samk32@gmail.com
06-11 07:04 PM
My Question is - Am I eligible for Premium I-140 Processing since i am in my 6 th year of Stay.
Here is little background on the same (Technical Error)
I was on L1A from Sep 2003 to Sep 2005
First H1B from Oct 2005 to Sep 2008
In August 2008, I got Second H1 extension till Sep 2011 instead of Sep 2009.
My Labor got approved in this year in March also I got my Visa approved and I-94 Issued till Sep 2011.
My First Question remains the same - Am I elligible for Premium I-140 Processing. After I-140 Processing, should i apply for H1 extension again.
Pls. advice
Here is little background on the same (Technical Error)
I was on L1A from Sep 2003 to Sep 2005
First H1B from Oct 2005 to Sep 2008
In August 2008, I got Second H1 extension till Sep 2011 instead of Sep 2009.
My Labor got approved in this year in March also I got my Visa approved and I-94 Issued till Sep 2011.
My First Question remains the same - Am I elligible for Premium I-140 Processing. After I-140 Processing, should i apply for H1 extension again.
Pls. advice
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gcseeker2002
02-07 05:52 PM
Thanks for the information
Please boycott these countries that ask for transit visa, they need to be taught a lesson the hard way, fly nonstop or through friendly countries.
Please boycott these countries that ask for transit visa, they need to be taught a lesson the hard way, fly nonstop or through friendly countries.
sanjose16
02-24 10:53 AM
I would appreciate if any one can answer my question
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
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clifford
02-02 06:06 PM
Thank you for replying. My Apr 2008 EB3 PD is so deep in the pit that I better take chances to apply again in EB2 .
Regards,
Clifford
Regards,
Clifford
gcpool
11-16 09:07 AM
You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.
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wata
06-22 02:23 PM
For me EB3 PD date doesn't mean anything because EB2 PD is current. I believed you may retain your PD if you got your I-140 approved.
do you know if you can retain your PD from your eb3 application for your new application..
do you know if you can retain your PD from your eb3 application for your new application..
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manderson
03-04 10:47 AM
i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
more...
sanjose16
02-24 10:53 AM
I would appreciate if any one can answer my question
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bhatt
04-02 02:21 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
For TSC paper filing is faster than eletronic filing;).
For TSC paper filing is faster than eletronic filing;).
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supercomp
01-26 01:04 AM
I am asking this question for relative of mine. I wanted to get some honest opinions.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
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pramodirt
07-02 09:46 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
more...
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jthomas
05-04 10:16 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
If you were on H1B
1. the employer has to provide you one way return ticket to your actual destination. this is the law.
If this can be done,
1. Tell your employer to give you one month vacation and keep you on the payroll. In that case, you can start applying for a job and if you get a job you should be saved. You would have to call employers rather than depending on rectruiters
2. If possible change to F1 visa,
3. Promptly apply for canadian immigration and move to canada, since you were in US in H1B there are high chances you would get a canadian PR within 6-8 months.
4. At least complete the FBI clearance when you are at US to apply for canadian PR.
5. Check for other oppurnities.
However,
1. Describe your skillset and the nature of work. Maybe someone from IV would help you.
2. Ask for help if you need something. Most of the IV members i got in touch are really helpful. In turn i have helped few of them.
J Thomas
Plz reply me soon
Thanks
If you were on H1B
1. the employer has to provide you one way return ticket to your actual destination. this is the law.
If this can be done,
1. Tell your employer to give you one month vacation and keep you on the payroll. In that case, you can start applying for a job and if you get a job you should be saved. You would have to call employers rather than depending on rectruiters
2. If possible change to F1 visa,
3. Promptly apply for canadian immigration and move to canada, since you were in US in H1B there are high chances you would get a canadian PR within 6-8 months.
4. At least complete the FBI clearance when you are at US to apply for canadian PR.
5. Check for other oppurnities.
However,
1. Describe your skillset and the nature of work. Maybe someone from IV would help you.
2. Ask for help if you need something. Most of the IV members i got in touch are really helpful. In turn i have helped few of them.
J Thomas
tattoo Transformers Dark of The Moon:
longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
more...
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Life2Live
09-18 12:07 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
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pd052009
11-18 07:08 AM
FI...I got my DL yesterday, 40 days after giving DMV tests.
more...
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meridiani.planum
04-02 01:12 AM
04/02/2008: Petitions/Applications Backlogs as of 02/29/2008
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...
Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...
Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!
girlfriend Transformers: Dark of the Moon
pappu
03-12 12:05 PM
Thanks for your post and being informative. We understand your frustration (as expressed in words-- bucket of warm spit :) ) and appreciate the concern.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
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smartboy75
08-25 04:51 PM
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
Nagireddi
04-04 10:27 PM
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
salvador marley
04-24 05:47 PM
sorry here
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