Ramkumar
04-29 05:10 PM
# When you did your H1 transfer, how many years you got extension?
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
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rahul2699
05-16 09:12 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
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mbartosik
03-15 01:19 PM
just emailed scanned (to PDF)
Mine was dated Feb 24
Mine was dated Feb 24
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solaris27
08-15 08:58 AM
http://boards.immigration.com/blog.php?b=36
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chanduv23
08-08 03:24 PM
Lets make this event successful.
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desi3933
07-06 11:53 AM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.
This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.
______________________
Not a legal advice.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.
This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.
______________________
Not a legal advice.
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otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
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WeShallOvercome
10-05 01:26 PM
Speddi
which serivce center are your applications pending with?
Hi,
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
which serivce center are your applications pending with?
Hi,
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
more...
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st4rguitar
04-06 02:10 PM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
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milind70
04-07 05:28 PM
sam_gc,
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
There is a provision but need complelling reasons for extension of stay over six months at a strech on B2. The odds are high that they may have trouble getting a six month stay the next time around.What happened in a rare case with other should not be taken as precendence.It depends from situation to sitatuon and is at discretion of IO at POE.
more...
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belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
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shimul99
09-25 03:37 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
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brav
07-31 11:20 AM
After going through all this , now we are hearing discussions that it is safe to maintain a H1B, (just) in case the 485 gets denied.
I for one would take my chances and switch from H1B to EAD.
I for one would take my chances and switch from H1B to EAD.
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snathan
02-09 09:23 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
more...
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belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
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bkarnik
04-17 03:37 PM
But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.
My 2 cents..
My 2 cents..
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ayazali17
12-18 07:08 PM
One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
Thanks for answering.
Thanks for answering.
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aj130346
03-15 08:29 PM
My comany is filing a second LC under PERM for a substantially different job position and job location.
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India
The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??
Thanks for your responses
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appusheth
03-17 11:40 PM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
calgirl
08-20 03:52 PM
When was this initiated and when was it cleared?
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
javaconsultant
03-28 01:55 PM
This would be a very welcome change ..........
Lets go for it.....I was watching yesterday's bill and could not find this
provision...Correct me if I am wrong....
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
Lets go for it.....I was watching yesterday's bill and could not find this
provision...Correct me if I am wrong....
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
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