bkn96
02-18 12:43 PM
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
phigi
08-18 11:36 PM
Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
I am no expert on saving your status, hence I am not commenting.
You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
I am no expert on saving your status, hence I am not commenting.
cheg
09-26 11:23 PM
EB-3 ROW = EB-3 Rest of World then there's EB-3 Mainland China, EB-3 Mexico, EB-3 India and EB-3 Philippines. Please correct me if I'm wrong. :D
It may be a silly question, can some one tell me what is the difference between EB3-ROW and EB-3?
It may be a silly question, can some one tell me what is the difference between EB3-ROW and EB-3?
more...
divakarr
09-05 10:34 AM
yes, you can say over 90 days, level 2 people they do not care.
jungalee43
01-11 09:10 AM
Nice to know that I could be of some help. Thanks for letting me know.
Wish you good luck in your AC21 as well as GC journey.
I think all of us would need to add one day in DC as a part of this journey.
Wish you good luck in your AC21 as well as GC journey.
I think all of us would need to add one day in DC as a part of this journey.
more...
veni001
01-18 05:48 PM
How u know that the chances are 95%? Why can't it be 5%? :D
Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)
Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)
puddonhead
11-30 11:01 AM
I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
more...
apt29
11-23 02:11 PM
Checkout this form. You can request duplicate approval. http://www.uscis.gov/files/form/I-824.pdf. But probably your employer should file for it.
tigerk
10-02 01:52 PM
You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.
Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks
Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks
more...
GCwaitforever
04-11 11:47 AM
Congratulations on getting GC. You are out of this hellhole.
needhelp!
02-09 10:34 PM
my 5 year old had started one last week.. and we will be sending it out too!
more...
MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
chintu25
09-22 04:50 PM
Spoke to Aide of John Conyers (D-Mich.), Chairman
He is in Favor of the bill so do not call him
And yes I gave Green all those who got Red dots for motivating people :)
He is in Favor of the bill so do not call him
And yes I gave Green all those who got Red dots for motivating people :)
more...
Gravitation
06-29 01:12 PM
My docs and signed applications reached attorney last Friday. Paralegal seems to be working on it as he keeps sending questions by email. However, when I asked the forms might be mailed by June 29th, he didn't reply. My feeling -by the questions asked- is that my form are complete. I'm hoping he'll mail it latest by first week of July.
bfadlia
03-17 02:15 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
more...
freedom1
01-20 01:20 PM
did u request a change, ex address change,..
No I did not made any change of address.
BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."
Oh well. I have no option but to wait and see what they sent me.
I'll believe it when I see it!
Freedom1.
No I did not made any change of address.
BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."
Oh well. I have no option but to wait and see what they sent me.
I'll believe it when I see it!
Freedom1.
needhelp!
10-23 05:59 PM
: b : u : m : p :
Please fill the gaps...
Please fill the gaps...
rbms
06-21 06:12 PM
I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D
Man!!!, This is not in good taste. How do you know he did not consult her husband?
Man!!!, This is not in good taste. How do you know he did not consult her husband?
Eternal_Hope
02-08 08:48 PM
There are two aspects of free trade - free flow of capital and labor.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
Globalization has made the flow of capital between countries easy. The next thing that we will start observing is the reverse flow of labor to where the work is. In this respect we have already observed two things:
1. Labor flow to where the work is (from developing countries to developed countries)
2. Work transfer to where the labor is (outsourcing)
Soon, we will start seeing the third aspect of labor flow - labor going from developed countries to developing countries, as the work will be there. This appears quite possible in the IT industry. In other industries it may take longer.
Once there is wage parity between countries, for a particular kind of work, labor flows will become minimal.
Restrictive legislation (like those that lead to delaying the issue of green cards, not renewing H1B etc.) will act to accelerate both job loss and skilled personnel moving out to developing countries.
chandra_mb
03-12 12:52 AM
................
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
Thanks a lot !!. I am assuming TIN# is the ITIN number (used for tax filing) ? Also, if you dont mind, can you please let me know which state board accepted the ITIN# ? We are planning for NJ or CA.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
Thanks a lot !!. I am assuming TIN# is the ITIN number (used for tax filing) ? Also, if you dont mind, can you please let me know which state board accepted the ITIN# ? We are planning for NJ or CA.
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