front123
03-19 02:27 PM
Hello,
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
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bharat2008
08-18 09:38 PM
Thanks guys.
My I-797 and old I-94 are same number .I will send the new I-94 to KY .
My I-797 and old I-94 are same number .I will send the new I-94 to KY .
nursekm
08-13 01:36 AM
I traveled to Canada and back. The CBP-US stamped both my AP. Can I use the stamped AP for travel?
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arkrish68
02-19 06:06 PM
Dear All,
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Is it possible for you to share your companies name which is being audited.
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Is it possible for you to share your companies name which is being audited.
more...
deecha
04-02 03:23 PM
An A# is allotted whenever you file for AOS (either employment or relationship based or any other category eligible) and the USCIS accepts your I-485. This will be your A# for the rest of your life and will be on any subsequent filings (irrespective of the category .. immigrant or non-immigrant) with the USCIS.
I am not really sure about the A# allotted when you file for F1/OPT (I never had an F1). Please check with a qualified legal specialist.
Hello --
Do any of you know what the A# is on the I-485 / I-130 / I-765 etc is for people who have previously held an F-1 / OPT-related A#? I have seen previous forums stating that OPT A#s begin with a "1" which connotes an OPT status; however I am not clear whether we are supposed to use that same A# on our I-485 and other GC-related documents, or leave that space blank.
Sorry this is redundant but previous posts don't seem to clarify a definitive answer to this question. Many thanks in advance.
-H
I am not really sure about the A# allotted when you file for F1/OPT (I never had an F1). Please check with a qualified legal specialist.
Hello --
Do any of you know what the A# is on the I-485 / I-130 / I-765 etc is for people who have previously held an F-1 / OPT-related A#? I have seen previous forums stating that OPT A#s begin with a "1" which connotes an OPT status; however I am not clear whether we are supposed to use that same A# on our I-485 and other GC-related documents, or leave that space blank.
Sorry this is redundant but previous posts don't seem to clarify a definitive answer to this question. Many thanks in advance.
-H
muni_k
02-25 03:53 PM
My company filed for PERM in September4,2007.Audited in October.reply was filed first week of November.Still no word on the PERM processing.My H1B visa expires June 30,2008.I have spent app. 7 weeks out of USA in the last six years.if I take a 3 week vacation out of the country can I extend my h1b visa to say September 15,2008(it will be 10 weeks total).And then be eligible for the 365 day rule for H1b extension.please reply.don't see too many options right now.
more...
ca_immigrant
02-05 01:41 PM
Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
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marty
03-14 02:52 PM
Thanks for the reply. I've also got canadian immigration as a backup and my visa is valid till April 20. I was planning to go to canada and come back to US on parole but my friends advised me to wait as from march bulletin it looks like my PD for Oct 05 will become current hopefully in the next bulletin. I was told that I might put the US case in risk as you never know what could happen when you come back.
What do you guys suggest?
Thanks for your help.
What do you guys suggest?
Thanks for your help.
more...
vinicola76
05-21 01:43 PM
according to latest may 15th update, 140 processing dates have not moved at all ...Is there anything we can do at all to push for premium processing or is it a lost cause??
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h1b_slave
12-31 04:20 PM
Hi!
I am thinking of leaving my current employer & joining the primary vendor for the client, wondering if my employer can hold back last month's salary OR how people have handled such situations.
Thanks for your reply.
I am thinking of leaving my current employer & joining the primary vendor for the client, wondering if my employer can hold back last month's salary OR how people have handled such situations.
Thanks for your reply.
more...
GCHope2011
07-02 01:14 AM
Immigration - Forbes.com (http://www.forbes.com/2010/05/20/immigration-illegal-aliens-opinions-immigration-special-report_land.html?boxes=Homepagelighttop)
Good article - balanced view.
Good article - balanced view.
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delhiguy
06-24 12:08 PM
bump..
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ss_col
05-21 12:20 PM
Does anyone know how are they planning to calculate the points and how much points do you need to file GC/eligible for GC?
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nath.exists
06-04 09:26 AM
Gurus, My place of birth is different in my passport than that of my birth certificate. I will have the place of birth changed in my passport. Could you pls tell me how difficult/messy is to have the uscis change the place of birth in my h1b petition based on my new passport. I am currently in my second year h1b. please throw light on any possible complications both serious and trifle. I dont have my h1b visa stamped yet. My GC process is going to start soon.
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supers789
01-02 06:40 PM
can someone please reply?
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rameshk75
02-28 02:29 PM
Any suggestions??
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smartboy75
10-12 05:36 PM
Hi All
I know a lot of July 2nd filers and some other who have been waiting for receipt notices...
There was an update yesterday by Mathew at www.immigration-law..that of the 800,000 applications only 400,000 have been receipted so far....May be it may take 2 more months for all the receipting updates to be done....
So everybody who is frustrated ..hang in there..have patience
Good luck ...
10/11/2007: July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
I know a lot of July 2nd filers and some other who have been waiting for receipt notices...
There was an update yesterday by Mathew at www.immigration-law..that of the 800,000 applications only 400,000 have been receipted so far....May be it may take 2 more months for all the receipting updates to be done....
So everybody who is frustrated ..hang in there..have patience
Good luck ...
10/11/2007: July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
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snhn
08-14 11:49 AM
One other question. CAn I submit a query to DOL and find the status of it. Are employees allowed to do that. I remeber sending them email a while ago, and they never replied. if there is a method of obtaining this information, can somebody pleae direct me to that.
Thanks!
Thanks!
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tempgc
09-25 12:38 PM
Can an AILA member post contents of this doc.
# 9/24/2009 DOS Provides Background on Visa Allocation Process
As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.
AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)
# 9/24/2009 DOS Provides Background on Visa Allocation Process
As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.
AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)
roseball
08-04 04:11 PM
Hi,
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.
sodh
07-25 02:20 PM
Yes
I second that.
I second that.
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