hebbar77
09-10 03:07 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
also means nothing is happening to your case!
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newuser
07-11 02:30 PM
Count me in. Just sent a PM
kondur_007
05-13 01:34 PM
Thanks to all of you! Such a wonderful discussion.
So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.
It can also be done at 485 stage, but much easier to do at 140 stage.
Make sure to insert the same A number that came with old I 140.
Good Luck.
So now can my husband port his PD as well? How does the priority date swap? What process have people gone through to do this effectively?
The most effective way is to ask for old PD on the new I 140. There is a box on form I 140 that asks for prior approved I 140 and PD on that (if you want to retain it). download the form and see it for yourself.
It can also be done at 485 stage, but much easier to do at 140 stage.
Make sure to insert the same A number that came with old I 140.
Good Luck.
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amsgc
04-17 08:36 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
more...
mdipi
10-20 09:44 PM
not bad at all, but the text sucks
:evil:
:evil:
needhelp!
01-21 01:49 PM
I know one or two friends who had gap in between H1 transfer. So far USCIS has not been to strict about it.
If you find a minute, could you please update your profile to help other members and IV?
If you find a minute, could you please update your profile to help other members and IV?
more...
stucklabor
07-26 02:59 PM
See original A.P. story below.
Copyright 2005 Associated Press
All Rights Reserved
The Associated Press
April 15, 2005, Friday, BC cycle
SECTION: Washington Dateline
LENGTH: 550 words
HEADLINE: Senate agrees to votes on immigration measures
BYLINE: By SUZANNE GAMBOA, Associated Press Writer
DATELINE: WASHINGTON
BODY:
Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.
The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.
Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.
Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.
Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.
"While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.
Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.
Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.
"The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.
Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.
"Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.
The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.
They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.
Copyright 2005 Associated Press
All Rights Reserved
The Associated Press
April 15, 2005, Friday, BC cycle
SECTION: Washington Dateline
LENGTH: 550 words
HEADLINE: Senate agrees to votes on immigration measures
BYLINE: By SUZANNE GAMBOA, Associated Press Writer
DATELINE: WASHINGTON
BODY:
Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.
The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.
Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.
Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.
Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.
"While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.
Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.
Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.
"The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.
Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.
"Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.
The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.
They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.
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O'podu
07-17 04:13 PM
I luv to send flowers,cards n sweets to IV leads.
comeon, gimme a big hug guys!!:p
;) I dont mind even a kiss..cas am so happy!
comeon, gimme a big hug guys!!:p
;) I dont mind even a kiss..cas am so happy!
more...
nozerd
10-08 11:48 PM
Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below
http://www.chron.com/disp/story.mpl/front/6047852.html
http://www.chron.com/disp/story.mpl/front/6047852.html
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pushkarw
12-21 01:13 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
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vandanaverdia
09-10 12:59 AM
^^^ bump ^^^
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jack_suv
07-20 10:33 AM
Hi all,
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
As one reply pointed out,
AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.
EAD is a way to get a job. Obviously using EAD is easier than filing H1.
So you can use AC21 by using H1 and still retain spouse's H4.
You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.
more...
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eb2_immigrant
09-16 02:35 PM
I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.
Do not wait for USCIS to make decisions.
Do not wait for USCIS to make decisions.
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kart2007
10-24 06:36 PM
finally status for EAD and AP changed to " documents mailed".
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
Good luck
But was your AP/EAD in Pending status or Approved status when you emailed the Ombdusman?
But yesterday i received a letter from USCIS related to the fax I did before.
and as per that letter, my request to expedite my EAD and AP is not valid(?????????????) so they sent my fax back (print out). I really dont understand this!!!!!!!!!!
waiting for EAD & AP hopefully I will get it tomorrow.
Good luck
But was your AP/EAD in Pending status or Approved status when you emailed the Ombdusman?
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surabhi
05-29 08:21 PM
I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
Thank you for the help
YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.
USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.
It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.
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ramaonline
10-15 03:01 PM
Per murthy.com:
h1 status ends when you start using ead for the current or new part-time/full time job. You can switch to ead for the current job and also work part time
Please confirm this with an immig attny - there is lot of confusion regarding this.
h1 status ends when you start using ead for the current or new part-time/full time job. You can switch to ead for the current job and also work part time
Please confirm this with an immig attny - there is lot of confusion regarding this.
more...
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gceverywhere
06-10 08:00 PM
1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
Seriously, what will it take for the rest of you to call?
Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.
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immilaw
09-27 09:00 AM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
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hiralal
05-11 09:18 AM
no comments on the above ..or a different / better idea ??
AB1275
12-17 12:42 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
TheHulk
09-11 10:50 AM
I was in a similar situation with EAD
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
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