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alien2006
10-03 08:10 AM
Thanks for your replies guys.
makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
paragpujara
04-09 02:32 PM
looks like something is cooking at the backside of the door
http://news.monstersandcritics.com/usa/news/article_1289067.php/Bush_relaunches_push_for_immigration_reform
http://www.chron.com/disp/story.mpl/ap/tx/4699140.html
http://www.abcnews.go.com/Politics/wireStory?id=3023023&page=1
Bush is hopeful for a legislative compromise by August.
Let's hope for the best.:p
http://news.monstersandcritics.com/usa/news/article_1289067.php/Bush_relaunches_push_for_immigration_reform
http://www.chron.com/disp/story.mpl/ap/tx/4699140.html
http://www.abcnews.go.com/Politics/wireStory?id=3023023&page=1
Bush is hopeful for a legislative compromise by August.
Let's hope for the best.:p
jkays94
04-26 06:57 PM
Glad to have been of assistance and happy that the IV core played the greatest part in getting the story out. Lets keep our eyes and ears open as we look out for more opportunities. There is a potential opportunity from this article shared by gonecrazyonh4 : http://immigrationvoice.org/forum/showpost.php?p=9627&postcount=321
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
I looked around the site and found out that the misleading article was an op-ed and that the paper actually has someone dedicated to immigration issues. I found the following info, it might be worth following up as part of telling the other side of the story and correcting misperceptions that may have been created :
Brenda Gazzar : brenda.gazzar at dailybulletin.com, Immigration and Ethnic Issues (909) 483-9355
More contacts here : http://www.dailybulletin.com/contactus
more...
regacct
09-07 08:34 AM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Do you have a valid AP?
If not, how is it possible to enter the country?
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Do you have a valid AP?
If not, how is it possible to enter the country?
andy garcia
02-21 01:45 PM
Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.
What about the ones that cannot go back home?
We need skill bill.
What about the ones that cannot go back home?
We need skill bill.
more...
desi3933
07-09 10:30 AM
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
You are ok, if are on EAD and in AOS pending status.
I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.
_____________________
Not a legal advice.
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
You are ok, if are on EAD and in AOS pending status.
I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.
_____________________
Not a legal advice.
ameryki
01-02 09:53 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
more...
pathmaker
09-18 11:16 PM
What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?"
You should have no issues and your case should not be denied based on Medical grounds read more on the following
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
contact your attorny
-pratap
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?"
You should have no issues and your case should not be denied based on Medical grounds read more on the following
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
contact your attorny
-pratap
abhisam
01-08 12:03 PM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
more...
nefrateedi
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
That's incorrect. NSC does accept employment based I-485 applications.
That's incorrect. NSC does accept employment based I-485 applications.
mantagon
12-17 11:45 AM
I had gone to India via Munich in Dec 2006 with H1-B extension approved (VISA on passport had expired) without a Transit VISA and had no problems. Hope this helps!
more...
waitin_toolong
08-15 06:51 AM
and since you applications are not being filed with I-485 you will have to pay the new fee.
GCwaitforever
10-17 01:25 PM
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
more...
rocky17105
07-27 11:28 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
IAspire
02-21 11:53 AM
Thanks snathan. Can you please point me to a link that lists down the conditions needed to satisfy EB1/EB2/EB3. The link provide by samuel5028 is not working.
Thanks
IAspire
Thanks
IAspire
more...
YesGC_NoGC
07-17 05:45 PM
Congratulations IV !!
BharatPremi
11-05 09:54 AM
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indyyy
07-18 10:10 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
wandmaker
12-31 12:30 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
pointlesswait
04-28 09:24 PM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
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