hydbadi
06-26 05:06 AM
Hello!
I was laid off from Company A on H-1B in May 09. My EB2, India, I-140 was approved in Mar 09. Since PD is not current, I-485 has not been filed yet. Here are my questions:
Can I retain my PD if Company A withdraws(worst case) my I-140 petition?
If I find employment with Company B, can I still file my I-485 using Company A's I-140 petition assuming Company A provides me with an Employment Letter for future employment?
If previous step is feasible and I-485 is approved within 180days of filing, will it pose any issues if I have to invoke AC21? (since I will be working for Company B when I file I-485 with Company A) I ask this because I have 2 yrs and 4months on my H-1B off the 6yr limit and I am afraid I might run out of H-1B time before I file I-485.
Thanks!
I was laid off from Company A on H-1B in May 09. My EB2, India, I-140 was approved in Mar 09. Since PD is not current, I-485 has not been filed yet. Here are my questions:
Can I retain my PD if Company A withdraws(worst case) my I-140 petition?
If I find employment with Company B, can I still file my I-485 using Company A's I-140 petition assuming Company A provides me with an Employment Letter for future employment?
If previous step is feasible and I-485 is approved within 180days of filing, will it pose any issues if I have to invoke AC21? (since I will be working for Company B when I file I-485 with Company A) I ask this because I have 2 yrs and 4months on my H-1B off the 6yr limit and I am afraid I might run out of H-1B time before I file I-485.
Thanks!
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10-15 12:00 PM
Last Friday was a depressing day for me. A businessman and his daughter visited me in my office. When I asked how they had learned about our law firm, they said a lot of flattering things about how "famous" we were and about our "great" website. However, when I analyzed their case, it quickly became apparent to me that nothing could be done to help them. It was too late. The man's I-140 (EB1-3) which was submitted in April 2001 had been denied, and his former attorney had advised them to not to appeal, but to have the employer file...
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chris
10-19 02:40 AM
please can anyone suggest good immigration attorney in bay area.
We are expecting interview soon in local office.
thanks in advance.
We are expecting interview soon in local office.
thanks in advance.
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dreamydeb
07-14 03:28 PM
My situation is not very urgent, but I like to stay on top of things. Thanks in advance for your help, it is much appreciated.
My F1 visa expires on July 6 of 2011. However, I have an I-20 that permits me to stay in the United States until August 31st of 2012. The reason for this is that I came here as a master's student, but transferred to a PhD program. This is my second I-20.
I have plans to leave for India in May of 2011 and stay until end June 2011. Will it be necessary for me to apply for an F1 Visa extension? Technically I'll be back by July 6, but will it be problematic to get back without a renewed visa because there are only a few days remaining on the old visa? Again, as per the I20 I can stay legally here until August 2012. Is it difficult to renew the F1 visa? All this is almost a year from now but I'm getting quite stressed about the situation. I cannot certainly finish my degree by July 2011.
I humbly seek any information/advice anyone can provide on this. Thanks again for your time and attention.
My F1 visa expires on July 6 of 2011. However, I have an I-20 that permits me to stay in the United States until August 31st of 2012. The reason for this is that I came here as a master's student, but transferred to a PhD program. This is my second I-20.
I have plans to leave for India in May of 2011 and stay until end June 2011. Will it be necessary for me to apply for an F1 Visa extension? Technically I'll be back by July 6, but will it be problematic to get back without a renewed visa because there are only a few days remaining on the old visa? Again, as per the I20 I can stay legally here until August 2012. Is it difficult to renew the F1 visa? All this is almost a year from now but I'm getting quite stressed about the situation. I cannot certainly finish my degree by July 2011.
I humbly seek any information/advice anyone can provide on this. Thanks again for your time and attention.
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andycool
01-12 12:47 PM
Hi friends,
I got my I-140 approval in premium processing. But unfortunately, USCIS printed the new labor filing date (2010) when the attorney requested my I-140 to capture the old priority date which is June2004. My law firm already contacted USCIS to issue a revised notice with the old priority date (June2004).
How long does USCIS take to issue a revised I-140? Any feedback is greatly appreciated. Anything that we can do to expedite the release of the new I-140 notice with correct priority date?
Please let me know when you get a chance
Thank you so much for your help
Did you use your A number when you filed your new I 140 , ??
If so i think your I 485 will be automatically updated ..
Just my 2 cents
I got my I-140 approval in premium processing. But unfortunately, USCIS printed the new labor filing date (2010) when the attorney requested my I-140 to capture the old priority date which is June2004. My law firm already contacted USCIS to issue a revised notice with the old priority date (June2004).
How long does USCIS take to issue a revised I-140? Any feedback is greatly appreciated. Anything that we can do to expedite the release of the new I-140 notice with correct priority date?
Please let me know when you get a chance
Thank you so much for your help
Did you use your A number when you filed your new I 140 , ??
If so i think your I 485 will be automatically updated ..
Just my 2 cents
yabadaba
10-05 06:03 PM
10/05/2007: November 2007 Visa Bulletin
There has been no forward movement of the Employment cut-off dates for November. State Department explains that the reason for this is that it is still too early to see what impact the movement of the cut-off dates toward the end of FY-2007 may have on demand. Depending on the rate of demand being received from Citizenship and Immigration Services offices for adjustment of status cases, some forward movement of dates may be possible for December.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3827.html
There has been no forward movement of the Employment cut-off dates for November. State Department explains that the reason for this is that it is still too early to see what impact the movement of the cut-off dates toward the end of FY-2007 may have on demand. Depending on the rate of demand being received from Citizenship and Immigration Services offices for adjustment of status cases, some forward movement of dates may be possible for December.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3827.html
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08-07 09:40 AM
Politico reports on a McCain interview with CNN. The other interesting takeaway is McCain's indication that he'll stand firm in insisting on a guest worker program in the comprehensive immigration reform bill if he's going to work for its passage. I hope he's successful in that effort. Without addressing the future flow of immigrant workers, we'll be debating another legalization bill in ten or fifteen years.
More... (http://blogs.ilw.com/gregsiskind/2009/08/mccain-gop-needs-to-court-hispanics-if-it-hopes-to-ever-regain-majority-status.html)
More... (http://blogs.ilw.com/gregsiskind/2009/08/mccain-gop-needs-to-court-hispanics-if-it-hopes-to-ever-regain-majority-status.html)
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Blog Feeds
03-12 08:40 PM
USCIS has issued a memorandum to Chileans in the US letting them know that various measures are in place to assist some who may face immigration obstacles due to the massive earthquake in their country: The grant of an application for change or extension of nonimmigrant status on behalf of a Chilean national who is currently in the United States, even in cases where the request is submitted after the individual�s authorized period of admission has expired; Re-parole of individuals granted parole by USCIS; Extension of certain grants of advance parole, expedited processing of advance parole requests; Expedited adjudication and...
More... (http://blogs.ilw.com/gregsiskind/2010/03/uscis-reminds-chileans-of-immigration-accomodations.html)
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WashingtonSt
02-22 12:36 AM
This is my situation:
I am in my 8th year of H1B extension (2 one year extensions after 6 years)
I had my LC I140 approved, but due to retrogression I cannot continue with the adjustment of status.
This is my question:
If I move to a new position that would require me to file new LC (PERM), am I still subjected to the 365 days rule?
I am confused because my employer filed the LC 365 days prior to my H1B expire on the 6th year in order to get the extension. Now, since I can only have one year extension and I have less than 1 year left on my H1B visa, can the new LC still be filed? Will this jeopardize future H1B extension?
Am I missing something here? Is there another strategy?
Based on other discussion, it seemed that I am eligible for 3 years extension. But there are still 200 days left on my H1B visa. I suppose 3 years extension cannot be filed until near expiration date.
I am in my 8th year of H1B extension (2 one year extensions after 6 years)
I had my LC I140 approved, but due to retrogression I cannot continue with the adjustment of status.
This is my question:
If I move to a new position that would require me to file new LC (PERM), am I still subjected to the 365 days rule?
I am confused because my employer filed the LC 365 days prior to my H1B expire on the 6th year in order to get the extension. Now, since I can only have one year extension and I have less than 1 year left on my H1B visa, can the new LC still be filed? Will this jeopardize future H1B extension?
Am I missing something here? Is there another strategy?
Based on other discussion, it seemed that I am eligible for 3 years extension. But there are still 200 days left on my H1B visa. I suppose 3 years extension cannot be filed until near expiration date.
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Blog Feeds
08-19 05:30 PM
The Wall Street Journal reports that DHS will "intensify" its enforcement efforts against employers around the US: John Morton, the new chief of U.S. Immigration & Customs Enforcement, a unit of the Department of Homeland Security, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators. Violations could also lead to criminal charges, he said. *** "You are going to see audits regularly and on a larger scale," Mr. Morton said during a two-day visit to southern California, his first since being appointed four months ago. "You will see...
More... (http://blogs.ilw.com/gregsiskind/2009/08/dhs-set-to-increase-number-of-employer-audits.html)
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freedom_fighter
12-15 12:36 PM
Hello,
I'd like to know can a dependent (not the prime applicant) on a pending 485 status, avail unemployment insurance, especially the extended benefits which are being given by Federal govt. to the states.
This is the latest from USCIS :
http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf
it says, that unemployment compensation is not public charge.
Does it even apply to both standard unemployment insurance and the extended benefits.
thanks
I'd like to know can a dependent (not the prime applicant) on a pending 485 status, avail unemployment insurance, especially the extended benefits which are being given by Federal govt. to the states.
This is the latest from USCIS :
http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf
it says, that unemployment compensation is not public charge.
Does it even apply to both standard unemployment insurance and the extended benefits.
thanks
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parsu
11-10 08:17 PM
Your Employer can file extension of I-94 till Feb 2011. No need to go outside the country.
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guyfromsg
02-18 11:01 AM
I've received very good advice from IV members and hope to get this one sorted out here. My in-laws passed away within the last 2 years and wife's younger sister is stressed out. To cheer up we plan to bring her to US for 2 months. Her visa may get rejected for these reasons. No strong family ties in India since the parents passed away. She is an engineer (non-IT) but not employed and she is unmarried and no other siblings in India.
However she is a partner is her father's business and can show the documents as a proof.
What's the best way to get apply for visitor visa
1. I sponsor her visit, by sending bank statements, pay slips and employment letters etc.
2. She applies on her own and show her partnership documents, bank statements etc..
3. She goes through a travel agent like SOTC and book 10 day sightseeing trip and after which she could join us.
Obviously her sister being in US and no parents back home is a big red flag but we can't change that situation.
Any advice will be much appreciated.
However she is a partner is her father's business and can show the documents as a proof.
What's the best way to get apply for visitor visa
1. I sponsor her visit, by sending bank statements, pay slips and employment letters etc.
2. She applies on her own and show her partnership documents, bank statements etc..
3. She goes through a travel agent like SOTC and book 10 day sightseeing trip and after which she could join us.
Obviously her sister being in US and no parents back home is a big red flag but we can't change that situation.
Any advice will be much appreciated.
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sudhakar09
03-04 04:49 PM
I am currently on H1B through company A previously I was working for Company B before that was working for Company C.
I transferred my H1B from C->B->A, Because of current Economy now my employer(Company C) is saying that if I lose my current project at client location he is going to cancel my H1.
If that happens can I go back to B Or C company, as My previous companies never cancelled my H1.
Appreciate any help here.
Thanks.
I transferred my H1B from C->B->A, Because of current Economy now my employer(Company C) is saying that if I lose my current project at client location he is going to cancel my H1.
If that happens can I go back to B Or C company, as My previous companies never cancelled my H1.
Appreciate any help here.
Thanks.
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ckarri
02-27 03:43 PM
Yes .You should be able to do.
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VivekAhuja
03-03 01:07 PM
Your H1-B visa (just an entry permit) remains active until expiration date.
You can get a visitor visa and visit your brother.
You can get a visitor visa and visit your brother.
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snhn
08-09 12:28 PM
SO can anyone attend these or only invitd guests. IF anyone can attend, then does anybody knows the procedure of gong to one of these.
Thanks
Homeland Security Committee
Bellingham, Wash., on Aug. 8 -- What are the border infrastructure successes since passage of the REAL ID Act and the 9/11 Commission Implementation Act, and what challenges still exist?
Austin, Texas, on Aug. 17 -- What are the criminal consequences of illegal immigration along the southern border?
Thanks
Homeland Security Committee
Bellingham, Wash., on Aug. 8 -- What are the border infrastructure successes since passage of the REAL ID Act and the 9/11 Commission Implementation Act, and what challenges still exist?
Austin, Texas, on Aug. 17 -- What are the criminal consequences of illegal immigration along the southern border?
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heathere3
12-24 11:26 AM
Hi, I'm sorry to inform you but the mutliyear EAD cards are not here yet, so your EAD will be for only one year. But congratulations on getting that!:D
EB3 ROW
PD Aug 2005
RD July 2 2007
AP rec'd Nov 2007
EAD ??? Still not rec'd
EB3 ROW
PD Aug 2005
RD July 2 2007
AP rec'd Nov 2007
EAD ??? Still not rec'd
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hearthorbeguy
01-03 01:47 AM
Guys I will be going for my first H1 visa stamping in New Delhi. I am currently in the US. I transfered from F1 to H1. Have been looking into documents to take to the interview, and looking at so many 221(g) cases, have been confused by this term "unemployment wage report". I would really appreciate it very much if someone could please tell me what is "unemployment wage report" and how is different then "prevailing wage report"? Also, do I need to take both of them to the visa interview? Thanks!
Regards,
Hearthorbeguy
Regards,
Hearthorbeguy
pd_recapturing
05-27 11:40 AM
Guys, I am efiling 765 for EAD renewal. last year, my lawyer filed 765 and sent a G-28 along with that. This time, I am efiling on my own, do I need to send the G-28 ?
also, please let me know if photos are required to sent after efiling 765.
my AP is expiring sometime in mid Oct and EAD is expring on 30 Sep. I am efiling EAD on 30th of May, can I do the same for AP though, it will still be more that 120 remaining for AP?
also, please let me know if photos are required to sent after efiling 765.
my AP is expiring sometime in mid Oct and EAD is expring on 30 Sep. I am efiling EAD on 30th of May, can I do the same for AP though, it will still be more that 120 remaining for AP?
LostInGCProcess
11-06 03:10 PM
How much time does it take for 485 to get approved with a visa number available. I applied for 485 after my i-140 was approved. Does the priority date have anything to do with processing for 485?
Nobody know how long it takes to adjudicate I485 once your PD becomes current. A conservative guesstimate would be 6-8 months. The whole processing of I485 is driven by the PD.
Nobody know how long it takes to adjudicate I485 once your PD becomes current. A conservative guesstimate would be 6-8 months. The whole processing of I485 is driven by the PD.
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