fromnaija
02-15 05:16 PM
Thanks fromnaija, If she maintains any non-immigrant visa she can be added without any 'follow-to-join' petetion right i.e., she can be added to my 485 just like the normal process when my PD becomes current.
Yes that's correct as long as the marriage occurs prior to when you want to add her.
Yes that's correct as long as the marriage occurs prior to when you want to add her.
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pasa0202
12-10 03:31 PM
Hello Attorney,
Is my perm valid if I am out the US without H1 B status? OR
Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?
Here is my situation:
-My I140/I485 got denied -- in Aug 2009
-I got 9th H1B extension which is valid till Apr 2010
(As I know after Apr 2010 that I am not eligible to get extensions)
-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.
My question to the attorneys:
If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
Or
Do I need to wait 1 year to get the new H1B for 3+3 years?
I really appreciate your suggestions.
Is my perm valid if I am out the US without H1 B status? OR
Can I get H1B extension if my perm & I 140 get approved when I am out of the US without H1B status?
Here is my situation:
-My I140/I485 got denied -- in Aug 2009
-I got 9th H1B extension which is valid till Apr 2010
(As I know after Apr 2010 that I am not eligible to get extensions)
-My present company started filing PERM in Dec 2009 (No chances of getting PERM & I 140 approvals before Apr 2010)
-My company planning to send me out of the US (probably India/Japan) in Apr 2010 to work from there because of my H1B expiration. They want to continue my PERM and I 140 process.
My question to the attorneys:
If my PERM get approved after 6 or 8 months I am eligible for H1B extension even though I am out of the country without H1 B status?
Or
Do I need to wait 1 year to get the new H1B for 3+3 years?
I really appreciate your suggestions.
gc_chahiye
01-26 04:03 PM
My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
Just wondering if anybody has any idea what it could be?
google around for RFEs... the three most common ones are:
- ability to pay -> this is for your employer to prove... if you are from a small company, or have been paid less than prevailing wage or LC wage, this might come up.
- education qualifications -> if your LC said the job requires 4 year BE in CS, and you have a 3 year BSc in Mathematics, this might come up
- experience letters -> if your LC said the job requires 5 years of experience, and you have not submitted detailed experience letters for those, you'll get this RFE.
Having said that, dont worry about it until you actually receive the RFE, it could be for a bunch of things, some serious, some completely trivial. If your LC required some minimum experience and you did not submit copies of your experience letter, you may want ot start contacting older employers, otherwise just wait till the RFE actually comes.
paulinasmith
10-09 05:32 PM
Hi pkrg21,
So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?
I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.
Thanks,
~ray
No the process must be completely restarted if you loose your job after I-140 approval.The only thing you get is the priority date.If your I-485 is already applied and it is pending for 180 days then there is no issue and you are safe.
So before I-485 becomes current, as long as I-140 gets approved, then we are okay to lose current job, either laid off or change job? I think I-140 approval doesn't take long, right? It's just I-485 takes forever?
I'm quite new to this process. My employer just filed Labor Certificate last week. I'm also a little worried if my employer goes bankruptcy some day.
Thanks,
~ray
No the process must be completely restarted if you loose your job after I-140 approval.The only thing you get is the priority date.If your I-485 is already applied and it is pending for 180 days then there is no issue and you are safe.
mzafar125
08-15 11:34 AM
Howdy,
You cannot file for EAD or AP unless your get your I-485 receipt (A copy of the receipt notice needs to be included in the EAD and AP application). The EAD and AP should go to the same service center as your I-485 application. The address will be listed on your I-485 receipt notice. Pretty straight forward, you can do it yourself, do not pay a lawyer for preparing these documents. Good luck.
You cannot file for EAD or AP unless your get your I-485 receipt (A copy of the receipt notice needs to be included in the EAD and AP application). The EAD and AP should go to the same service center as your I-485 application. The address will be listed on your I-485 receipt notice. Pretty straight forward, you can do it yourself, do not pay a lawyer for preparing these documents. Good luck.
karan2004m
10-26 02:07 PM
Is anyone in same BOAT?
I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
How can i check, Can i check the status online for FP ?
Is there any way ?
I got EAD cards at my new address, but no FP notice yet. Have I missed that or USCIS might not have sent it yet?
How can i check, Can i check the status online for FP ?
Is there any way ?
senk1s
10-15 05:02 PM
your company needs to maintain an HR file with I9 for all employees (including US citizens)
kirupa
06-22 03:11 AM
wiifanatic - the image has to be at least 800x600 in dimensions :)
desibob
06-14 06:56 PM
Lawyers suggest renewing H1B as a backup in case 485 is denied. Having one more 140 or 485 is better than that. If he was going to get 2 GCs I would call it greediness, but one person is going to get only one GC and it doesnt howmany applications one person files. Moreover, people who file two applications are paying twice the money which will be used USCIS to increase capactiy. How about that?
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solaris27
08-07 01:51 PM
yes its changes online also but don't count on it..
help43
10-10 11:43 PM
Hi,
My H1-B got Accepted but I didnt recieved my I-94. I completed my masters here. There are no status issues. My OPT will expire on Dec 27.
I applied for H1-B amendment under Premium processing but i got query of Company documents and 2004, 2005 paystubs.
My employer answered them that employee is not there in the usa in those years. Below is the response from USCIS
Current Status: Response to request for evidence received, and case processing has resumed.
On October 09, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Usually How many days it will take under premium processing? Because my OPT EXPIRES ON DEC 27.
does any one got same query like me?
If h1-b amendment got rejected then can i go to consulate with old I797B form which is with out i-94?
My H1-B got Accepted but I didnt recieved my I-94. I completed my masters here. There are no status issues. My OPT will expire on Dec 27.
I applied for H1-B amendment under Premium processing but i got query of Company documents and 2004, 2005 paystubs.
My employer answered them that employee is not there in the usa in those years. Below is the response from USCIS
Current Status: Response to request for evidence received, and case processing has resumed.
On October 09, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Usually How many days it will take under premium processing? Because my OPT EXPIRES ON DEC 27.
does any one got same query like me?
If h1-b amendment got rejected then can i go to consulate with old I797B form which is with out i-94?
kaisersose
04-16 04:42 PM
Recently, one of my co-worker who was on L1A, requested an extension of his Visa. His employer filed for an L1B instead and did not inform him until after filing it. Now USCIS has sent an RFE. Does anyone know if this can be grounds for rejection of his Visa? Is the employer legally correct in filing a changed Visa category at will without informing the holder? His wife is unable to obtain a driver's license since the Visa approval is pending. Does anyone know if this can be addressed? If so, how?
What is the RFE?
The employer and/or the attorney may have determined the applicant did not qualify for L-1A.
What is the RFE?
The employer and/or the attorney may have determined the applicant did not qualify for L-1A.
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singhv_1980
01-29 04:30 PM
What is unemployment wage report? I read that many visa seekers were asked for this.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
Also, they were asked for a notarized list of all the employees with their job title, salary and immigration status. Wow now to get salary information for everyone is breach of privacy.
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obelix
07-27 02:55 PM
Its anybodys guess....but u r one lucky guy to get ur receipt within 10 days...
Wow!
Not really. If you see the late June submitters thread, many of us who applied in the June 20th timeframe have got their receipts. It took us 5 weeks to get the receipts from the date of filing.
Wow!
Not really. If you see the late June submitters thread, many of us who applied in the June 20th timeframe have got their receipts. It took us 5 weeks to get the receipts from the date of filing.
sam5
09-11 11:45 AM
I am about to file for my 7th year extension with I140 approval. My contract will be renewed with end client, every 6 months and they will not provide me with any client letter, basing on their HR policies. Even if the client gives a letter it will show only a contract for 6 months. Is this needed, that I should produce a client letter for 3 years? My concerns are
1. My primary concern is will the 6 months project length effect my extension for 3 years. Will they extension basing only on the length of the project.
2. Do I need to mention the project length in the letter given by my employer on behalf of client
3. what are the documents relating to client, needs to be submitted for the extension. (I will not be able to produce the client letter, as they are not willing to give)
4. Can I take a letter from vendor, who is in between my employer and the end client. What should be clearly stated in this vendor letter. Is this necessary to mention the project lenght in this letter.
Appreciate your help in filing for the extension
1. My primary concern is will the 6 months project length effect my extension for 3 years. Will they extension basing only on the length of the project.
2. Do I need to mention the project length in the letter given by my employer on behalf of client
3. what are the documents relating to client, needs to be submitted for the extension. (I will not be able to produce the client letter, as they are not willing to give)
4. Can I take a letter from vendor, who is in between my employer and the end client. What should be clearly stated in this vendor letter. Is this necessary to mention the project lenght in this letter.
Appreciate your help in filing for the extension
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singhv_1980
05-09 06:38 PM
I am on H1B with this company A for the past 2 years. Suddenly/shockingly, due to some unavoidable circumstances, the company is on verge of financial trouble for a short period of time. In case the company does not get some bridge funds, it will shut off its business for 30 days and all the employees will go on UNPAID vacation for that duration. It is not the termination of services or jobs but a temporary absence until company gets some more fuel in the tank.
I am not sure if this will have any effect on my status or not. Again, its not a termination but a temporary leave (for all the employees) without pay for 30 days.
Your opinions are highly appreciated!!!
I am not sure if this will have any effect on my status or not. Again, its not a termination but a temporary leave (for all the employees) without pay for 30 days.
Your opinions are highly appreciated!!!
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martinvisalaw
11-25 12:59 PM
I If I accept the part, will this violate the terms of my H1-b?
Yes. Your H-1B only allows you to work in that position, for the H-1B employer.
Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side?
Yes, however you will also need to use the EAD to authorize you to continue the computer programmer position. As mentioned above, once you work as an actor, you have violated the H-1B status and cannot use it even for the programmer position.
Yes. Your H-1B only allows you to work in that position, for the H-1B employer.
Also, if I am approved for an EAD down the road, can I use the EAD to do acting work on the side?
Yes, however you will also need to use the EAD to authorize you to continue the computer programmer position. As mentioned above, once you work as an actor, you have violated the H-1B status and cannot use it even for the programmer position.
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aj_jadeja
09-18 11:21 PM
Hi,
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
As far as i know no us consulate has right to reject H1b unless u have fasle docs or involved in wrong activities. Also DO NOT GIVE/WRITE any FALSE information about you to them or in other words DO NOT LIE to them .
F1 rejection has NO baring on H1b.
hope this helps.
I will be going for H1B stamping in feb/March at Mumbai Consulate.
In 2001 my F1 visa got rejected 3 times because I showed that I have sister in USA.
My sister is in still in USA. Now while taking H1B appointment in form I have again to mention yes or no (for the Que do you have any relatives in USA)
What I should do? What will be the effect if I said No? Do you think, VO will ask me that your F1 got rejected because you had sister in USA? So now did she came back?
Please reply me ASAP.
Thanks,
As far as i know no us consulate has right to reject H1b unless u have fasle docs or involved in wrong activities. Also DO NOT GIVE/WRITE any FALSE information about you to them or in other words DO NOT LIE to them .
F1 rejection has NO baring on H1b.
hope this helps.
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arlysanb
02-15 08:58 PM
My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?
waitin_toolong
02-05 12:01 PM
the fact that you move using AC21 and use EAD for work nullifies your H1 immediately and the dependents lose H4. even the date on I-94 becomes meaningless.
you will have to renew your EAD for work and AP for travel.
The fact that your I-485 is pending is all that is needed to keep you legal. But if for any reason I-485 is denied you will be out-of-status.
you will have to renew your EAD for work and AP for travel.
The fact that your I-485 is pending is all that is needed to keep you legal. But if for any reason I-485 is denied you will be out-of-status.
Daps
05-10 05:38 PM
I moved from Company A to company B towards the end of my H1 6 th year with only a month and half left in my H1. Company B applied for my 140 and 140 was approved just on the day of my 6 year completion. H1 transfer was filed in parallel in normal processing. H1 transfer has got an RFE now a day after 140 was approved.
1. Will there be any problems in getting the H1 transfer based on the 140 approval with the new company? Please note that I do not have any days left in my original H1.
2. What will the duration of H1 if the transfer gets approved?
3. I am continuing to work based on 140 approval and pending h1 transfer. Please advice is it is ok.
Thanks,
Deepa
1. Will there be any problems in getting the H1 transfer based on the 140 approval with the new company? Please note that I do not have any days left in my original H1.
2. What will the duration of H1 if the transfer gets approved?
3. I am continuing to work based on 140 approval and pending h1 transfer. Please advice is it is ok.
Thanks,
Deepa
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