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irukandji
04-03 09:52 AM
KPR,
From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.
Thanks,
Vijay
From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.
Thanks,
Vijay
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newbie2020
06-12 07:11 AM
Now as mentioned by multiple people some things are not clear
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
Pallavi79
02-21 11:43 PM
:)
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amitga
10-01 12:38 PM
When will newly elected Congress start the new session?
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praveenat11
10-08 05:05 PM
Are the dates current for I-485 filing?
lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
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sc3
10-22 10:22 PM
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
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gcwant
04-03 06:44 PM
I am a 2nd july ead filer and my ead expires in month of october 08 i have heard that we have to file 4 months before ,do i have to file 4 months before 2nd july or 4 months before expiry of my 1st EAd which is october 08.
please advice
thanks
gcwant
please advice
thanks
gcwant
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xbohdpukc
02-26 08:26 PM
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
No bill text was published yet, so there would be no answer to your questions till then
Thanks
No bill text was published yet, so there would be no answer to your questions till then
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makemygc
04-02 09:31 PM
Hi Desiguy786,
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
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Green_Print
07-17 06:54 PM
eb3_nepa,
See the flower campaign did lead to POSITIVE results. I hope your skepticism at the time of inception of the idea of flower campaign is now long gone.:D
See the flower campaign did lead to POSITIVE results. I hope your skepticism at the time of inception of the idea of flower campaign is now long gone.:D
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f1togc
09-09 01:47 AM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
Babu is right, you will be a parolee and can still work for your h1 sponsoring company.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
Babu is right, you will be a parolee and can still work for your h1 sponsoring company.
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Beemar
07-04 11:00 AM
I seriously doubt the intentions of the user cygent. What is the point of this thread? As it stands, this thread only provides publicity to immigrant-haters like Donna. Administrators must delete this thread.
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gcny2006
07-11 12:14 AM
We should better target each and every senators/congress in the judicial panel which oversees immigration with a message and a request to look into VB fiasco and recapturing of EB numbers .
May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people
lets not over do it. There is a thin line between it being tolerated and backfiring
May be some of those message through flowers / community services in that particular leader district /meeting them with a group of people
lets not over do it. There is a thin line between it being tolerated and backfiring
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clockwork
02-02 06:27 PM
My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
Gurus who have more insight into this process, please enlighten us.
Thanks -
Gurus who have more insight into this process, please enlighten us.
Thanks -
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nvsreddy
10-07 01:26 PM
My case is also in the same boat, My case transferred from TSC to VSC on July 20th 2009, after that I applied for AP to VSC on 7th of Aug 2009 and I haven't got any update on AP yet (did expedite the process on Sept 28th 09 through SR) ....after so many calls to TSC and VSC came to know that my case is transferred from TSC to VSC for security check and reached VSC on Sept 28th 09 (so it took more than 2 months to reach from TSC to VSC.....I think ppl will walk from TSC to VSC to transfer a case :) )
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pappu
12-19 02:07 PM
I thought that we should call one senator or(and) congressman every day.
I guess IV core doesnt want to do it for some reason.
We will use our community energies when it is needed and matters the most in the coming months. Pls. help us with other action items.
I guess IV core doesnt want to do it for some reason.
We will use our community energies when it is needed and matters the most in the coming months. Pls. help us with other action items.
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jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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bp333
11-13 05:03 PM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
Thanks. When refiling we submitted checks to cover old fee and an additional check to cover the difference for new fee. I don't know at this point what checks they cashed. For sure, USCIS us being very lenient and cooperative given the volume of cases, July fiasco etc..
I am very positive that your friends filing will get through as well.
hsingh82
02-15 03:43 PM
If every state was a different country, most of us would not have been here but at the borders fighting each other. India has progressed because of its secularism and diversity. We all would have been either fanatics or supressed by religion as most states would have religious heads governing it.
$eeGrEeN
08-02 01:28 PM
>>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
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