sabr
09-19 06:06 PM
company A applied for my GC. They cant provide me jobs.
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
txh1b
08-18 06:46 PM
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.
At least don't wish them bad luck....
C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.
glus
06-28 04:47 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
You are as stupid as what you wrote.
You are as stupid as what you wrote.
H1Girl
10-13 02:52 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
more...
paskal
12-22 10:16 PM
Mark you calenders/palms/outlooks etc
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
AND
watch this space for details on calling in
AND
let us all know if you can attend
Thanks!
enggr
03-17 03:56 AM
Friends,
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
more...
chapper
11-11 01:26 AM
Please add more data if you find.....
http://img216.imageshack.us/img216/570/workinprogressue6.jpg
http://img216.imageshack.us/img216/570/workinprogressue6.jpg
gchopes
08-04 04:04 PM
my2cents - Agreed and Understood. But what if you are not on H1/H4 and just on EAD/AP aka AOS status. In that case you cannot mail the second AP and return on that. You need to return on the first AP.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
more...
perm2gc
12-14 12:07 PM
I searched some ways to solve the GAP problem.
Now I collect it and please correct it if I have some mistakes.
GAP problem is a normal problem . So we can share our information about it
to help each other.
Yanj Welcome to IV.We are here to help everyone.Your one month gap can be solved either by taking a course at Kaplan or talk to your international student advisory to take an extra course.Finally can you please help us my joining new members and contributing to IV.
Now I collect it and please correct it if I have some mistakes.
GAP problem is a normal problem . So we can share our information about it
to help each other.
Yanj Welcome to IV.We are here to help everyone.Your one month gap can be solved either by taking a course at Kaplan or talk to your international student advisory to take an extra course.Finally can you please help us my joining new members and contributing to IV.
tnite
07-30 02:19 PM
I wouldnt be surprised if this thread is referenced by numbersusa and alipac.us as " H1B's using anchor babies to get Green cards"
They did have it in their fax campaign but removed it.
They did have it in their fax campaign but removed it.
more...
Ram_C
11-14 01:21 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
pappu
08-14 09:54 AM
The IV Advocacy kit is now available to all donors and state chapter leaders. Please contact your state chapter leaders to get the kit.
more...
adiboss007
06-07 10:52 PM
http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx
ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
more...
dixie
09-19 04:06 PM
We should just be asking for relief on waiting times, ability to travel freely, and change jobs.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.
I do agree that increasing visa numbers does not make good PR for our cause.
But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.
However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.
panday
11-21 09:44 AM
HI everybody,
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
more...
felix31
04-18 03:20 PM
well,
I hope I interpret this correctly.
Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
Which means, earlier cases that are already filed will be processed where they were filed...
I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.
In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..
Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
The new rule and transfer of cases applies to cases applied on or after April 1st 2006
I hope I interpret this correctly.
Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
Which means, earlier cases that are already filed will be processed where they were filed...
I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.
In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..
Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
The new rule and transfer of cases applies to cases applied on or after April 1st 2006
ngopalak
10-14 11:14 PM
Thanks for the info....sounds like a good idea!....I will ask my lawyer abt this...
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
qualified_trash
12-01 05:47 PM
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
perm2gc
08-24 11:42 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
You can still come as a student if your intent is to study in US but if you want them to hand over GC after you complete a degree then dont come ..You may have got master/phd degree from top universities which does not mean you qualify for immediate GC.. If you feel that people with BSC or BA have cheated the system so are you... Student Visa is to Study in US but not for Permanent Immigration to US
Is there any use in comming here as a student?? anymore..
You can still come as a student if your intent is to study in US but if you want them to hand over GC after you complete a degree then dont come ..You may have got master/phd degree from top universities which does not mean you qualify for immediate GC.. If you feel that people with BSC or BA have cheated the system so are you... Student Visa is to Study in US but not for Permanent Immigration to US
gkaplan
04-22 12:13 AM
country if birth is germany
No comments:
Post a Comment