martinvisalaw
10-07 02:04 PM
I received my H-1B approval for one year but my I-797 arrived without an I-94....
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
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pappu
08-20 05:08 PM
Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.
theperm
05-07 06:51 PM
bumping up
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gc_wannabe
06-16 11:05 PM
Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
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getgreensoon1
01-26 02:57 PM
2 people from Andhra get into top positions in IIT exams. 1600 people get caught going to fake universities in the US. That is a disgrace. People fron Andhra show desperation in the US and affect the diginity of every Indian in the US.
gjoe
10-05 10:59 AM
This is what the law says:
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
more...
wandmaker
04-04 01:34 PM
I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....
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gchopes
08-04 09:41 AM
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
more...
vishwak
08-03 08:46 AM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
It does looks confusion.
I believe its...just SR denied not case. Hope for the best.
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
It does looks confusion.
I believe its...just SR denied not case. Hope for the best.
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rocky74
07-20 10:32 AM
I applied for my labor in July (Chicago) 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.
more...
rakeshverma72
03-30 12:44 PM
PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
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sapota
03-17 03:02 PM
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
I know cos I am one such unfortunate case.
I know cos I am one such unfortunate case.
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Jeff Wheeler
06-08 07:25 PM
Some really great ones. Congratulations to whomever wins (although I'm sure I'll congratulate you again), and thanks for holding this great contest. :)
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GCapplicant
10-12 04:04 PM
I am also from NJ-I have to get FP from HAckensack-NJ thats my nearest .
When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
So as of now they havnt mailed...waiting for FP.
I hope the process does not delay further beacuse of this FP...I wish they do fast.
I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.
Does name check start after FP?
My ND is Sep/11.
When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
So as of now they havnt mailed...waiting for FP.
I hope the process does not delay further beacuse of this FP...I wish they do fast.
I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.
Does name check start after FP?
My ND is Sep/11.
more...
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krajani2007
12-14 12:11 AM
Cross country chargeability worked for me but you have to be persistent in sending the docs couple of times ; call them or take an appointment with IO as last resort. I got it in 3 months after using this option. I had an RFE for using AC21 but finally got it approved
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nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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Nil
11-13 12:06 AM
^^^^
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boldm28
04-19 03:48 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Any way, pack your bags or wait for ten years.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Any way, pack your bags or wait for ten years.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
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Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
gman
12-22 11:07 PM
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?
reddymjm
01-08 08:56 PM
He needs to send it to the USCIS office in kentucky. you can google and get the address.
Right answer.
Right answer.
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