lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
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vnsriv
03-27 11:02 AM
Hi All,
My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
So is this correct that I can file my wife's case only when priority dates become current?
Now the real question is how do I keep track of this.
Option 1
On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html
All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES
Employment-Based
1st C 01JAN04 01JAN05 C C
2nd C 01JAN03 01JUL02 C C
3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01
So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?
Option 2
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
I-485 Application to register **** Employement Based adjustments application March 01,2005
Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case
Please suggest which is the correct way to keep the track
Thanks a lot
My gc was filed in Jun 2002 under EB3. I had approved labour and I-140.(in feb 2004).
I had filed my I-485 in June 2005 and got EAD in one month. I got married in Jan.
So is this correct that I can file my wife's case only when priority dates become current?
Now the real question is how do I keep track of this.
Option 1
On US buletin, as of April, http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html
All Chargeability Areas Except Those Listed CHINA INDIA MEXICO PHILIP-PINES
Employment-Based
1st C 01JAN04 01JAN05 C C
2nd C 01JAN03 01JUL02 C C
3rd 01MAY01 01MAY01 01FEB01 08APR01 01MAY01
So I should look at wait till my priorites date become current?(change from 01 Feb to Jun 2002) Is that correct?
Option 2
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
I-485 Application to register **** Employement Based adjustments application March 01,2005
Does it mean if I-485 dates move from March 01 to Jun 2005, I can file my spouse's case
Please suggest which is the correct way to keep the track
Thanks a lot
go_guy123
10-11 10:54 AM
It seems that the bill S 1085 (the Reuniting Families Act (RFA) has become active again. I received e-mails from Senator Menedez and Senator Lautenberg talking about the bill. Senator Menendex mentioned the recapture employment-based visas that haven't been used in past years so that they may be used in future years. Among other things, he also mentioned that he will continue to address the concerns of employment-based visas in the context of comprehensive immigration reform. He is the sponsor of the S 1085 bill.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill.
Senator Menendez in charge of this...looks like Fox guarding the hen house. I suspect he is more interested in hostage taking "employment-based immigrants " for his
"comprehensive immigration reform". Dream act advocates know this and are openly attacking the "frenemies" or "two-faced" pro-immigrant politicians and Senetor Reid in the democratic party.
Senetor Lautenberg mentioned "Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total."
It seems that Senator Menendez is doing a lot of work to bring relief to all immigrants including employment based. It may be brought in the lame-duck session in December.
Please call your Senators to co-sponsor/support this bill.
Senator Menendez in charge of this...looks like Fox guarding the hen house. I suspect he is more interested in hostage taking "employment-based immigrants " for his
"comprehensive immigration reform". Dream act advocates know this and are openly attacking the "frenemies" or "two-faced" pro-immigrant politicians and Senetor Reid in the democratic party.
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ARUNRAMANATHAN
05-22 08:41 PM
If we have a new Merit based system introduced
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
Does this mean that No more PERM and i-140 ?
Just the Merit Based System and Port PD to that system ?
Hmmm then people like me and others who are in the 8 th yr ext can renew the Visa....
I am in the same situvation have to change firm ...from A to B with approved 140 from A.
BS ...This is quite frustrating; you move in due to economical reasons ... wait wait to get the so called green card during that time you bite to fingers for to maintain the status from the blood suckers .... now these so called law makers who say you were supposed to work for 6 yrs now go back ...seriously I wish I had more powers than I have now ! Sorry guys to express my frsutrations ! !
Arun
more...
lostinbeta
10-04 01:20 AM
Hopefully it works....haha :)
peer123
04-17 09:35 AM
In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
more...
nav_kri
06-18 03:07 PM
I believe dates open 2 weeks in advance. If you want appointment in Nov check in mid of October. I recently went for stamping in Chennai and experience was smooth.
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java4yogi
06-09 02:05 AM
just checking if any lucky ones have received a approval for their h1b petitions this year !!!
more...
paskal
07-20 06:14 PM
it's DEAD.
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Kodi
07-03 11:08 AM
Texas service center. I think they move much faster than Nebraska.
Oh... ok. Where can I see which service station the aplication should go to? I'm in NY
Oh... ok. Where can I see which service station the aplication should go to? I'm in NY
more...
hsingh82
06-07 03:10 PM
Just want to share my experience at the airport with visa valid till Oct'09 and I-797 valid till May'11 from different employer. Officer looked at my visa and asked me when are you planning to get visa stamped based on new I-797 and I replied that when I go out of country next time. He granted me I-94 valid based on I-797 date. Very smooth.
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the_jaguar
03-25 10:46 PM
Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
more...
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![album justin bieber my world 20. [FS]Justin Bieber - My World](http://lulzimg.com/i9/64301b79.jpg "[FS]Justin Bieber - My World")
kirupa
01-02 06:38 PM
glos - that is fine :) Feel free to submit it then!
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gc_on_demand
04-24 09:47 AM
Good Question. Why no one from IV posted that yet?
Guys
If you recall IV posted news that there will be 3 bills in house regarding backlog. Immigration-law.com didnot even know at that time. I agree that IV didnot post about their movement on bill. IV core team might be busy on lobbying. Just wait and watch.
Will there be two bills for STEM and allowing people to file I 485 ?
Guys
If you recall IV posted news that there will be 3 bills in house regarding backlog. Immigration-law.com didnot even know at that time. I agree that IV didnot post about their movement on bill. IV core team might be busy on lobbying. Just wait and watch.
Will there be two bills for STEM and allowing people to file I 485 ?
more...
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saravanaraj.sathya
07-26 10:52 AM
I thot this amendment already was voted down..is it true or not?
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whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
more...
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singhsa3
08-19 12:56 PM
Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
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immi_enthu
08-10 05:03 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D
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Ramba
07-31 05:57 PM
Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..
(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
snathan
03-03 09:48 PM
Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
You should ask these questions to your employer.
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
You should ask these questions to your employer.
voicerj
04-04 10:34 AM
Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
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