coolpal
03-27 12:33 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
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lostinbeta
10-04 01:35 AM
Read in my post in the first page of this thread. I changed the last stop so it would be easier to understand and do.
I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)
I believe for my step to work you need to have the tool next to the marquee tool activated (the selection tool? I forget what it is called)
lghtslpr
02-13 04:40 PM
Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices
I've been told by senators' aids that letters, faxes and email all have an impact. Politicians do not read them all, of course, but their aids summarize volume and content for them. I was told specifically that written letters carry more weight than emails, because they represent greater effort by the sender.
-L.
I've been told by senators' aids that letters, faxes and email all have an impact. Politicians do not read them all, of course, but their aids summarize volume and content for them. I was told specifically that written letters carry more weight than emails, because they represent greater effort by the sender.
-L.
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dixie
02-12 07:36 PM
Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.
EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).
If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.
EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).
If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.
more...
apb
07-17 10:23 PM
The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
Please note that fee change will be effective for EAD/AP after July/30
Please note that fee change will be effective for EAD/AP after July/30
Legal
07-16 08:39 AM
I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
more...
NewDocinUS
02-05 05:49 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
Can you please let me know if you received my email.
Thanks
Can you please let me know if you received my email.
Thanks
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optimystic
04-22 03:48 PM
That means they do not have any applications that were not processed before July 11th based on current visa bulletin Priority dates.
Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.
Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.
But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.
Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.
Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.
But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.
more...
solaris27
10-15 01:46 PM
No you can't
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kubmilegaGC
09-11 03:52 PM
bump...
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god_bless_you
04-06 02:11 PM
Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.
If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
I am sure on that.. Please check with a Immigration attorney!
If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
I am sure on that.. Please check with a Immigration attorney!
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sujith1
07-30 12:41 PM
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
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ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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helterskelter
06-23 08:33 AM
Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)
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gjoe
08-21 10:23 AM
^^^bump^^^
For Rfc
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shirish
09-15 11:43 AM
It still says Aug 15th. I don't think they will release it yet.
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.
more...
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ilwaiting
06-15 03:30 PM
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
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optimystic
04-08 06:21 PM
See my details in signature.
Just waiting for the Processing dates in Nebraska to progress now.
Just waiting for the Processing dates in Nebraska to progress now.
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gcformeornot
07-26 03:43 PM
I think there is no truth to this. Can anyone point to a link to verify?
texcan
08-04 09:29 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My friend,
Donot get angry, its not personal to you...but for the action.
Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.
Sorry to say these words to you, please donot mind and not take it personally.
Be happy at least and spread some joy in community.
See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f
Please donate some time, money to IV...if not some cheer at least.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My friend,
Donot get angry, its not personal to you...but for the action.
Please live your life and try not to find excuses to be unhappy.
Think about this, you have been waiting for GC ( assumption) for last 3-4 years, you must have had your times of frustration, everyone does...but now when your GC is thru or about to be thru; you have found a way to stay anxious, unhappy.
Sorry to say these words to you, please donot mind and not take it personally.
Be happy at least and spread some joy in community.
See the link below, this is inspiration and actions i expect from community (IV) /friends/group. Please see
http://www.youtube.com/results?search_query=Sara+Reinertsen+Ironman&search_type=&aq=f
Please donate some time, money to IV...if not some cheer at least.
paskal
08-23 11:19 AM
"Anything that can possibly go wrong Does"
but:
make your best efforts then hope for the best.
that is the better line......
what will happen will. no point expecting the worst. good things happen to those that do their best. we make our own destinies...hey i could go on all day...
let's do the needful. come to DC. help with rally preparations
if you don't have a local chapter- help organize one. otherwise join your chapter!
but:
make your best efforts then hope for the best.
that is the better line......
what will happen will. no point expecting the worst. good things happen to those that do their best. we make our own destinies...hey i could go on all day...
let's do the needful. come to DC. help with rally preparations
if you don't have a local chapter- help organize one. otherwise join your chapter!
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