diptam
08-01 09:17 AM
Same thing happened with me - My labor was approved from Phily BEC on Mar 16th 07 and my company kept saying that didn't receive anything till Apr 16th 07...
Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.
Eventually my company received the Labor papers on May 7th 07....
Hope this story helps.
Diptam
How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).
Then i was impatient and called Phily BEC and they were very nice to explain me that it can take upto 1.5 months to 2 months for my company to receive via Lawyer. In fact it may take 1 month for Phily BEC to mail - he explained.
Eventually my company received the Labor papers on May 7th 07....
Hope this story helps.
Diptam
How long on average does it take to get labor approval into my lawyers' hands from BEC once it is approved (certified status shown on the BEC website).
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Prashanthi
09-04 01:49 PM
Yes he can travel during the transfer, in order to file the transfer he will have to show latest paystubs from his previous H-1 employer or he has to show that he reported to work and was hired before he can file for a transfer. To file a transfer the USCIS charges $500 +$320+ $750 ($1500 if the petitioner has more than 25 employees).
dpsg
04-09 05:47 PM
Thanks for everything you guys do to solve the EB related issues.
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emeraldth
01-05 04:14 PM
For my case, it looks not very easy to keep the same job title after switching employer. So I'm wondering whether anyone has the experience about how to persuade current employer not to revoke my I-140?
My situation is that the managers of quite a few departments in my current employer like me, but these managers are not getting well with each other. So I actually cannot enjoy this and am suffering the politics. And my pay is quite low, much lower than what I got in previous IT company although at that time I was a very fresh graduate, and also lower than the prevailing pay in this industry in the same city. The only reason I joined this one was for family reason.
My situation is that the managers of quite a few departments in my current employer like me, but these managers are not getting well with each other. So I actually cannot enjoy this and am suffering the politics. And my pay is quite low, much lower than what I got in previous IT company although at that time I was a very fresh graduate, and also lower than the prevailing pay in this industry in the same city. The only reason I joined this one was for family reason.
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nursekm
09-24 06:54 PM
Hello,
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
luvschocolates
06-29 11:16 PM
The first I -797 notice that I got, states that they received my I-485 application on July 16, 2007. On the website for USCIS status update, it states that they received my application on September 8, 2007.
According to my understanding, one does not have to submit the $340 application fee for a work permit if they received the notice AFTER July 30, 2007. This is where it gets confusing.
Here's the problem...if they say on my paper notice that they received the application on July 16, 2007, then I would have to pay the $340.00 - correct?
But if the website states that they received it on September 8, 2007, then I would not have to pay the fee.
I need a job, plain and simple. I have been in this country for 6 years and have not had a single paycheck. I get room and board for taking care of an elderly disabled person and that's it. Any money I do get is from the kindness of friends and family or maybe babysitting for a friend etc.
I cannot afford the fee, but I don't want to take the time to fill out and submit the application if I have to pay.
How do I determine which notice to follow? Should I assume I have to pay the $340 and try to do so by borrowing the money from someone and if it wasn't necessary will they give it back? Or do I just go ahead and submit the application without the money and hope it gets approved? Does a work permit usually get approved or am I wasting my time?
If it is approved, do I get a social security number or what? I can't open a bank account nor change my driver's license without a social security number so I'm feeling really stuck.
Any suggestions?
According to my understanding, one does not have to submit the $340 application fee for a work permit if they received the notice AFTER July 30, 2007. This is where it gets confusing.
Here's the problem...if they say on my paper notice that they received the application on July 16, 2007, then I would have to pay the $340.00 - correct?
But if the website states that they received it on September 8, 2007, then I would not have to pay the fee.
I need a job, plain and simple. I have been in this country for 6 years and have not had a single paycheck. I get room and board for taking care of an elderly disabled person and that's it. Any money I do get is from the kindness of friends and family or maybe babysitting for a friend etc.
I cannot afford the fee, but I don't want to take the time to fill out and submit the application if I have to pay.
How do I determine which notice to follow? Should I assume I have to pay the $340 and try to do so by borrowing the money from someone and if it wasn't necessary will they give it back? Or do I just go ahead and submit the application without the money and hope it gets approved? Does a work permit usually get approved or am I wasting my time?
If it is approved, do I get a social security number or what? I can't open a bank account nor change my driver's license without a social security number so I'm feeling really stuck.
Any suggestions?
more...
kpsm88
11-12 04:16 PM
Hi,
We will be travelling to India and are looking to book Visa appointment. In Mumbai only first week of december is available. As we have to mail the documents, first week of december is not an option for us.
Has the Mumbai consulate opened the dates for December 2nd week and further or has the appointments been booked?
We will be travelling to India and are looking to book Visa appointment. In Mumbai only first week of december is available. As we have to mail the documents, first week of december is not an option for us.
Has the Mumbai consulate opened the dates for December 2nd week and further or has the appointments been booked?
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prom2
10-03 08:23 PM
http://immigrationvoice.org/forum/showthread.php?t=14114
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smarth
10-23 06:30 PM
Thanks for reply. If I-94 issued for 1 year, suppose we change home address from one state to another state, until what time the driver's license will be issued(most of the states check the I-94 validity end date)? will it be only 1year till the I-94 expires? If yes, what is the process of renewing the driver's license after one year.
Thanks
Thanks
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purgan
09-20 04:21 PM
USCIS clairified today, No
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lekyiscool
August 9th, 2007, 07:35 PM
Can i take short video clips with it ???
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Digitalosophy
06-21 05:51 PM
Thank you man, it's a shame the client had to front.
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LostInGCProcess
02-25 09:45 AM
Hi-
My current EAD was issued in 2007 when I filed I-485 + I-140 concurrently. It has since expired. I did not apply for a renewal because I am still on my H1B.
I am applying for a renewal now and had a question regarding filling out form I-765
Q15. Current Immigration Status ( Vistor, Student, etc )
I am still on my H1B. So I think I should write H1B and not AOS. But I am not sure.
I filled (C)(9) for Q16 Eligibility Criteria, and since I live in Ohio I am sending it to USCIS Phoenix Lockbox Facility. My receipt notice is Aug 2007 and to be sure I am including the $380 fee.
Appreciate your help!
Thanks
If you are on H1B, then you must write H1B as your current status.
My current EAD was issued in 2007 when I filed I-485 + I-140 concurrently. It has since expired. I did not apply for a renewal because I am still on my H1B.
I am applying for a renewal now and had a question regarding filling out form I-765
Q15. Current Immigration Status ( Vistor, Student, etc )
I am still on my H1B. So I think I should write H1B and not AOS. But I am not sure.
I filled (C)(9) for Q16 Eligibility Criteria, and since I live in Ohio I am sending it to USCIS Phoenix Lockbox Facility. My receipt notice is Aug 2007 and to be sure I am including the $380 fee.
Appreciate your help!
Thanks
If you are on H1B, then you must write H1B as your current status.
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VMH_GC
07-23 07:06 PM
Gurus,
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
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buehler
02-06 06:00 PM
I filed my I-485 in July 07 at Nebraska service center and my wife had her finger printing done a month or so ago but I am yet to get the notice. Is there some number I can call and check. My Lawyer is very uncooperative in this case.
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amitga
01-15 09:18 PM
Atleast they should allow that.
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visacase
07-10 02:40 PM
Hi,
Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.
Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.
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jv101
05-20 12:46 PM
I'm working for Company A and this is my 7th year on H1-B.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
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paskal
09-11 12:06 PM
my amateur opinion would be that if you get another J1 visa after the waiver- you will need another waiver- last action is what counts!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...
hope that helps!
i'm presuming we are not talking about a physician J-1 here.
there are no restrictions on foreign travel on a J1- except that it expires a lot (every year for physicians) and needs restamoing to reenter...
hope that helps!
alterego
05-04 11:55 AM
You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Joppe
05-22 05:15 AM
The first is nice , but the duck hunt one is cool :D
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