hoolahoous
03-11 07:07 PM
please do report the outcome.
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radhay
07-26 07:25 AM
My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
godbless
11-01 02:56 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
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pointlesswait
09-17 11:49 AM
if you can find such a company...nothing like it!
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
but how many have such flexible policies..;-)
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
more...
abd
01-19 10:57 AM
As per latest Service Processing times released on 1/17, NSC's EB2-140 dats is 13-Jul-06. My date is 29-Jul-06, Waiting for approval in near future. I will update the thread as soon as i hear something.
here is the link
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
here is the link
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
jonty_11
06-20 06:15 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
more...
ryan
05-28 07:57 PM
Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.
It's canada based company and will be working remotely.
Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?
You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?
It's canada based company and will be working remotely.
Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?
You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?
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reddymjm
05-05 04:15 PM
i third that too
more...
addsf345
10-22 06:18 PM
I was eligible for EB-2 but as company wouldn't file any case in EB-2.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
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ashneels2001
05-17 03:23 AM
I just spoke to my lawyer. We are considering another point that my high schooling is for 13 years, so if we highlight that in evaluation along with 3 years Bachelor then it might serve the purpose.
USCIS accepts 3 years Bachelor from UK and New Zeland as equivelent to US 4 years, cuz these countries have 13 years high schooling. In my case due to my 3 years diploma(polytechnic) before bachelor, make my 13 years high schooling. Still exploring different points.
Have anyone earlier faced this scenerio? if yes, please share the possibilities.
Shujaat,
Be very careful while drafting your response and choose the right eval agency. I ur case in Nebraska?
USCIS accepts 3 years Bachelor from UK and New Zeland as equivelent to US 4 years, cuz these countries have 13 years high schooling. In my case due to my 3 years diploma(polytechnic) before bachelor, make my 13 years high schooling. Still exploring different points.
Have anyone earlier faced this scenerio? if yes, please share the possibilities.
Shujaat,
Be very careful while drafting your response and choose the right eval agency. I ur case in Nebraska?
more...
raj2007
06-18 11:19 AM
Nope...once you have used your EAD you cannot go back to H1-B. AFAIK.
but I am not an expert so I guess others around here might have a different take. Best,
you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.
Can't you get EAD from local USCIS center after 90 days if it was not processed?
but I am not an expert so I guess others around here might have a different take. Best,
you can but it will be new h1 with 6 month validity. I think it will be new H1 and no quota is available now.
Can't you get EAD from local USCIS center after 90 days if it was not processed?
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joshi_tushar
03-02 07:54 PM
I HAD SAME SITUATION FEW DAYS A GO, MY ATTORNEY TOLD ME THAT I NEED TO GO OUT OF COUNTRY ATLEAST FOR WEEK OR NEED TO FILE FOR H1B EXT.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
more...
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saratswain
11-06 12:27 PM
I did not have it either and I had tow A# number for me. This is what my lawyer did
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
> Wrote a letter citing ref# to the porting rule
> Submitted evidence
I did it through my company attorney. I have full access to her though.
Please send me a personal msg and I can give templates for the letter, it might help.
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
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askreddy
12-11 11:57 PM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
more...
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greencard_fever
08-19 05:49 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
I was in the same situation as your wife when i graduated in 2003 with similar date's as your wife's..there was a notice released by USCIS in 2003 stating that there will be no problem for F1 students to remain in the country legally but not supposed to work provided if you have applied your H1 before OPT-EAD expires and the gap between the OPT and H1 start date will considered as waiting for Change of Status as H1B visa quota was ran out for the students who graduated during May time frame.
Hope this help's and i do not have the link for that Relief notice but i have hard copy PM me if you need it for your RFE submission will fax a copy to you.
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WaldenPond
02-05 12:40 AM
Two bills tackling this matter have recently been introduced. One is the Protect America's Competitive Edge Act, by Senators Pete V. Domenici, Republican of New Mexico; Jeff Bingaman, Democrat of New Mexico; Lamar Alexander, Republican of Tennessee; and Barbara A. Mikulski, Democrat of Maryland. A similar bill was introduced by Senator Joseph I. Lieberman, Democrat of Connecticut. Several of the senators met with President Bush in December to encourage him to support the competitiveness legislation.
Hello stucklabor,
This is very promising news. We knew about PACE but another similar bill by Senator Joseph I. Lieberman just adds to the excitement. We should keep a close eye on these bills and maybe start sending communications to the lawmakers about these bills.
What do you say?
Hello stucklabor,
This is very promising news. We knew about PACE but another similar bill by Senator Joseph I. Lieberman just adds to the excitement. We should keep a close eye on these bills and maybe start sending communications to the lawmakers about these bills.
What do you say?
more...
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sniranjank
07-23 02:08 PM
Delivery date: Jul 19, 2007 9:29 AM
Sign for by: K.LAWSON
EB3- India - Jul03
Sign for by: K.LAWSON
EB3- India - Jul03
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DSJ
05-30 12:34 PM
Fee and Bee, there is some relation
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already discussed- admin
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already discussed- admin
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OlgaJ
May 25th, 2005, 06:01 AM
I think the starkness of the Cherry Creek Reservoir area makes it difficult to capture its charm. (I lived 1-2 miles away from there for 24 years.) If I still lived there, I would be concentrating more on the cloud formations (which you don't see in too many places) when using the 17-85 lens. I would also take a couple of shots of the same scene, one metered for the sky and another for the shadow areas and blend them in PS.
Olga
Olga
ghost
06-20 03:20 PM
AC 21 will come into effect 6 months after you apply for your Adjustment of Status (485). You can apply for your 485 only when the visa numbers are available for your PD (EB2 currently for India is Jan 2003)
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
GCwaitforever, Are you certain that Supers***(with approved 140) can change employers without any impact, by using AC 21 provisions?
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
rajnag21
07-17 07:23 PM
as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
The ideal thing is to do it while still on h1 and then do the 485 application.
Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !
I look to more senior members here for better direction than the advice that I have regurgitated for you.
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