sunnymit
05-24 09:20 AM
Nobody wants to 'predict'? Or people are interested only in seeing the real data!
I guess everyone is just tired of making wrong guesses...
I guess everyone is just tired of making wrong guesses...
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alex99
05-28 10:37 AM
This is nothing new. please close this thread.
techbuyer77
06-12 07:26 PM
evl is employment veriication letter
My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(
My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(
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sweet_jungle
11-25 02:30 AM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
more...
teachamerica07
09-04 04:58 PM
Yes. Reenter on AP .
vban2007
07-13 11:54 AM
Please do not discuss, Illegal things in this forum
more...
Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
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anjalihi
04-12 07:57 AM
I had started my GC process just a couple months before my 6th yr began. But I was able to complete the requirements for PERM and apply for my Labor Cert only after my 6th yr started. I was 45 days short of 365 days requirement. But I was able to recapture all my time that I had spent outside of US on vacations in last 5 yrs and make up for the 45 days shortage.
Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.
For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.
Do keep in mind that completing the requirements for PERM itself easily takes up 2 months + time for all the initial paper work.
For your situation, you are already 4-5 months into your 6th yr.... thats going to be very tough.
more...
psaxena
06-25 05:53 PM
bump
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
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kittu07in
08-20 05:46 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
more...
sanprabhu
07-17 05:51 PM
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
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dealsnet
04-06 02:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress)
It is 3+1+2=6, still they denied for EB2.
Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
Now this is not flying with USCIS.
So we can see increase in the denials.
Could you please share source/link for your assertion?
.
I have one copy of the denial of my friend in hand. (AAO appeal in progress)
It is 3+1+2=6, still they denied for EB2.
Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
Now this is not flying with USCIS.
So we can see increase in the denials.
Could you please share source/link for your assertion?
.
more...
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java4yogi
09-19 04:20 PM
Thanks for your reply. It does clear up a lot of questions..Now I guess we will be going to the SSN office after Oct. 1st only.
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ayaskant
02-01 09:42 AM
No I didn't file for EAD. I know I should have.
I am updating my profile now.
I am updating my profile now.
more...
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iptel
07-18 05:19 PM
I agree with Dixie. I feel there is no point in seeing visa bulletin or calculating date for EB3 until some law passes.
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prasadn
01-07 04:10 PM
Thank you.. I guess i will just mail my application... So if my application is received before end of OPT date..That would be fine right.. I hope it doesn't matter when they start processing ??
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.
Hope this helps.
Could someone answer my below question please ??
Also my another question is with Form I-765
Question 11. Date you applied for previous EAD ??
OPTIONS:
Notice Date
Receipt Date
StartDate of Previous OPT
ExpiryDate of Previos OPT
Granted Date(How do i know that??)
Received Date
Thank you...
I have applied for EAD for myself and spouse 3 times now, and filled up the start date mentioned on previous EAD for question no. 11 against the date(s) field.
Hope this helps.
more...
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Picasa
08-27 01:25 PM
Where did you go to renew your licence (what state)?
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
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techbuyer77
06-12 08:21 PM
my lawyer said it was ok as long as I go back to work for them uon approval. GC is for future job, not current, according to USCIS Director memo.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
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enqueued
12-11 01:38 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
aj1234567
01-22 10:41 PM
Hi
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj
My 140 was filed on NSC on july middle,,recently i have 4 soft luds what this mean.
Thanks
Aj
newyorker123
09-28 03:21 PM
How long did it take for you after filing the FOIA to get the concerned documents ?
Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.
But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).
Complex tracks(track 2) taking 2-3 months these days, like the one I requested for the complete set of documents in file of my I-485. They send me the CD with all the documents in PDF format.
But if you are looking for specific document I guess it will be faster as they put in simple track(track 1).
