gccovet
11-03 08:03 AM
Hello,
Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.
Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.
My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.
Please advise.
Thanks
In my opinion, leave it as it is.
also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your support.
GCCovet.
Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.
Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.
My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.
Please advise.
Thanks
In my opinion, leave it as it is.
also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your support.
GCCovet.
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04-20 04:02 PM
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Thanks...
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different chanels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
Thanks...
But it is worth. You will get a decision (with RFE response on its way) within a month.
thanks...
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Thanks...
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different chanels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
Thanks...
But it is worth. You will get a decision (with RFE response on its way) within a month.
thanks...
aworker
02-09 03:12 PM
Hi ,
I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll
1. Which location i need to mentioned as primary ,home or where company located.
2. Which state should the payroll runs where i live or where my seat is located.
I will appreciate the help ...
Thanks,
AS
I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll
1. Which location i need to mentioned as primary ,home or where company located.
2. Which state should the payroll runs where i live or where my seat is located.
I will appreciate the help ...
Thanks,
AS
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lost_angeles
03-02 04:24 PM
I will be remoting in from a different state. My employer would not file a new labor condition application which is required.
If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?
If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?
more...
seekinggc
06-19 02:29 PM
please reply..
hpandey
06-27 07:28 AM
No you don't have to wait for your 3 year extension to return to US. Your lawyers and company are basically trying to get your three year extension so that you can get a 3 year visa stamped in your passport. But there's nothing stopping you from returning to US at any time on your current H1b.
For your second question - no you don't have to be present in the US to file for the extension .
For your second question - no you don't have to be present in the US to file for the extension .
more...
cnachu2
11-14 03:35 PM
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
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zephyrr
05-22 09:40 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.
anyone been through this situation and has more details?
thanks
anyone been through this situation and has more details?
thanks
more...
hotscud21
01-08 01:39 PM
can you please let us know your PD?
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kavas
03-29 01:06 AM
the webfax letter is great and articulate and I dont undermine its value. But what i meant was another one based on just the hard country quota dilemma/eb3 ;A petition highlighting that even with the pro provisions our status will remain unchanged unless a amendment corrects it or provides a interim relief.
I dont think the fax would motivate any senator to present a amendment on the floor.It would surely educate and maybe earn their sympathy but would it do any good for our numbers??
A hard copy with full name,city,state of all members ..would that not mean a little bit more to them.I am not debating the work put in by the volunteers /admins its value is unparellel and hats off to all of you.
But the situation is getting so desperate that no measure seems inappropriate right now. Shoot all your arrows atleast one may strike or hit close to the aim!
I dont think the fax would motivate any senator to present a amendment on the floor.It would surely educate and maybe earn their sympathy but would it do any good for our numbers??
A hard copy with full name,city,state of all members ..would that not mean a little bit more to them.I am not debating the work put in by the volunteers /admins its value is unparellel and hats off to all of you.
But the situation is getting so desperate that no measure seems inappropriate right now. Shoot all your arrows atleast one may strike or hit close to the aim!
more...
raviram1980
01-18 02:31 AM
hi all,
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
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Sideliner
06-15 03:16 PM
Hi Folks,
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
I got mine approved exactly in 3 days. It took 2 weeks actually a copy of the approval notice after that.
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
I got mine approved exactly in 3 days. It took 2 weeks actually a copy of the approval notice after that.
more...
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glus
09-24 09:17 AM
[QUOTE=njboy;949731]You wrote-"(I am certified in both the subject)"
I am certified in both the subjects
Maybe you should attend some ESL classes yourself before teaching it.[/QU
everybody makes mistakes...
I am certified in both the subjects
Maybe you should attend some ESL classes yourself before teaching it.[/QU
everybody makes mistakes...
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desitechie
11-22 02:07 PM
My Question:-
My answers.
Disclaimer:This is to just give an indication and you should consult an attorney for exact response.
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
Yes
2) What if, The new company don't file AC 21?
AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE
3) What if the previous employer cancel my I 140.
Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]
Should be good as long as the new company is good and willing to continue the GC process.
My answers.
Disclaimer:This is to just give an indication and you should consult an attorney for exact response.
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
Yes
2) What if, The new company don't file AC 21?
AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE
3) What if the previous employer cancel my I 140.
Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]
Should be good as long as the new company is good and willing to continue the GC process.
more...
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somegchuh
10-29 05:37 PM
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
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ewapu
03-11 08:15 PM
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
more...
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NolaIndian32
04-23 12:17 PM
Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
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venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
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gc_chahiye
08-30 02:50 PM
you are ok. You only needed to get married anytime before your I-485 is approved.
BTW that is a funny title for the thread "single and then married". Most of us are indeed single before we get married :)
BTW that is a funny title for the thread "single and then married". Most of us are indeed single before we get married :)
LondonTown
11-21 12:18 AM
Please do not go for stamping if it can be avoided, as embassies are very frequently giving form 221(g) for additional administrative processing which may take few weeks to several months.
natrajs
09-01 06:05 PM
AR -11 Helps and your attorney also will also get copy
Don't worry
Don't worry
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