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GCOP
11-08 07:17 PM
245i applicants ( the people who were out of status) were allowed to file for adjustment of status under LIFE ACT of year 2000 passed by congress. There were no additional Immigrant visas approved for these applications and they are being issued visas from the regular quota.
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
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tinuverma
11-09 10:18 PM
NKAVJS, thanks for the response.
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arunbabuk
03-17 05:32 PM
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greencardvow
07-17 05:36 PM
I filed 485 on July 2 2007 through Company 1. I left the Company 1 on July 7 2007. Company 2 had filed for PERM in June that had an approval on July 16 2007. I wana apply for 140/485 through Company 2 (concurrent filing) by this July 2007. Can I have 2 pending 485 application? I dont have the receipt for 1st 485 as it was just filed on July 2.
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pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
sk.aggarwal
05-22 11:26 PM
This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.
BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...
BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...
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usdreams
05-16 01:11 PM
May 24 PD, still no change in status.
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desi3933
03-13 02:48 PM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
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gc_on_demand
06-02 02:44 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
more...
rfarkiya
10-30 11:52 AM
Filed on 2nd July......
EB-2 (India)
I-140 approved on 2006
No receipt yet..... No activity other then LUD on I-140 on 08/05/07
EB-2 (India)
I-140 approved on 2006
No receipt yet..... No activity other then LUD on I-140 on 08/05/07
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wandmaker
10-26 10:51 AM
You can extend your h1 by 1 year, if you labor has been pending more than 1 year. 3 year extension is allowed when you have the approved I-140.
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
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karthkc
05-14 04:46 PM
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
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kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
more...
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gc_wow
02-05 12:05 PM
Really,I do not understand if you have MS degree why would you be doing testing? You sound like a troll from one of those hate groups.
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imm_check
10-30 11:13 AM
Iam july 2nd filers for I-485, I-765 and I-131 at the Nebraska Service center. Haven't seen any activity yet. called the USCIS last evening and the answer I got is still not in the system. Is there anyone who is still in the same boat? please update!
Me & my wife both got our reciept dates one month back, but not for my daughter .Which number should I call to check on the status of my daughter's application ?
Me & my wife both got our reciept dates one month back, but not for my daughter .Which number should I call to check on the status of my daughter's application ?
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raydon
09-16 11:18 PM
It might be difficult to switch to F1 from H1, especially after getting into the greencard process. Since the F1 visa is a non-immigrant type, you might need to demonstrate that you have no intention to immigrate.
Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.
Alternatively you could do the part time MBA on H1, if your employer is supportive of that. Full time MBA on an H1 could be dicey. You need to find out if it is doable with EAD status.
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dealsnet
02-24 09:03 AM
If the work for the same employer is fine. The EIN in the W2 and 1099 should match.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
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shana04
05-18 05:43 PM
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kroy1976
04-13 08:54 AM
Hi,
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
shana04
02-28 01:14 PM
the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.
Chandu,
When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.
Good luck.
Chandu,
When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.
Good luck.
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