plakshmi
08-30 10:07 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
wallpaper the voice judges performance.
chanduv23
04-26 09:52 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.
desigirl
11-05 11:09 AM
1. DREAM Act
2. AgJobs
3. Make the EB-1 category more reasonable.
4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support.
5. Eliminate the one year bar on asylum claims.
How about clearing the backlogs in the employment based system? We are contributing to the wealth of the company and the economy but our futures are in limbo and the best years of our careers are wasted worrying about a green card!
Not surprisingly, according to the most recent State Department Visa bulletin, the EB-1 category is one of the only employment-based category without a waiting list.
Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?
Philip Wolgin: Five Ways to Move Forward on Immigration (http://www.huffingtonpost.com/philip-wolgin/after-the-election-five-w_b_778673.html)
2. AgJobs
3. Make the EB-1 category more reasonable.
4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support.
5. Eliminate the one year bar on asylum claims.
How about clearing the backlogs in the employment based system? We are contributing to the wealth of the company and the economy but our futures are in limbo and the best years of our careers are wasted worrying about a green card!
Not surprisingly, according to the most recent State Department Visa bulletin, the EB-1 category is one of the only employment-based category without a waiting list.
Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?
Philip Wolgin: Five Ways to Move Forward on Immigration (http://www.huffingtonpost.com/philip-wolgin/after-the-election-five-w_b_778673.html)
2011 makeup The Voice on NBC takes on the the voice judges perform.
WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
more...
wandmaker
02-25 04:08 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
webm
04-08 10:53 PM
No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.
What is ur PD/EB category?
What is ur PD/EB category?
more...
sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
2010 quot;Crazyquot; The Voice Judges -
sandeep_1
09-04 01:41 PM
I submitted an expedited SR using the phone and prompts suggested earlier. Thank you very much.
more...
anilsal
12-08 01:17 PM
Well, if the process is enter a name into some application to await a response, then I would pay 15cents a name. Why pay $4?
hair tattoo the voice judges sing.
kirupa
04-22 04:35 PM
Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!
more...
rangaswamy
08-29 06:04 PM
Best bet would be to talk to the Office of International Students in the university.
go with OPT and then when thats almost over.. then you can switch to EAD.../find alternatives
NO ssn tax on OPT ... which is a good advantage for you..
A
go with OPT and then when thats almost over.. then you can switch to EAD.../find alternatives
NO ssn tax on OPT ... which is a good advantage for you..
A
hot The Voice - The Judges Sing
vjkypally
07-20 02:07 PM
Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????
more...
house called The Voice,
zCool
04-02 08:50 PM
1. You can definitely change the employer and invoke AC21. No issues there..
2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.
2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.
tattoo The Voice, the four judges
gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
more...
pictures makeup The Voice”. the voice
gc_maine2
03-27 03:21 PM
:D:D:D::D LOL
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
dresses 2010 The #39;Voice#39; Judges Belt the voice nbc judges. The Voice, NBC#39;s
ttdam
10-18 01:19 AM
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
more...
makeup Fellow The Voice judges
skmurthy
05-28 05:10 PM
Great! Thanks a ton for your help.
girlfriend the voice judges performance.
s416504
11-10 02:49 PM
It is always good to maintain L1A status. I think best way to apply your L1A extention under premium & family under normal. I think premium fee is only for primary application & not dependent. If anything goes wrong with I140, you will be ground zero on status. In that case, You may have to leave the country immediately.
hairstyles #39;The Voice#39; garners mixed
njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
JA1HIND
02-14 03:31 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
hibworker
01-26 01:41 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
No comments:
Post a Comment