gc_check
06-24 06:44 PM
If I-140 is approved and priority date is current is it possible to keep on extending H1B for couple of years without applying for I-485? I am asking this quetion because my employer is not allowing me to apply for I-485 as my I-140 is pending. It looks like he want to use me for couple of years on H1b.
You can apply for I-485, Even if I-140 is pending. Talk to your employer and use this opporturnity to get I-485 filed asap.
You can apply for I-485, Even if I-140 is pending. Talk to your employer and use this opporturnity to get I-485 filed asap.
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Biking
05-24 12:30 PM
Dont you think this is foolish on your side..
Yes. Thanks.
Yes. Thanks.
new2gc
07-20 03:54 PM
Speaking of I-140, I have applied that along with I-485 during July 2007 and I got approval in mail (hard copy to my attorney) in Feb'09, but my online status still shows initial review.
Will this be of any issue later? Please advise if anyone had the same issue.
Will this be of any issue later? Please advise if anyone had the same issue.
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vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
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ramus
05-14 08:30 AM
How much money would anybody able to spend for this kind of law-suit?
fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
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yestogc
04-07 06:49 PM
I always belive Premium is better and this is just a rumour that it attracts RFE.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
The reason is plain and simple, let's say that you change to Company B and since normal processing takes anywhere from 3-6 months (let's say in meantime your old employer cancells your H1B) and at end of say 3-6 months you come to know that your H1B transfer to company B is denied you have no option but to leave country.
Whereas in permium in 15 days you will know if that is through or not and GOD forbidden even if that gets rejected , you still have paystubs which will be just 15 days old, still you can do another H1B transfer with a new employer.
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sri1234
05-15 03:04 PM
Hello Attorney's
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
more...
fromnaija
07-29 02:43 PM
I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
I don't know that of NSC, but for TSC the fax # for expediting EAD is 214.962.2632
I don't know that of NSC, but for TSC the fax # for expediting EAD is 214.962.2632
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karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
more...
roseball
07-26 09:03 PM
Hi All,
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
Yes, company B can file for extension of your H1 for 1 yr by attaching proof of labor filing showing it has been filed and its pending for more than an year.
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
Yes, company B can file for extension of your H1 for 1 yr by attaching proof of labor filing showing it has been filed and its pending for more than an year.
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aachoo
03-20 12:22 AM
Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
-a
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
-a
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a1b2c3
08-21 01:29 AM
Anybody?
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sbmallik
05-06 05:05 PM
Generally an I-485 applicant can stay abroad till the Advanced Parole remains valid. In your case the best bet is to change the pending I-485 case to consular processing.
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ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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Life2Live
09-18 12:07 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
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STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
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ABHI1
11-12 06:38 PM
Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......
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Dhundhun
05-25 02:34 AM
I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.
Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?
thanks,
What is your USCIS receipt number: if LIN.... it should be Nebreska
Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?
thanks,
What is your USCIS receipt number: if LIN.... it should be Nebreska
gcformeornot
02-03 09:40 AM
I heard TCS is calling back many of their TL/PL/PM back to India. I heard it from 2-3 differrnt sources. Just wanted to see if anybody knows about it.
I personally know a person who is with TCS, he is a team lead or something.... asked to go back by TCS..... they are returning in mid Feb.....
I personally know a person who is with TCS, he is a team lead or something.... asked to go back by TCS..... they are returning in mid Feb.....
whattodo21
04-19 10:50 AM
this is good information, thank you.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
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