tabletpc
05-27 05:13 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
485_spouse
06-07 01:09 PM
Ignore my question, found answer on following link
USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Helpful Hints
Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.
Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.
Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
- If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Helpful Hints
Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.
Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.
Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
- If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
2011 Lady Gaga whips out “Hair”
mhkumar
03-24 06:02 PM
http://ac360.blogs.cnn.com/2009/03/24/goodbye-chang-so-long-singh/
more...
ramraj_02
10-20 08:32 AM
Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
sona75
07-28 09:48 AM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
more...
coolpal
02-17 10:25 AM
You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.
And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.
As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.
Cheers..
pal :)
Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.
And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.
As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.
Cheers..
pal :)
2010 Lady Gaga#39;s “Born This Way” Is
thesparky007
04-24 05:36 PM
i like all them
good job butters
good job butters
more...
nfinity
02-12 01:26 PM
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
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cheg
08-31 10:49 PM
Hi. I got this from srid123 and after reading your post, this is exactly what you're looking for. Very helpful and informative. Good luck!
http://tijuanatrip.blogspot.com/
http://tijuanatrip.blogspot.com/
more...
anandrajesh
01-31 10:07 PM
Correct, donot waste your time predicting, rather use it for packing your bags!!
Absolutely... As days go by, i am inclined more on packing my bags and leaving, than pursuing my American Dream.
All these predictions are joke. Dont waste your time. Admins should close this Thread.
Absolutely... As days go by, i am inclined more on packing my bags and leaving, than pursuing my American Dream.
All these predictions are joke. Dont waste your time. Admins should close this Thread.
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img86
10-08 02:54 PM
But I dont have H1 status. Currently I am in L1, however I have H1 approved petition which was filled by a consulting company.
So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.
So u mean to say it is possible for my current employer to file H1B transfer even though I am not in h1 status.
more...
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anilsal
01-01 08:40 PM
http://www.indiapost.com/members/story.php?story_id=5938
The Indian PM asking for liberalized immigration in the developed world.
The Indian PM asking for liberalized immigration in the developed world.
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slc_ut
09-02 04:48 PM
I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
more...
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gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
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kittu07in
09-24 09:53 PM
I believe, USCIS website was updated on Sep 21st 2009.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
more...
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wonderlust
07-18 05:19 PM
Opps, I didn't mean to post the same message 2 times. I must have pressed a wrong key.
Sorry!
W
Sorry!
W
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chanduv23
10-16 12:16 PM
Yes, if you take a back seat, USCIS will take the back seat so will the law makers, anti immigrants will take the front seat
Come on folks we have a tough battle ahead - get charged up
Come on folks we have a tough battle ahead - get charged up
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justAnotherFile
06-29 12:36 AM
he is just fooling you.
he means he will send out the package (file) on July 2 and it will reach USCIS on July 3. there is no other way to do it
he means he will send out the package (file) on July 2 and it will reach USCIS on July 3. there is no other way to do it
ns33
03-18 04:36 PM
Hello,
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
eb3bakra
10-12 02:27 PM
There wil be light at the end...
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