bablata2007
11-27 03:44 PM
I-140 is approved. H1-B 8th yr. is valid till march 2008.
Thanks.
Thanks.
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zCool
04-01 06:02 PM
I am waiting for 13 yrs! So frustration should not be excuse for law-breaking..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..
meridiani.planum
06-17 09:24 PM
inline...
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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sathyaraj
11-02 10:38 AM
I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?
No. It will not help.
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.
Do you think there are only 61K nurses waiting in line?
Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.
No. It will not help.
Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.
Do you think there are only 61K nurses waiting in line?
Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.
more...
Kodi
09-16 06:26 PM
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
prom2
07-22 12:02 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010
I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010
more...
GCard_Dream
04-05 04:37 PM
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
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silk2fire
10-15 01:51 PM
I had only one lud after fingerprints code 3 (same Day - Thu day).
:( Does that mean my case is stuck in Name check.??????????????? :(
:( Does that mean my case is stuck in Name check.??????????????? :(
more...
bharani
10-02 05:00 PM
As the title says if your EAD has expired or is about to expire in couple of days and have not received renewed EAD, what are you doing/planning to do?
I have seen few threads in the site having information all around. I thought may be its a good idea to consolidate them here.
I have seen few threads in the site having information all around. I thought may be its a good idea to consolidate them here.
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kaisersose
06-10 02:20 PM
You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
more...
bestofall
09-16 03:29 PM
I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
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umangini
04-13 07:23 PM
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
more...
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JunRN
11-05 08:26 PM
I guess one option is "follow-to-join". Go back to home country and apply for follow to join.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
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jthomas
06-10 01:50 AM
The employer would offer you (and only you) one way ticket to the final destination to your country. You have to bear the cost of your family members.
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
more...
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ChainReaction
06-25 08:42 AM
My I140 is pending at Texas Service center ,so i will be mailing my 485 at the address stated @ TSC I140 receipt notice.
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abhijitp
08-30 05:17 PM
And thanks for your continued support. I wish every IV member thinks like you!
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
more...
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shantanup
05-28 01:12 PM
Go and talk to your local congressman about your situation. Ask him / her to do something to solve this problem. You have a genuine case. He / she has to respond.
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amsgc
05-29 08:13 PM
The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
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pappu
04-24 07:56 PM
Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
Thank you very much
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
Thank you very much
H1B-GC
07-17 01:53 PM
wow..indeed a long and arduous GC Journey. Congrats!
nousername
11-20 09:05 PM
Sorry to hear about your situation.. Your husbands b***s should be chopped for physically abusing you..
I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home (http://www.indiacc.org/legal_clinic)
You might have something like this around you live..
Good luck.
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home (http://www.indiacc.org/legal_clinic)
You might have something like this around you live..
Good luck.
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
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