fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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desitechie
06-03 06:17 PM
My current AP expires on 2 Aug 2009. I applied for renewal on 2 May and it was approved on the 20th. But the validity is only till 19 may 2010 and not 2 aug 2010.
I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?
Please advise.
Thanks
I have lost almost 3 months here. Is it normal or a special case that i need to call USCIS?
Please advise.
Thanks
sandeep219
03-29 09:52 PM
Thanks for your replies guys!!
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BEC_fog
12-11 09:31 AM
http://immigrationvoice.org/forum/showthread.php?t=16031
more...
raysaikat
06-21 01:39 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
frostrated
08-05 09:38 AM
you can work in your field of education for any company. however, they have to file for a transfer of H1 for you to continue working beyond the expiry of OPT.
more...
kumarc123
08-26 10:19 AM
Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.
Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.
Good Luck
Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.
Good Luck
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gjoe
12-28 07:02 AM
My efiled EAD went to TSC. I sent my copy of my approved I140 and I485 as supporting documents. I got my biometric notice in a weeks time and in a month I got my EAD card. But I guess you need not send any supporting docs because you can give your I485 and I140 number in the online application itself.
more...
dollyGC
07-21 08:10 PM
I'm working with an MNC and I'm abt to start my GC processing.I did go through the forum on threads on Fragomen.My employer's preferred attorney is Fragomen.
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
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axp817
06-27 10:04 PM
Isn't it a violation of the law, if NO reason is given while denying the 485?
The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.
So, here, a reason WAS given.
Of course, the reason might have been incorrect, as the poster seemed to think.
The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.
So, here, a reason WAS given.
Of course, the reason might have been incorrect, as the poster seemed to think.
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ramaonline
12-09 10:38 PM
u can file for a 3 year ext of H1 status under AC21 - This will enable u to continue in valid status while the retrogression eases if it ever will.
Also note that portability is allowed and u can switch employers during this period. u can retain ur current PD and use it for a later GC app if reqd
Also note that portability is allowed and u can switch employers during this period. u can retain ur current PD and use it for a later GC app if reqd
more...
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nashorn
08-12 03:55 AM
Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.
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seemashah
02-21 05:29 PM
usually a CPA can give an audited report ...or the bank auditors can
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
more...
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Munna Bhai
04-18 11:21 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
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chsundar
04-02 03:08 PM
Hi Friends,
I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.
In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?
Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?
I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.
In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?
Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?
more...
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Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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vin33t
01-26 08:12 PM
After i left my employer, I filed a B2 visa application on 6th Oct 2010. I got RFE on 5th Jan 2011, which has to be replied till 7th Feb 2011.
RFE has following
1. reason : I will be providing vacation n wrap-up.
2. passport details : i have it
3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.
5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.
8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.
RFE has following
1. reason : I will be providing vacation n wrap-up.
2. passport details : i have it
3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.
5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.
8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.
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skd
08-05 11:18 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
Now say in January 2008 the PD was made September 2005, In that case Person A will get first
But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
Now say in January 2008 the PD was made September 2005, In that case Person A will get first
But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first
vhd999
10-07 05:18 PM
Thanks Raj.
Why do I need to be on H1B? I am currently on EAD.
Why do I need to be on H1B? I am currently on EAD.
NANO3
04-30 04:26 PM
thanks C:-)
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