Sushana
01-15 11:52 AM
transfer of H1 will work. Enjoy
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
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GC Struggle
11-14 10:06 AM
Why do you think that will happen..
I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..
Guru's pease throw some light on this
I am guessing that if you 140 is approved (which is company based), then you are good because 485 is based entirely on the applicant..
Guru's pease throw some light on this
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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Cherrymn
02-17 04:29 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
more...
solaris27
01-30 08:42 AM
You can work on H1B visa till you get FINAL approval or denial.
Whats your attorney openion?
Whats your attorney openion?
Counterproductive
10-31 09:23 AM
I don't know anything about that
more...
jkamel5
04-07 04:48 AM
Hi,
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.
My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.
As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?
Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
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ashwinr
10-07 11:44 AM
I paper filed my EAD at NSC last month. RD was 23rd Sept & ND was 2nd Oct.
Looks like yours is a longer delay. Not sure what can be done here. Please keep checking to see if check's are cleared.
Looks like yours is a longer delay. Not sure what can be done here. Please keep checking to see if check's are cleared.
more...
rajasush7174
10-13 04:26 PM
hi..i too would like to join in.. i stay in souderton, pa.. please let me know the details.. thanks a ton..
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dummgelauft
10-06 05:07 PM
Change the title of your little blog to read illegal immigration....
more...
go_guy123
10-27 03:51 PM
Illinois Congressman: Immigration Reform Cannot Wait : NPR (http://www.npr.org/templates/story/story.php?storyId=114199526)
President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.
Gutierrez is panicking on something that we already know: CIR is dying. As CIR gets delayed, its chances diminishes with the approaching election year (2010).
Gutierrez is from a high-immigrant area of Chicago (Cook County) but it will cost massively for Democratic party in the purple states. Democratic party will never
risk its fortunes over the tantrums of Gutierrez.
Gutierrez knows that if CIR keeps failing again and again then piecemeal will start gaining traction. Then his amnesty dreams for illegals will be up in smoke.
President Obama says he wants to change United States immigration policy. But so far, immigration has taken a backseat to other pressing issues, like health care, the economic recession and the ongoing conflicts in Afghanistan and Iraq. But Rep. Luis Gutierrez, a Democrat from Illinois, wants to bump immigration to the top of the President's agenda. Gutierrez explains why he thinks comprehensive immigration reform cannot wait any longer.
Gutierrez is panicking on something that we already know: CIR is dying. As CIR gets delayed, its chances diminishes with the approaching election year (2010).
Gutierrez is from a high-immigrant area of Chicago (Cook County) but it will cost massively for Democratic party in the purple states. Democratic party will never
risk its fortunes over the tantrums of Gutierrez.
Gutierrez knows that if CIR keeps failing again and again then piecemeal will start gaining traction. Then his amnesty dreams for illegals will be up in smoke.
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Maverick1
09-24 01:00 PM
You might want to wait until your I140 (substitution case) is approved unless your lawyer used that as basis for your 485.
more...
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milind70
09-27 08:01 AM
Hi,
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
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Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjv6t399MYaaERJbNUVsbpipK8pXkb8-TMx7qpoOo5N3AnQyZk-frtbxoctCaTlHESK1Nrkm-xberLUboW7jLT9NRp1DfCY7uprSF46Ri6-_UtA6JXYm4DULWjNR0L4TcNgJasJaK3z8eO3/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjv6t399MYaaERJbNUVsbpipK8pXkb8-TMx7qpoOo5N3AnQyZk-frtbxoctCaTlHESK1Nrkm-xberLUboW7jLT9NRp1DfCY7uprSF46Ri6-_UtA6JXYm4DULWjNR0L4TcNgJasJaK3z8eO3/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
more...
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knowDOL
05-22 05:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
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nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
more...
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ksvreg
04-06 01:57 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
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kalkix
08-10 06:09 PM
USCIS is just fooling with you. :D you are an eastern European, right?
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d123
09-25 11:40 AM
inputs are valuable..
aioros
05-16 08:30 AM
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andy garcia
02-20 08:02 AM
Can we send the application early, like one week in advance ?
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
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