desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
ItIsNotFunny
12-03 12:03 PM
Bump ^^^^
suren26
07-24 12:12 PM
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
panky72
07-21 10:38 PM
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
I second that. For more info on the subject please see this link which details the link between BCG and positive skin test in layman language.
http://www.pamf.org/patients/bcg_ppd.html
more...
sweet_jungle
09-24 01:16 PM
[QUOTE=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N[/QUOTE
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N[/QUOTE
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
eastindia
04-08 08:39 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
more...
vin13
09-30 01:08 PM
On mine and my spouse the online status just changed. I did not recieve any email.
gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhJ9YTo_xCp5ESFm3M6OJkzMXGqxgML86VE3LmtMYb2OhUuDQJKlG2sdBMZw4PfXAc5p7Tz0nLvOazIRzVn3vWUsL7M9YwWHCXAL9aMDS2req5-stEmshPO6dNiTZsufOomb-aE8JZVKvM/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhJ9YTo_xCp5ESFm3M6OJkzMXGqxgML86VE3LmtMYb2OhUuDQJKlG2sdBMZw4PfXAc5p7Tz0nLvOazIRzVn3vWUsL7M9YwWHCXAL9aMDS2req5-stEmshPO6dNiTZsufOomb-aE8JZVKvM/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhJ9YTo_xCp5ESFm3M6OJkzMXGqxgML86VE3LmtMYb2OhUuDQJKlG2sdBMZw4PfXAc5p7Tz0nLvOazIRzVn3vWUsL7M9YwWHCXAL9aMDS2req5-stEmshPO6dNiTZsufOomb-aE8JZVKvM/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhJ9YTo_xCp5ESFm3M6OJkzMXGqxgML86VE3LmtMYb2OhUuDQJKlG2sdBMZw4PfXAc5p7Tz0nLvOazIRzVn3vWUsL7M9YwWHCXAL9aMDS2req5-stEmshPO6dNiTZsufOomb-aE8JZVKvM/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
more...
wait4ever
11-09 05:44 PM
What is wrong with people here ?
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
phillyag
07-20 02:17 PM
I'm confused - what is the point of applying for AP if you aren't also applying for EAD?
Yes, I believe you can apply for EAD yourself
I believe one can travel on AP. For current employer EAD is only needed when I do not have H1 status.
If i am correct.
Yes, I believe you can apply for EAD yourself
I believe one can travel on AP. For current employer EAD is only needed when I do not have H1 status.
If i am correct.
more...
jonty_11
10-30 06:21 PM
if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!
optimystic
04-21 04:24 PM
hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
Load balancing is one of the primary reasons.
more...
Desichakit
08-15 05:43 AM
Good you are online
oldporkchops
07-29 04:00 AM
Hi there,
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
more...
iamlost
07-24 09:59 PM
Hi all,
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.
But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.
Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?
Thanks in advance !
vxg
10-19 05:38 PM
For new investors starting with index funds, mutual funds is best. You can see good value in banking area funds like KBE,XLF or when NASDAQ plunges buy qqqq.
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
more...
hsingh82
06-15 11:26 PM
Indonesia
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
eb3_nepa
04-17 05:04 PM
The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
A lot of people signing up will give the staff the right impetus.
Appu can you pls post some link or documentation showing that this is indeed in our favour. If it is then i have no problem supporting it. But from the looks of it, it seems like it is against H1Bs and temporary workers.
Let us pls be careful as to what we sign/support. A couple of mistakes could spell disaster for all of us.
YesGC_NoGC
06-19 07:31 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
ingegarcia
04-03 08:46 AM
Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
div_bell_2003
10-14 07:43 PM
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.
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.
