meridiani.planum
07-10 09:22 PM
inline...
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
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chanduv23
11-09 08:16 AM
Did someone say beer? If you guys will bring in chips and salsa, I will get beer. Let me know if you decide for 7ish on Friday. Will be there.
Cheers,
Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
Obama - Rama
Michelle - Sita
Sasha and malia - lava and kusa
biden - lakshmana
one of us will be ravana, kumbakarna .....
with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis
and some champagne - because they may make an announcement "Best costume winners will get a green card"
Cheers,
Cool - lets have a theme for the party and we can all wear clothes based on that theme. How about ramayana?
Obama - Rama
Michelle - Sita
Sasha and malia - lava and kusa
biden - lakshmana
one of us will be ravana, kumbakarna .....
with beer chips and salsa - I would also recommend shish kebabs with spicy chutney and offocurse onion and mirchi bhajjis
and some champagne - because they may make an announcement "Best costume winners will get a green card"
mzafar125
08-16 05:24 PM
Hi,
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.
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EB2_Jun03_dude
04-11 11:16 AM
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)
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CantLeaveAmerica
07-21 05:17 PM
My wife and I received a similar RFE in yesterday's mail. It seems they do not have our form I-693 in their possession. Wonder why they took 2 years to figure that out though we had submitted all documents in its entirety at that time. Anyways, we will be redoing the medicals and sending them the form..an additional $500 for both of us!
Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.
Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."
Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...
Hope this info helps...
Back to your question, YES, we did both receive a letter for the RFE along with a yellow(gold) paper with the officer #, receipt #, reply by date (33 days if received by post), A# and the address for the sealed envelope from doctor to be sent to printed on it. The yellow letter has to be placed on the top. Btw, the officer # was same for both mine and my wife's cases.
Please note that in the last paragraph, this is what it states: "You must submit the requested information within 30 days from the date of this letter (33 days if this notice was received by mail). Failure to do so may result in the denial of your application."
Does this mean that there are some folks that may receive the RFE through email only and therefore will not receive the yellow(gold) paper in the regular mail? I dont know...
Hope this info helps...
milind70
06-21 01:30 PM
thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
USCIS may take 4 to 6 weeks to isues you grant extension.
If you are going that route please apply it right away.
Or else take a trip down to canada.
People on this forum have done it .
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
USCIS may take 4 to 6 weeks to isues you grant extension.
If you are going that route please apply it right away.
Or else take a trip down to canada.
People on this forum have done it .
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leo2606
09-15 06:39 PM
Do we have any guesstimate for the number of attendies for the rally?
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mdipi
10-28 05:03 PM
i dont have a cgi bin....
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tnite
07-19 10:18 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
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ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
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gchetna
09-10 11:44 AM
Thanks for your response. I am hoping that I will be able to tell them to give me time to get my H1B transfered. They have always been very understanding so far, but you never know...Thanks guys
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bbenhill
03-05 06:30 PM
btw her location will be @ Portland, Oregon.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
more...
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willwin
03-22 05:05 PM
This PWD has easily become another "major" process in the very long, frustrating GC journey.
PWD-LC-I140-AOS!!!
Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.
PWD-LC-I140-AOS!!!
Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.
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quizzer
08-18 01:49 PM
Need help ....
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
more...
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sjhugoose
February 20th, 2004, 07:39 AM
Steven,
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
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jlt007us
09-14 02:42 PM
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.
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number30
06-29 03:45 PM
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
Talk to some senior guy in Humana. They have three templates. One of them has International Coverage in it. I had this problem in 2005. I was able to get the letter after talking his supervisor.
What are my options. Can you guys suggest where I can buy the insurance from.
Talk to some senior guy in Humana. They have three templates. One of them has International Coverage in it. I had this problem in 2005. I was able to get the letter after talking his supervisor.
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eilsoe
10-16 09:50 AM
TIFA!!!!
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for_gc
02-11 08:46 AM
My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.
Best of luck with your EB2.
Best of luck with your EB2.
kiru_99
10-30 05:03 PM
Thanks for the reply. Atlast I could talk to my lawyer and the reason given by him is while sending the I485 application for my wife they sent the 1 & 3rd page of the application & missed the 2nd & 4th pages while taking xerox copies. He said he will try to resend it but not not sure whether tehy will accept. He took even 1000$ more from me for fast service.
For his mistake I have to pay the price.
I don't know what to do now..
For his mistake I have to pay the price.
I don't know what to do now..
paskal
07-14 12:01 PM
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???