snehaledu
09-19 06:50 PM
My application is recieved by R COOK on 10th July and no news yet.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
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kaisersose
07-30 05:19 PM
Hello
I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.
Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
I am working on a L1 B Blanket Visa since the past 3 years. My visa is expiring on 11/18/08 and my employer encourages me to apply for a fresh petition from India rather than apply for an extension here due to the no. of cases denied. My wife is presently employed through EAD which expires the same date.
Is there any way that she can retain her employment while we both get our VISA stamped a month before my current VISA expiry date from India ? She might not get 2 months leave without pay which is the usual processing time for a re-extension of EAD considering we both arrive in US after getting a new VISA in the first week of November 2008. Please advise.
I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.
Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.
gc4sk
06-24 06:40 PM
If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
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martinvisalaw
09-29 11:42 AM
If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.
She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.
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gcformeornot
08-02 01:09 PM
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gc_chahiye
10-03 12:29 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
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GC20??
07-30 02:33 PM
Hi,
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
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am4gc
01-17 12:56 PM
WAC numbers means they are in california center. you can check the status typing this WAC number in
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=ciau4ahASQxb
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=ciau4ahASQxb
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Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
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sgsvg
12-18 05:09 PM
You can't.. It's very risky and not worth the trouble.. I tried and got denied.
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
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askreddy
06-18 01:05 AM
Hi
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
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Ahjeet
12-04 09:16 PM
Thank you for response.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
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mrajatish
09-18 09:59 AM
Don't worry, the same thing happenned with my wife (labor approval lost in mail) and it took her 3 months for 140 approval. For me, everything was fine and it took 6 months for 140 approval - isn't USCIS the best part of the American experience?:mad:
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newbie2020
06-17 12:57 PM
As long as you meet the requirements for EB5 (500K in approved areas/ 1M in rest)
you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.
Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.
you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.
Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.
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newbie2020
06-17 08:56 PM
It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....
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ssashraf
04-25 02:57 PM
I am planning to change jobs within the next 30 days and my I-140 is currently in process (filed October 2010). I have applied for I-140 premium processing last week and expect to have a response from USCIS by May 6 2011. My new employer is not sure that they can transfer the H1B since I have an I-140 in process with my current employer. The H1B with current employer expires on July 30 2011.
Question:
- Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
- Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension?
Guidance will be greatly appreciated.
Thanks!
Question:
- Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
- Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension?
Guidance will be greatly appreciated.
Thanks!
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ramus
05-14 08:30 AM
How much money would anybody able to spend for this kind of law-suit?
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smartboy75
08-04 07:37 PM
Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
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InTheMoment
11-01 01:30 AM
A biometric appointment notice on the way for you !....most likely.
sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
hibworker
12-15 02:48 PM
Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
