Rajkrish9
10-30 11:07 PM
Hi All,
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
wallpaper the Florida Shark Fishing
485Mbe4001
04-30 12:28 PM
... does it imply that you can work abroad while your work GC is being processed... speculation, no doubt:rolleyes:
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
According to the WSJ Article today (4/30/07):
Eight (years) refers to the number of years designated to clear the backlog of pending applications for permanent residency documents, or "green cards," from persons abroad or living here with a legal work visa. ... the application backlog would be confined to people who applied before May 2005, when major immigration legislation was introduced in the Senate in the last Congress
http://immigrationvoice.org/forum/showthread.php?t=3900&page=49
:confused:
I am on EB3 RW with PD of Feb 06. Does this mean even after CIR + SKIL passes and gets enacted, causing PDs to move forward significantly or become current in some categories and allowing us to file 485 & EAD... we have to wait 8 more years in preadjucation/ FBI name check delays/ Service Center Application backlogs (current NSC backlogged to Sept 06 for EB based 485)?
I am really freaked out. Can someone please shed some light on this.
(I posted this in another forum, but it seems that was shutdown. It's also on News Articles thread - but since that's for news only I wasn't sure if my question would get answered there, so re-posting it. Admin(s), if you must delete this, atleast send me a PM with answer to me question if you know it. Thanks.)
poorslumdog
10-11 08:08 PM
poorslumdog is tunnel rat
Dont put words into my mouth. get lost.
Dont put words into my mouth. get lost.
2011 Sharks off Palm Beach the day
gsc999
08-22 02:29 PM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
---
You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
---
You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
more...
yabadaba
03-20 03:55 PM
What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend a dime on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.
I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.
I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.
yabadaba
10-17 01:25 PM
u should just do a walk in and see. i did a walk in with my wife and the guard did not even look for the date. just walk in and see what happens.. dont say u r there to prepone...if they see the date at that time..request/beg them based on ur circumstances.
more...
alex99
09-28 09:22 AM
any body in the same boat?
2010 FLORIDA: The No Red Blues
kpchal2
03-17 10:53 PM
hi desi, even though i did not explicitly state that i want to port it, will it be automatically be ported. it seems like they see that first date as my priority date but i want to confirm it 10 times or more (due to the stuopidity of USCIS) before i jump in excitement.
more...
dipmay2002
11-05 02:08 PM
Notarized NOC is needed from you and your wife but was never checked for my daughter when she came back from India with my mother-in-law six month back.
hair bull sharks in Florida.
Sugar
07-10 11:53 AM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
more...
subarashi_indo
11-30 08:32 AM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
hot and hammer head sharks,
mrdelhiite
01-30 08:50 PM
FYI Florida already gives only 1 year licences no matter how long is ur Legal visa status is valid f1/h1/h4/ any other kind .... they also write "temporary" on bold red color currently on ur licence.
-M
-M
more...
house View full sizeSharks appear
Shivani
02-23 12:41 PM
Thanks for your response.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck for me...:)
You are absolutely right, I NEED it, during this time, its so hard to find new openings. :(
Shivani.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck for me...:)
You are absolutely right, I NEED it, during this time, its so hard to find new openings. :(
Shivani.
tattoo to do with all the sharks.
chandupatla
02-25 09:53 AM
Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..
more...
pictures of sharks in Florida,
vinabath
07-02 03:12 PM
Now the IV core agenda is brought to life USCIS.
USCIS, you are the god. You almost killed IV core agenda. Now you gave life to IV core agenda.
USCIS, you are the god. You almost killed IV core agenda. Now you gave life to IV core agenda.
dresses World Golf IMAX to play Sharks
gcdreamer05
09-19 12:39 PM
If I go for appointment and they put case under PIMS review as I just got ext approval last months. Will they take passport with them ? if Not can I travel with passport and ask to close case of stamping ?
I read in IV forums that few ppl had sent their 797 copy to kentucky center asking to check in to PIMS, you ca ntry that.
Ya they will take ur passport, if you request to release you need to basically cancel stamping and use ur EAD/AP to enter back but that will make you in to parolee status.
Please do post your experience after you go for stamping.
I read in IV forums that few ppl had sent their 797 copy to kentucky center asking to check in to PIMS, you ca ntry that.
Ya they will take ur passport, if you request to release you need to basically cancel stamping and use ur EAD/AP to enter back but that will make you in to parolee status.
Please do post your experience after you go for stamping.
more...
makeup Tags: Florida, Sharks, Surf,
raysaikat
12-19 12:18 PM
I came here with my dad and mom. My dad's I-485 was denied because his I-140 was revoked. He appealed but it was dismissed. With the principle application denied, everything for me and my mom was also denied. Because I was just a child I really had no idea what was going on. However flipping through all the family documentations I don't see any deportation orders, I only see something that says we no longer has a valid non immigrant status and the district office has jurisdiction over issues of departure.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?
Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
So my question is, and I realize this might be a stupid question, but what is my status in the U.S.? Am I an illegal immigrant?
Under what VISA did your parents enter US in the first place? When I-485 was denied, was the VISA based on which they had entered still valid? If yes, how long was it valid afterwards? What was your own VISA when you entered (even if you were a child, you would have your own passport and a dependent VISA)?
Am I deport-able? Am I visa overstayed? Since I did came here legally.
and with that status, is there anything I can do? Now that I am over 18 can I apply for visa/green card by myself? Through jobs or student visa? And what is the 3/10 reentry bar and how will it affect me?
I think I am one of the dream act students that failed today, and with that failed in the senate, I really dont know what to do. I know I might not deem to have the right to ask these questions, but any advice or help I would be grateful.
girlfriend #39;white#39; sharks in Florida!
sanju
07-22 01:14 PM
Its my turn to complaint about Red dots. Who gave me a red dot? I am just kidding and messing with you :D
BTW, Dhundhun, I thought you said that you will abstain for couple of weeks. You are already back? Everything alright? Just asking....
BTW, Dhundhun, I thought you said that you will abstain for couple of weeks. You are already back? Everything alright? Just asking....
hairstyles Sharks
dixie
10-17 01:42 PM
They can introduce all the premium processing they want, but the crux of the matter is that it is of no much use to us without the visa numbers to apply for a GC in the first place. USCIS will still end up making a lot of money - guess why - because we will have lost all our sanity by the time our PD becomes current so we wont mind shelling out money for I-485 premium processing even after having waited for ~10 years !! So more severe the retrogression, more the premium processing revenue. Not to speak of the fees for renewing the EAD,AP and so on. So much for the "USCIS certified premium processed" GC
manderson
04-18 08:08 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
neelu
09-15 03:55 PM
Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.
Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)
Wish you also good luck!
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)
Wish you also good luck!
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
No comments:
Post a Comment