veni001
12-28 11:07 AM
To get H-1 extension you need to have one of the following
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
Approved PERM labor (not expired)
PERM labor pending for 365 days or more
Pending I-140 or
Approved & "Valid" I-140
If you can not produce any of the above then "no" H1 extension beyond 6th year.
On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
miracles of allah. pics miracles of Allah
waitin_toolong
08-14 06:11 AM
It is not crystal clear wether you can extend H1 or not after using EAD but is clear that you cant be working on H1 for one employer and EAD for another.
miracles of allah. Miracles of Allah
mikemeyers
05-11 05:18 PM
here is another questions I need to ask, if anyone can plz get them answered it will be great.
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
1. There was I-94 attached which was also lost. Recently, we transferred H-4 to different comany, so Uscis sent i-94 with approval notice, would that work or we need to get apply form 102 for replacement? Also, is there a way to notify uscis that i-94 is lost and will reapply once we get to ?
miracles of allah. Name of Allah on a Cow
ImmInd
02-19 05:07 PM
FYI: Reg. EAD, AP and H1 usages and Extension possibilities:
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.
My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.
My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).
It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!
more...
miracles of allah. the Miracles of Allah
prom2
09-24 10:14 PM
I have bad credit will that effect my Green card?
Did you mean master card?
Good luck !
Did you mean master card?
Good luck !
miracles of allah. Allah Kaktus - Allah Kaktus
dealsnet
10-12 08:37 AM
Your situation is complicated.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS.
more...
miracles of allah. Miracles of Islam - Allah#39;s
sathweb
01-13 08:02 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Look at this document:
http://www.greencardapply.com/news/news05/news05_0308.htm
In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".
http://www.state.gov/documents/organization/87866.pdf
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Look at this document:
http://www.greencardapply.com/news/news05/news05_0308.htm
In the following pdf, read section (e). It is not very clear what they mean by "A priority date is not transferable to another alien".
http://www.state.gov/documents/organization/87866.pdf
miracles of allah. miracles of allah
redgreen
06-06 04:20 PM
Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
more...
miracles of allah. miracles of allah. miracles of
garybanz
09-26 04:20 PM
My lawyer asked for separate checks for each application.. FP is always added to I-485 fees.. But since they issued EAD receipt for you and spouse, that means definitely 2 485s... Guess you need to wait for the receipts to get the missing receipt # or you can call USCIS...
Usually how long does it take to get recipts after the check in cashed?
Thanks.
Usually how long does it take to get recipts after the check in cashed?
Thanks.
miracles of allah. Islam miracles images
jsb
09-24 01:00 PM
cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).
more...
miracles of allah. Filed under: Allah Miracle
imh1b
02-25 10:40 AM
Guys,
Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?
It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.
Would it be of benefit, if USCIS sends us a notice when our petition is "Pre-adjudicated; awaiting visa number"? So, we can at least be in peace and go on with our life?
It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.
miracles of allah. Miracles of Allah/wonderen van
ek_akela
06-14 01:05 PM
Finally after waiting for 5 yr of waiting I am ready to file for 485...a quick question. Last Year I applied for H1 extension along with H4 for my wife.for some reason she didn't get the approval notice(online case does show her case approved ) Now for 485, I need to send her H4 which I don't have..What options do I have? I asked my employer and he was clueless..
He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o
He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o
more...
miracles of allah. Miracle Pictures of Islam
div_bell_2003
12-19 05:01 PM
It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
miracles of allah. Miracles of Allah (Photos) »
manderson
02-27 08:07 AM
Came across this article:
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
great find. this really sets a barometer for expectations... atleast personally!
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
great find. this really sets a barometer for expectations... atleast personally!
more...
miracles of allah. Miracles of Allah
cinqsit
03-27 07:31 PM
i have not applied for a GC as yet.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
How did you manage to pull this one off ? you got an EAD without applying for GC ?!!
Thats funny :-)
cinqsit
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
How did you manage to pull this one off ? you got an EAD without applying for GC ?!!
Thats funny :-)
cinqsit
miracles of allah. miracles of allah.
rsdang
09-18 11:16 AM
My AP was approved last week (Monday) still to get in mail.
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
more...
miracles of allah. miracles of allah 2009
prioritydate
08-09 12:07 PM
1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to prove that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.
3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.
4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.
5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.
6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.
7. Oops... we sorted all cases that can be approved, by descending order. Sorry!
8. Time and again we want to prove that we can do anything we want.
9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.
10. Yikes! Dog ate all 2004 cases.
miracles of allah. see such a miracle as this
pmamp
03-20 03:31 PM
I think there is something cooking. As always will have to wait .....
miracles of allah. Miracles Allah Miracles Allah
fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
fromnaija
07-25 04:30 AM
I don't believe there is any grace period.
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
Ramba
03-25 01:33 PM
Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.
I hope IV will take care of this situation.
I hope IV will take care of this situation.
No comments:
Post a Comment