Dakshini R. Sen
06-25 11:12 PM
My H1 filed & approved thorugh company A from October 2004.
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
The RFE on the H1 will not have a negative effect on the GC as long as the employer and the job offer are legitimate. Yes, you can premium process your I-140. Effective June 29, 2009, USCIS will resume Premium Processing Service for I-140 forms.
Dakshini R. Sen,
Attorney at Law
212-242-1677
713-278-1677
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
The RFE on the H1 will not have a negative effect on the GC as long as the employer and the job offer are legitimate. Yes, you can premium process your I-140. Effective June 29, 2009, USCIS will resume Premium Processing Service for I-140 forms.
Dakshini R. Sen,
Attorney at Law
212-242-1677
713-278-1677
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sury
10-29 06:20 AM
I haven't applied yet. I don't know if I can apply for kid or not.
ragz4u
03-14 01:34 PM
Hi
Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.
Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.
Thanks
GCcomesoon
This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278
FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).
Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.
Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.
Thanks
GCcomesoon
This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278
FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).
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smuggymba
10-08 04:54 PM
You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.
Yeah question is what defines employment with them?
Yeah question is what defines employment with them?
more...
Beemar
12-09 12:46 AM
Thanks for many soothing words on my plight. But everybody is missing the point here. I am not complaining about red dots. It's the filthy language that was used in the comments that I am appalled at.
I guess admins can surely read all the comments that are being posted along with these stupid dots. They should at least expose the person. I mean, IV is a serious web site, isn't it? How can it tolerate such behaviour? In fact IV may be exposing itself to libel if it does not take any action.
I guess admins can surely read all the comments that are being posted along with these stupid dots. They should at least expose the person. I mean, IV is a serious web site, isn't it? How can it tolerate such behaviour? In fact IV may be exposing itself to libel if it does not take any action.
irrational
04-03 04:38 PM
Hi Milind70,
Can you please send me the format of the letter which your wife wrote to USCIS.
email: irrational.number [at] gmail [dot] com
Thanks folks for providing me with the support
Can you please send me the format of the letter which your wife wrote to USCIS.
email: irrational.number [at] gmail [dot] com
Thanks folks for providing me with the support
more...
pappu
11-06 06:48 PM
congrats and good luck
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SunnySurya
08-21 02:45 PM
Yes that is correct!
Here you go. Are you one of the air signs ? :D
If your answer is yes I will guess you sign
Here you go. Are you one of the air signs ? :D
If your answer is yes I will guess you sign
more...
techbuyer77
07-20 09:58 AM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
If i-140 is approved and i-485 is pending more than 180 days invoke ac21 with new job with similar duties and salary at least what labor said. Not need to file no new i-140
If i-140 is approved and i-485 is pending more than 180 days invoke ac21 with new job with similar duties and salary at least what labor said. Not need to file no new i-140
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eb3_nepa
03-24 03:20 PM
I had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
more...
nanneh
04-30 01:29 PM
Can some one help me on this subject please......
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Jerrome
04-08 02:22 PM
I meant EB-2 India and China alone
more...
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WeShallOvercome
07-20 12:09 PM
I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.
Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
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potatoeater
05-10 04:10 PM
Sorry. I may be mistaken. May be it is the other way round. Try firefox then.
Actually I am using IE.
Thank you
Indira
Actually I am using IE.
Thank you
Indira
more...
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MeraNaamJoker
09-17 10:32 AM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
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ram_ram
02-11 09:00 PM
My situation would answer your questions.
My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.
Thanks.
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.
Thanks.
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
more...
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jsb
12-11 12:08 PM
Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.
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eilsoe
03-07 12:33 PM
voted for mlk, that is one sick design man... just love it... :thumb:
looks a little like 2A, but may just be the colorscheme :)
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a_dips_1999
06-16 05:39 PM
Hi,
I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.
any help/feed back is appreciated
thank you
Dips
I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.
any help/feed back is appreciated
thank you
Dips
new_horizon
07-19 11:19 PM
I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:
Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:
vfwlkr
04-08 03:16 PM
PD: July 01 EB3 India
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
