meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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herns
03-20 12:36 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.
Do it yourself and save money!
Disclaimer: Iam not a lawyer and THis is not a legal advice.
I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.
Do it yourself and save money!
Disclaimer: Iam not a lawyer and THis is not a legal advice.
arihant
03-26 07:10 AM
Anyone interested in meeting lawmakers in Houston area email me at meetthelawmakers@yahoo.com. Also , do mail your phone number so, that we can arrange this asap!
Please check your PM.
Please check your PM.
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champu
02-28 08:32 PM
DEC 07 PD is current ..??? which category are you in.
Kuwait chargeability
Kuwait chargeability
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agiridhar
04-02 12:51 AM
It is a well known fact that the h1-b bodyshoppers/IT consulting companies exploit the system(laws) and their employee's for their own ends.
When everyone knows that these body shoppers are filing all the 65k h1's in one day for the jobs that are non existant with them, why no one is questioning it ?
These companies are not only grabbing all the available quota of h1's for locking in the techies(employees) and exploiting them but at the same time depriving the actual real companies (where work is done) from hiring the h1b techies.
Am just amazed at this pesudo demand of h1b created by these cyotes, isnt there any law to prohibit such malpractise/ cheating of the system ?
Also how can Attorney's and Law firms help in filing these made-up h1's are not they under oath to not do such malpractise ?
When everyone knows that these body shoppers are filing all the 65k h1's in one day for the jobs that are non existant with them, why no one is questioning it ?
These companies are not only grabbing all the available quota of h1's for locking in the techies(employees) and exploiting them but at the same time depriving the actual real companies (where work is done) from hiring the h1b techies.
Am just amazed at this pesudo demand of h1b created by these cyotes, isnt there any law to prohibit such malpractise/ cheating of the system ?
Also how can Attorney's and Law firms help in filing these made-up h1's are not they under oath to not do such malpractise ?
rtroy
10-09 04:49 PM
Hello,
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
more...
samrat_bhargava_vihari
05-27 04:22 PM
Two weeks is normal. We filed paperbased renewal last month end and it got approved.
FYI
though it is difficult to identify the EAC/SRC no in soft copy of check.
If you can able to print the back side of check you can easily figure out the EAC/SRC no.
FYI
though it is difficult to identify the EAC/SRC no in soft copy of check.
If you can able to print the back side of check you can easily figure out the EAC/SRC no.
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Krilnon
02-28 09:35 PM
Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P
Great entry!
Great entry!
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shishya
11-30 05:52 PM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
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raysaikat
08-01 12:11 AM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.
more...
yestogc
06-08 06:35 PM
First thing is never give USCIS more than they have asked for.
Send them a letter stating that your previous attorney made a mistake and you have never applied GC before.
secondly since incomplete medicals are bound to have another RFE, there is no harm in sending them revised medicals and yes they have to be sealed from USCIS approved doctors.
Send them a letter stating that your previous attorney made a mistake and you have never applied GC before.
secondly since incomplete medicals are bound to have another RFE, there is no harm in sending them revised medicals and yes they have to be sealed from USCIS approved doctors.
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reddymjm
04-08 11:46 AM
As I said before the CAP will not reach for a month or two.
more...
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Cheran
07-01 03:55 PM
Thanks Reddy.
CasinoRoyale,
My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
Reddy, says yes. Anyone else?
CasinoRoyale,
My question exactly, There are so many so called consulting company which might do it for a cost, but is it legal.
Reddy, says yes. Anyone else?
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ChainReaction
03-06 01:58 PM
March 6, 2006
Dear XXXXX:
Thank you for contacting me in support of recapturing unused
employment-based immigrant visas and imposing fees for
immigration services for intracompany transferees. I apologize for
the delay in my reply, but I appreciate hearing from you and I
welcome the opportunity to respond.
I agree that the U.S. government should recapture unused
employment-based immigrant visas and impose immigration service
fees for those visas. As you may know, the United States Senate
version of the Deficit Reduction Act of 2005, S. 1932, included a
provision that would recapture up to 30,000 H-1B visas that had not
been issued in prior years. Also, S. 1932 would impose an additional
$500 fee to obtain these recaptured visas. These provisions were not
included in the House-passed version of the Deficit Reduction Act of
2005, H.R. 4241. Unfortunately, the Conference Committee, which
was responsible for resolving the differences between the House and
Senate versions of the bill, did not include this provision in the
final
version of S. 1932. The final version of S. 1932 passed in the House
by a vote of 216-214 on February 1, 2006. President Bush signed this
bill into law on February 8, 2006.
Please be assured that I will keep our shared support for
recapturing unused employment-based visas and imposing fees for
immigration services for these visas very much in mind as Congress
considers immigration issues.
Thank you again for contacting me. As your Representative in
the United States Congress, it is a privilege and an honor to serve you
and to act as your voice in Washington. Please feel free to contact me
again with any other issue or matter that concerns you. You may also
want to visit my website at www.house.gov/rothman where you can
sign up for my e-newsletter and keep current with my latest
Congressional activities and policy statements.
Sincerely,
Steven R. Rothman
Member of Congress
Another hopefull congressman to keep in touch with.:)
Dear XXXXX:
Thank you for contacting me in support of recapturing unused
employment-based immigrant visas and imposing fees for
immigration services for intracompany transferees. I apologize for
the delay in my reply, but I appreciate hearing from you and I
welcome the opportunity to respond.
I agree that the U.S. government should recapture unused
employment-based immigrant visas and impose immigration service
fees for those visas. As you may know, the United States Senate
version of the Deficit Reduction Act of 2005, S. 1932, included a
provision that would recapture up to 30,000 H-1B visas that had not
been issued in prior years. Also, S. 1932 would impose an additional
$500 fee to obtain these recaptured visas. These provisions were not
included in the House-passed version of the Deficit Reduction Act of
2005, H.R. 4241. Unfortunately, the Conference Committee, which
was responsible for resolving the differences between the House and
Senate versions of the bill, did not include this provision in the
final
version of S. 1932. The final version of S. 1932 passed in the House
by a vote of 216-214 on February 1, 2006. President Bush signed this
bill into law on February 8, 2006.
Please be assured that I will keep our shared support for
recapturing unused employment-based visas and imposing fees for
immigration services for these visas very much in mind as Congress
considers immigration issues.
Thank you again for contacting me. As your Representative in
the United States Congress, it is a privilege and an honor to serve you
and to act as your voice in Washington. Please feel free to contact me
again with any other issue or matter that concerns you. You may also
want to visit my website at www.house.gov/rothman where you can
sign up for my e-newsletter and keep current with my latest
Congressional activities and policy statements.
Sincerely,
Steven R. Rothman
Member of Congress
Another hopefull congressman to keep in touch with.:)
more...
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anilsal
10-16 06:17 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
I am sure you have not updated your profile. Ha Ha!!!
800k will make majority jumping and fighting.
what is real number again??
I am sure you have not updated your profile. Ha Ha!!!
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newyorker123
06-11 09:54 AM
Thanks xlr8r, anybody pls tell me
Did I need to send my FOIA request to the following address apart from National Records Center ?
Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813
Did I need to send my FOIA request to the following address apart from National Records Center ?
Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813
more...
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GC444
08-11 10:24 PM
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!
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msadiqali
08-08 02:44 PM
a fax from india or a letter from your local doctor will do.
take it to local uscis office and you should get it within hours.
take it to local uscis office and you should get it within hours.
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deba
08-23 04:38 PM
I was told by consulate staff that the PIO card should be endorsed with the new passport # when you renew your foreign passport. I guess if you are traveling with both the old and new passport it should be ok, since they can verify right there. It is also a hassle endorsing the PIO card everytime you renew your passport. If you try to find out from the embassy/consulate ( that itself is a hassle), they will probably try to sell you for an endorsement. I do not know about the fees. I will be surprised if they didn't have one for endorsement.
veni001
07-20 05:57 PM
Since the current job requirement is bachelor, your employer can not file GC in EB2.:o
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
geestring
10-31 05:54 PM
3dsmax cost money. try gmax. its made by same company but its free.
and these programs are way more complicated
and these programs are way more complicated
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