ajju
09-07 12:10 PM
Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
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vallabhu
01-02 11:45 AM
I am not giving up so easily after waiting for 4 years, esp when I have qualification mentioned in ETA-750 and mine was not a substitution labor either.
Any other thoughts guys.
Any other thoughts guys.
kaisersose
05-07 01:26 PM
By virtue of your pending 485, you can stay unemployed for any length of time. But if/when CIS asks you for proof of a bonafide job offer, you should have one. Looking for a job at that time will not work.
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cooldesi
01-24 11:47 PM
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
I agree and my experience suggests that it's always better to file fresh application than mtr. this is just my personal opinion.
more...
ufo2002
09-01 06:02 PM
The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
Why bother with paperwork, wave some hands and declare all of them legal.
Why bother with paperwork, wave some hands and declare all of them legal.
Sakthisagar
02-24 03:25 PM
I think it is like this, if you apply before hand like 6 month before your Visa expiring date your chances of getting an RFE for client letter is minimal, provided you stick to the same employer and all necessary documents like paystubs, tax pay reciept etc, is submitted.
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
more...
GCBy3000
07-25 12:36 PM
This is under ideal conditions. How many 485 has complications and how many are not arranged properly. They have to consider everything. Just to get the papers right for review might take several hours. In between, they may be called for meeting, smoke break, tea break. So give them some slack. Two applications per day is good enough work for an employee considering each app has one or two dependends.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
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radhagd
05-15 12:14 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Yes you can file more than one AOS simultaneously and withdraw other one once I485 is approved.
more...
badluck
06-25 02:47 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
send new again. anyways first one is going to come back.
What are my options here? Does anyone has faced such a situation?
send new again. anyways first one is going to come back.
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gxr
10-12 09:50 AM
Naresh/Libra,
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
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11-11 01:26 AM
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chantu
06-15 09:26 AM
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
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Humhongekamyab
06-04 11:02 AM
You have a decent amount of money in your account(s) and the bank should be obliging you. If I were you I would take my money out of the account and deposit it in a bank close to where I live (BOA has branches all over the US so that might be a good option) and then get a letter from that bank. You can then send this letter along with the statements for the last six months from the previous bank. Don't let this stupid bank treat you like this; if they are not giving you the letter then they don't deserve your business. Go to the local branch of a bank and tell them that you want to open and account and move $12000 from the other bank; there is a good chance they will give you a letter for free.
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seahawks
11-04 01:26 AM
non compete will not allow to work with the same client through a different consulting company.
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Ann Ruben
01-24 05:18 PM
Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
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sameer2730
11-15 12:52 PM
You can travel back to USA from CANADA or MEXICO if you have a expired I-94 and a h1B which is valid while you are travelling (Its called Automatic Revalidation) if you are returning within 30 days and have not left the above mentioned countries during that period . I did it. Please do not give over your I-94 at the border or airport if asked. Let them you are returning in 30 days. However make sure you have copies of all your previous H1b and spouses H4b if any. My wife had converted from H4 to H1 3 years ago but has changed a job since. The customs officer at the border wanted to see her previous H1b.
Also you can take an appointment in BAHAMAS. I know a lot of people who got stamps from there. I think but am not sure , you do not need a visitor VISA to bahamas if you are a candian permanant resident.
About the Automatic Visa revalidation mentioned in the first paragragh its very clear and well known law. So 99.99% nothing will go wrong. Just try to travel by road (I have heard airport customs officers are not that familiar). Also travel along a busy border like Rainbow bridge . They know the law more in such places.
Also you can take an appointment in BAHAMAS. I know a lot of people who got stamps from there. I think but am not sure , you do not need a visitor VISA to bahamas if you are a candian permanant resident.
About the Automatic Visa revalidation mentioned in the first paragragh its very clear and well known law. So 99.99% nothing will go wrong. Just try to travel by road (I have heard airport customs officers are not that familiar). Also travel along a busy border like Rainbow bridge . They know the law more in such places.
more...
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fortune50
07-17 09:24 PM
Hi,
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
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rahulpaper
11-09 10:04 AM
We have a very similar case as yours...No FP and RFE on AP....
our 485 is NSC>CSC>NSC ...hence it is slow...my lawyer asked to wait for another month (60 from notice days)
RFE on AP is processed at NSC>CSC...
which means my 485 is back in NSC and AP is still at CSC....no connection between two applications.
our 485 is NSC>CSC>NSC ...hence it is slow...my lawyer asked to wait for another month (60 from notice days)
RFE on AP is processed at NSC>CSC...
which means my 485 is back in NSC and AP is still at CSC....no connection between two applications.
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Rakson
02-28 10:25 PM
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
roseball & "meridiani.planum" thanks to both of you on this confirmation. I will make sure to resign only after getting 3 years approval by new company.
roseball, "life long stability" is relative term as I am seeing new job much more stable than where I am as of today. ..
Again thanks for your help..
BhanuPriya
01-13 07:27 PM
Hi All,
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:
USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570
5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.
6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.
I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.
Please keep in touch if you have any other details.
Bhanu
JazzByTheBay
09-08 11:49 AM
Given the demographics of the greater Seattle area in general, and Redmond in particular - I'm surprised "softies" haven't taken over the WA chapter completely... :)
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
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