have to beg for an action/update or even worse lay around for who knows how long so the "system" can work.
If I had known what I know now... :rolleyes: everyone's wish!
We have shared some expenses of my H1B Visa -legal & processing fees- however, the ones related to my family were paid by myself. LC has been also splitted between employer and myself.
Although, I don't deny the requirement of processing and legal fees, I disagree on how employers (sponsors) and lawyers/attorneys handle them. Employers on one hand should cover without split or sharing the expense with the employee; just because of the fact of getting our salary -kind-of-locked-.
In the other hand, attorneys ...the ends justify the means...
I think that I am just frustrated with the whole process, MAYBE 20K wouldn't really matter if we were seeing results but we have to beg for an action/update or even worse lay around for who knows how long so the "system" can work.
If I had known what I know now... :rolleyes: everyone's wish!
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NolaIndian32
08-14 01:01 PM
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
Thanks for posting updated info...
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
Thanks for posting updated info...
more...
FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
sanjay02
10-17 08:24 PM
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
more...
dealguy007
05-11 04:23 PM
smuggymba / getgreensoon1 / vdlrao
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
OP is busy, International Manager got a call from her TCS Manager.
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
OP is busy, International Manager got a call from her TCS Manager.
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brij523
02-18 11:42 AM
Anyone else!! Lets join to help ourself.
more...
MightyIndian
11-05 06:11 PM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
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sledge_hammer
04-13 02:17 PM
What line of work are you in? Either send me a PM or post here.
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
more...
leoindiano
04-04 04:56 PM
Sunil,
I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.
In your h1b renewal, take an expert attorney's suggestion.
I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.
In your h1b renewal, take an expert attorney's suggestion.
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bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
more...
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willigetgc?
12-03 09:36 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
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lord_labaku
09-21 09:15 PM
If your passport has been impounded, cant you only travel out of the country by hiding in a cargo box anyway....GC will be the last in your list of worries. No?
more...
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amsgc
01-22 10:13 PM
Alright - good luck and sleep tight!
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
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sam2006
01-22 06:27 PM
THANKS A MILLION for the Effort
god bless
god bless
more...
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hpandey
01-30 11:45 AM
My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
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Uncertain
04-28 03:53 PM
Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
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AnandNJ
06-27 03:04 PM
No, you can not get a copy of I-140 by USCIS
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
continuedProgress
01-15 10:01 AM
Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.
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