lazycis
09-26 10:30 AM
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
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swamy
05-21 11:55 PM
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
gc007
11-21 10:14 AM
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
If you read the AP it say in the bold letters that " This authorization is valid for multiple applications for parole into the US during the valid period noted above "
Hope this helps.
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
If you read the AP it say in the bold letters that " This authorization is valid for multiple applications for parole into the US during the valid period noted above "
Hope this helps.
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myeb2gc
02-24 02:38 PM
Hi , My 140 is cleared. But my consulting company is smaller. I am in search of job, some marketing companys were asking me to change employer..... confused whether to stick with my employer OR change to a new employer.
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calif
12-07 04:16 PM
* * *
indyanguy
02-23 06:37 PM
I already finished 14month 8days and still pending in NSC
14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:
14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:
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CHHAYA
02-25 11:00 AM
we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?
To get SS you need valid EAD.
To get SS you need valid EAD.
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watzgc
09-18 05:41 PM
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.
yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.
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bsbawa10
09-29 08:41 PM
Extremely well put together. Can we send it to USCIS director so that it can make some impact ??
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h1bemployee
02-26 05:14 PM
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....
My employer gave me Mar 12th as deadline.....
wandmaker... I am really sorry ...
here are the details:
when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form
and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.
There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.
after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.
# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.
# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.
If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.
Can I transfer my H1 in this situation?. Please help.
What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .
I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....
My employer gave me Mar 12th as deadline.....
wandmaker... I am really sorry ...
here are the details:
when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form
and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.
There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.
after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.
# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.
# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.
If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.
Can I transfer my H1 in this situation?. Please help.
more...
mrdelhiite
08-08 09:10 AM
roseball, agree. got same resp from my attorney while filing AOS for my wife
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yup Senthil Thanks a lot for your reply.
-M:D
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Googler
06-18 08:23 PM
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
more...
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ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
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Rakson
03-03 06:58 PM
You have added important point for consideration. Thanks!
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
more...
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abcdefgh
01-18 10:26 AM
Do the Primary Applicant and the Spouse both need to take this Test??
No
only the primary applicant needs to take the test
No
only the primary applicant needs to take the test
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royus77
07-17 10:59 PM
The link is not working
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
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karthiknv143
06-20 12:27 PM
^^^^^^^^
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vinabath
05-15 01:04 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
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gcnyc
06-20 11:29 PM
Does any one know answer for this? I was curious to know.
keerthisagar
01-06 09:26 AM
75% of us in this forum do not qualify for the legislation being proposed here!
marlon2006
06-14 10:52 AM
Hi RC, that's just a nickname.
My PD is April 2002. At Nebraska Service Center, I was able to file the I-485 on Feb 2005 and from there we've got our EAD.
Yes, I know what you are saying about the one income, three people. There are many things to consider. We prefer that my wife invests more time parenting my child, therefore she is working only part-time. Part-time jobs typically are low income. It is hard to put your 1-3 year old child in a daycare full-time, you know. It is not the same than when you take care of your child, at least in my opinion.
If you ever come to Seattle, just send me a private message and we can organize something here.
Hi Marlon,
BTW, did you change your username??
We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(
My PD is April 2002. At Nebraska Service Center, I was able to file the I-485 on Feb 2005 and from there we've got our EAD.
Yes, I know what you are saying about the one income, three people. There are many things to consider. We prefer that my wife invests more time parenting my child, therefore she is working only part-time. Part-time jobs typically are low income. It is hard to put your 1-3 year old child in a daycare full-time, you know. It is not the same than when you take care of your child, at least in my opinion.
If you ever come to Seattle, just send me a private message and we can organize something here.
Hi Marlon,
BTW, did you change your username??
We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(
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