unitednations
04-23 04:47 PM
Can H1 be extended on basis that I-485 filled and pending for more then 1 year?
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
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wandmaker
12-02 05:16 PM
no answers on this !! Does a RFE notice go to both employer as well as attorney???
140 RFE goes to primary contact on file, usually it will be attorney.
140 RFE goes to primary contact on file, usually it will be attorney.
saro28
12-11 03:10 PM
Thanks. My lawyer was worried to file I485 as derivative due to the fact my primary application is considered withdrawn. So he made a request in letter to adjudicate together instead of filing another 485. I guess i have to wait.
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Jimi_Hendrix
09-19 03:56 PM
Dear Pappu and Core Members,
I appreciate all your efforts and have made my own contributions to support what IV does. Lately due to the political standstill in the House, we have not seen much movement on the immigration issue. At the same time it is important to have some actions illustrated in the open forum to attract the attention of new members and existing members who continue to visit this website. I am of the opinion that unless the 'interest level' of people is maintained in coming to this website, understanding the action items and following them, people will lose interest in visiting this website.
Regards
Jimi
I appreciate all your efforts and have made my own contributions to support what IV does. Lately due to the political standstill in the House, we have not seen much movement on the immigration issue. At the same time it is important to have some actions illustrated in the open forum to attract the attention of new members and existing members who continue to visit this website. I am of the opinion that unless the 'interest level' of people is maintained in coming to this website, understanding the action items and following them, people will lose interest in visiting this website.
Regards
Jimi
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ras
01-10 10:16 PM
labor sub is not neccessarily always bad.
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
how do u check if a 485 isn't being filed based on I 140
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
how do u check if a 485 isn't being filed based on I 140
rajubuthi
08-17 08:07 PM
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
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kaisersose
04-16 10:45 AM
Just a quick question:
My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
I appreciate any response.
You do not need a lawyer. Just make sure CIS has your correct mailing address and keep watching your cases regularly for RFEs.
In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.
I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.
It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.
My employer had legal dept and lawer filed G28 form for me when applied for I-485. Do we really need to hire a lawyer to represent us? I am planning to move to client under similar job description this month end and would like to see if I have to file AC21 and change the lawer representation.
I appreciate any response.
You do not need a lawyer. Just make sure CIS has your correct mailing address and keep watching your cases regularly for RFEs.
In the event of an RFE, you can respond on your own most of the times. If you think it requires a complex response or if you are not confident, you can hire a lawyer at that point to respond to that RFE.
I would even say handling your case on your own is safer as I know some cases where the lawyer goofed up by not responding to RFEs. The applicant was not even watching his case status as he had left everything to the attorney and he had no idea about the RFE.
It is also not necessary to inform CIS about your job change unless there is a possibility that your previous employer may revoke your 140.
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loudobbs
08-24 03:25 PM
So I assume your PD need NOT be current to get FP notice?
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
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godspeed
12-03 07:43 PM
I think it will effect cases that are not adjudicated also. However u better check with ur lawyer.
Typically, any new regulations will affect new petitions, historically USCIS did not touch past cases for any new regulation changes.
But you are right, it doesn't hurt to check with our attorneys.
Typically, any new regulations will affect new petitions, historically USCIS did not touch past cases for any new regulation changes.
But you are right, it doesn't hurt to check with our attorneys.
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p_kumar
12-03 04:25 PM
gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
Why dont you just work for your new employer in december on voluntary basis and take the salary in Jan as a signon bonus?. This way you will have a clean record of 6 months on H1.
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nonimmi
06-15 02:27 PM
I guess at least 5-10% of GC applicants are in and around Edison NJ!! You guys will have to fight hard to get into the doc's office. :D
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rc0878
09-20 09:07 AM
Please check my signature!!!!
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lj_rr
09-25 10:10 PM
Received EAD Ordered email today.
Filed on July 24 at TSC.
Receipt mailed on 9/13.
Filed on July 24 at TSC.
Receipt mailed on 9/13.
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gsc999
03-03 07:19 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
---
Threads like these may be used by anti-immigrants to highlight fraud in H1B visas. Employer pays H1B and green card costs, Period.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
---
Threads like these may be used by anti-immigrants to highlight fraud in H1B visas. Employer pays H1B and green card costs, Period.
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bidhanc
06-04 05:03 PM
You are absolutely right abt the excerpt.
You need to send the EAD according to where you live (with pending 485 and Q16 answered with C9)
Bidhan
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
You need to send the EAD according to where you live (with pending 485 and Q16 answered with C9)
Bidhan
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
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lfgc
04-04 09:24 AM
usually, non-profit work may seem thankless & there'll always be someone who can find something -ve...I mean you have so much population that difference of opinion is easy. But, non-profit work is always more close to the heart...so...keep chugging...IV team has done GREAT work till now...appreciate it much!
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DSLStart
10-02 08:59 AM
doesn't matter if H1 is expired and AP is current. You are still good to fly via frankfurt.
How about coming back fron India to US on AP and expired H-1??
How about coming back fron India to US on AP and expired H-1??
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raj3078
02-22 09:46 AM
Wash Times is as conservative as your Lou Doubbs... I dont trust them...
http://www.washingtontimes.com/national/20070222-121742-6247r.htm
http://www.washingtontimes.com/national/20070222-121742-6247r.htm
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fromnaija
05-17 06:19 PM
In the thread you should find the process of contacing your local USCIS office to have your I-94 updated.
Thanks for the link. I looked at it before I posted my case but I don't think it was a mistake by the customs officer. He specifically told me that he cannot stamp the date of the future I-797's expiry date (Jun 2010) and asked me to contact my local office just before the current visa expires. My current one expires June 04 2007. The future 797 is valid from June 05 2007 till June 04 2010. But my visa stamping in the passport is till June 04 2010.
Thanks for the link. I looked at it before I posted my case but I don't think it was a mistake by the customs officer. He specifically told me that he cannot stamp the date of the future I-797's expiry date (Jun 2010) and asked me to contact my local office just before the current visa expires. My current one expires June 04 2007. The future 797 is valid from June 05 2007 till June 04 2010. But my visa stamping in the passport is till June 04 2010.
LostInGCProcess
06-17 03:47 PM
Thanks, snathan...i shall ask folks around before signing it. :)
roseball
08-19 09:06 AM
Thank you all for your suggestions and they are helpful.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.
I would wait for one or two months for the next FY visa bulletins and decide on starting my new labour in EB2.
Thank you again.
If your current/future job is eligible for EB-2, you have the qualifications to meet the job requirement and your employer is willing to start EB-2 process, I would get the process started as soon as possible. With your current EB-3 PD, I dont see anything changing in the next 1 to 2 months. You might as well start it now so you can complete the PERM documentation and advertising phase and file PERM in 2-3 months duration instead of waiting. Thats my 2 cents.
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