jugunu64
01-12 04:02 PM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
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chanduv23
09-16 08:20 PM
^^^^^^^
gcisadawg
07-29 07:36 AM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
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permfiling
09-07 11:49 PM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
more...
GCwaitforever
06-03 03:26 AM
Indian Consulates will be conducting VISA camps at different places. Verify the schedule on the web site, stop by and get the passport renewed.
shaileshkaria2525@hotmail
12-15 10:48 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
I am a Chartered Accountant myself with a B. Com and a three year law degree and over 15 years experience but despite a clear reference in the transcript that the CA degree is equivalent to a master's degree and one would qualify to enroll for PHD with a CA degree, my lawyer advised against filing in EB2 and so my GC process is under EB3 category. I also had the evaluation stating that the Chartered Accountancy degree is equivalent to a master's degree.
I would strongly recommend that you should consider filing in EB2 category. But the lawyer has to be comfortable with the filing and theirs must be a reputed law firm as it carries tremendous weight.
But, unfortunately whether you file in EB2 or EB3 it's gonna be a long long wait!!!
Good luck!
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
I am a Chartered Accountant myself with a B. Com and a three year law degree and over 15 years experience but despite a clear reference in the transcript that the CA degree is equivalent to a master's degree and one would qualify to enroll for PHD with a CA degree, my lawyer advised against filing in EB2 and so my GC process is under EB3 category. I also had the evaluation stating that the Chartered Accountancy degree is equivalent to a master's degree.
I would strongly recommend that you should consider filing in EB2 category. But the lawyer has to be comfortable with the filing and theirs must be a reputed law firm as it carries tremendous weight.
But, unfortunately whether you file in EB2 or EB3 it's gonna be a long long wait!!!
Good luck!
more...
alseethis
06-11 01:00 PM
How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
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vijju123
04-28 04:51 PM
Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.
Vijay
Vijay
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pom
10-05 06:01 AM
:A+: I love the picture, Lost. That's the kind of design and colours that I like. I'm wondering if I might steal that for my site, hum...
:A+: Syko, your footer is brilliant! They are always fun, but this one is just great.
Good job guys.
:A+: Syko, your footer is brilliant! They are always fun, but this one is just great.
Good job guys.
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shsk
07-17 08:01 PM
So, are we again planning to send flowers or thank you card to Emilio
more...
gc28262
02-10 11:06 AM
When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?
Or is the receipt number enough ?
Or is the receipt number enough ?
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sidshar
05-15 04:22 PM
My PD is 2006 last year dates went current and I got it. I guess luck played a role.
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Mount Soche
12-18 06:21 PM
Summons to serve on the jury are sent to anyone with a driver's license so non-US citizens should not be surprised to get them.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
As everyone else says, just notify them of your ineligibility by the stated date and you will be excused. It is very important that you do notify them by the stated date or there could be legal ramifications.
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reachinus
08-25 09:42 AM
Good and happy to know that i was able to help you.
This is extremely helpful. I did not even get so much information from the Call Center.
Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)
This is extremely helpful. I did not even get so much information from the Call Center.
Thank you everyone for your ideas. I think I am finally ready for file for my EAD :)
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getgc2008
08-09 03:12 PM
I think we will see it towards Aug end... Till then happy browsing the forums.:)
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lazycis
01-04 01:06 PM
Here is what I usually submit:
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
more...
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malibuguy007
10-02 09:40 AM
Many of you would have had the chance to discuss with your better halves yesterday night - ready to contribute now? :D
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neoklaus
10-22 01:02 PM
If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.
Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).
Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).
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ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
shadowbuddy
03-15 11:27 AM
What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
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