hydubadi
04-30 03:56 PM
Hello Gurus,
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
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neeidd
06-29 05:18 PM
Hi,
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
zerozerozeven
04-03 09:00 PM
you can get only one OPT per level of study
ie., one OPT for under-grad
one OPT for grad
one OPT for doctoral
So I doubt if your wife will get another OPT with the new rule but you never know :-)
ie., one OPT for under-grad
one OPT for grad
one OPT for doctoral
So I doubt if your wife will get another OPT with the new rule but you never know :-)
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mrdelhiite
07-23 02:38 PM
I have an approved I-140 from my previous employer. Is there anyway, I can expedite my labor certification, I-140 approval and I-485 through my new employer on the basis of the previous approvals? I have a PD of jan'04. I know I retain my PD due to the I-140 but I wanted to know if there is anyway to not wait for the time it takes to get approval on LC and I-140.
no labor is position dependent not person dependent. You cannot make it go faster based on earlier 140.
-M
no labor is position dependent not person dependent. You cannot make it go faster based on earlier 140.
-M
more...
nat23
03-27 02:53 PM
Guys,
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
akizdetz
01-14 10:43 PM
Hi! I'm H1B holder and my company is willing to sponsor the green card. I'm coming from Eastern Europe (Moldova) and in US am working as software developer, I guess it's EB-3, right? I graduated in Romania Bachelor Degree in Mathematics & Computer Science (4 years) and Master Degree in Computer Science & Engineering (2 years). My work experience is more than 7 years. Please advice how to proceed to get this process done properly, legally and fast, reasonably possible and how much time it would probably take. Thanks in advance!
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Munna Bhai
11-01 06:56 AM
Hello,
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
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seeking_GC
07-14 07:16 PM
Hi,
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?
I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.
Cheers!
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?
I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.
Cheers!
more...
andy garcia
01-28 03:32 PM
I have a original copy whereas the lawyer has the approved I140.
Should I ask for the original or is that copy good enough?
This is taken from the 495 instructions:
Evidence of eligibility.
Based on an immigrant petition.
Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative,special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.
You do not need the original at all. It is property of the employer.
Should I ask for the original or is that copy good enough?
This is taken from the 495 instructions:
Evidence of eligibility.
Based on an immigrant petition.
Attach a copy of the approval notice for an immigrant petition that makes a visa number immediately available to you, or submit a complete relative,special immigrant juvenile, or special immigrant military petition which, if approved, will make a visa number immediately available to you.
You do not need the original at all. It is property of the employer.
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ravi.shah
10-06 03:58 PM
USCIS is increasing fees of various applications from 23, November 10
USCIS - Fact Sheet: After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Thanks for the link Raghu...
USCIS - Fact Sheet: After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Thanks for the link Raghu...
more...
nsb_immig
01-01 04:12 PM
Hello,
I am on H1, have filed Labor on 10/30/2009 (awaiting decision) and still have 2 months to go before my 6th year of H1 starts.
Now, i have plans for higher studies, but since i am a consultant/contractor and my projects are all over the US, I am planning to go full time (early 2011) either in US or outside.
I checked with a friend if I should go full time in US and he told me that since i have filed Labor, i have shown 'immigration-intent' and therefore my F1/student visa request will be denied, since F1/student visa is a non-immigrant visa.
Now my question to this forum of lawyers is, Is the above true for F1? Also, if it is true and due to that, if i plan to study outside USA and after my studies (which keep me out of US for more than an year) want to come back and work in USA, will my request for an H1 also be denied due to the same 'immigration-intent' i showed in my Labor process earlier, since H1 is again a non-immigrant visa?
Thanks in Advance for your help !
PS: I am a newbie in this forum. Pls let me know if any info is missing, or if such a concern has already been addressed in an earlier post, pls point me to the same.
I am on H1, have filed Labor on 10/30/2009 (awaiting decision) and still have 2 months to go before my 6th year of H1 starts.
Now, i have plans for higher studies, but since i am a consultant/contractor and my projects are all over the US, I am planning to go full time (early 2011) either in US or outside.
I checked with a friend if I should go full time in US and he told me that since i have filed Labor, i have shown 'immigration-intent' and therefore my F1/student visa request will be denied, since F1/student visa is a non-immigrant visa.
Now my question to this forum of lawyers is, Is the above true for F1? Also, if it is true and due to that, if i plan to study outside USA and after my studies (which keep me out of US for more than an year) want to come back and work in USA, will my request for an H1 also be denied due to the same 'immigration-intent' i showed in my Labor process earlier, since H1 is again a non-immigrant visa?
Thanks in Advance for your help !
PS: I am a newbie in this forum. Pls let me know if any info is missing, or if such a concern has already been addressed in an earlier post, pls point me to the same.
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Michael chertoff
08-01 09:08 PM
Please close the thread if it is non sence.
Just thaugt to have a idea about how many people have missed this opprtunity.
MY PD is EB2 June 7 2006.
MC
Just thaugt to have a idea about how many people have missed this opprtunity.
MY PD is EB2 June 7 2006.
MC
more...
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shana04
02-19 01:23 PM
I have been trying to go thru various threads in this sub-forum. I have few questions, which I will appreciate if anyone can answer:
1. Are you responsible for invoking the AC21 or the new company that hires you does that?
You
2. Will you be hired into new company using EAD or H1B?
EAD or H1B
3. Does H1B need to be transferred to the new company anyways?
yes, if you want to use H1B. Else use EAD it is your choice
4. If wife has started using her EAD, how does that get affected?
no, problem, if you are still on h1b then she can always fall back to h4
5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
you can use AP issued.
Thanks
Good luck
Karsan
------------
Status (Notice Approval Dates):
- AP (11/2007),
- FP & EAD (10/2007),
- I-485 (9/2007),
- I-140 (6/2007)
1. Are you responsible for invoking the AC21 or the new company that hires you does that?
You
2. Will you be hired into new company using EAD or H1B?
EAD or H1B
3. Does H1B need to be transferred to the new company anyways?
yes, if you want to use H1B. Else use EAD it is your choice
4. If wife has started using her EAD, how does that get affected?
no, problem, if you are still on h1b then she can always fall back to h4
5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
you can use AP issued.
Thanks
Good luck
Karsan
------------
Status (Notice Approval Dates):
- AP (11/2007),
- FP & EAD (10/2007),
- I-485 (9/2007),
- I-140 (6/2007)
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VK193
05-11 09:42 PM
Hi. I am currently here in the US applying for AOS from a B2 to F1 visa. I sent my application on the 26th April with USPS Express mail request return reciept. My current 1 94 expired on April 28th. My return receipt from USPS says that my item was signed for on April 28th leaving me still in status but when I received my I 797 C it says that the receipt date is April 29th. I am very worried and I am wondering if this is something I should call their customer services department about. I do not want my application denied simply because I may seem not to be in status. Please help, I am very worried.
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neeidd
06-30 05:04 PM
anyone?
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vss
11-20 01:53 PM
what does it mean? If you apply your 485 on July 2nd, within 6 months time (by Jan 2nd) you will get 485 approved?
more...
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wizpal
05-02 07:35 PM
A LCA has to be filed prior to your working at a new location. Make sure to file it ASAP. It's a simple procedure to follow.
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DareYouFireMe
02-11 12:14 PM
Assuming his I-140 gets rejected, is it going to impact his current EB3 process ? Remember, he is going to be on board with the new company only after I-140 process. By the way, new Labor will take atleast 5-6 months. Advertising, etc
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roopamadhu2004
03-14 12:45 PM
Employer 1(Very small company and doesn't exist anymore):
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
ps57002
09-23 07:35 PM
Also on
http://menendez.senate.gov/newsroom/record.cfm?id=303380&
http://menendez.senate.gov/newsroom/record.cfm?id=303380&
rjgleason
January 12th, 2005, 11:16 AM
I like it just the way it is Freddy......the emphasis here being the sky and the sunset........your interpretation and it looks great to me.