snathan
02-19 04:57 PM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
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anoop4real
11-23 02:13 AM
Hi,
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
sury
05-23 01:06 PM
I was little worried about filing AC21 when I am just 4 months away from GC. Filing AC21 with my current situation would not bother my GC then I am very much happy to switch over...Thanks everyone.
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tom
06-18 03:36 PM
.
more...
nirajnp
06-02 04:55 PM
Hi,
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
Blog Feeds
05-27 12:40 PM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
more...
alisa
06-26 04:59 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
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desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
raj3078
01-31 06:02 PM
I have been reading lot of threads lately on IV...While I am in same boat as all of you, I feel really stressed out after reading these threads. Almost feels sad about myself and others. I feel we need stress reduction...So lets get back to what we find the most fun. Prediction of VB Priority dates for Marc07.:D
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
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gcslave
07-02 07:23 PM
Wife got FP notice yesterday. None for me or my daughter. USCIS now has a new procedure where they will update the criminal background check without new fingerprints, unless old FP are unusable for whatever reason....That means no GC until end of July with all the remaining processing :(
Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.
Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.
more...
regacct
05-17 09:30 AM
Took the survey, but what is the purpose of this?
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newbie2020
03-27 11:26 AM
ASk her to apply for a H4 Visa at local consulate in India. and when she comes to US use the H4 visa papers .....
more...
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Cheran
09-18 12:36 PM
I know people work for county on EAD, but can one be employed by the US government on EAD?
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zeus2000
04-21 07:22 PM
I haven't received any responses yet, and could still use help on the matter. Please, I want to hear your thoughts!
more...
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90210
07-19 01:22 PM
Thank you !
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IWannaBeHowdy
11-14 01:57 PM
Thank you!! :)
By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?
Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?
By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?
Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?
more...
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arnet
10-24 12:46 PM
my friends travelled on AP for about 2 months and they entered without any problem and their employment based AOS is pending in NSC. nt sure abt your case, check about your situation with USCIS or with your attroney, may be your case is different.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
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chinna2003
05-15 10:15 AM
I realize the miscommunication on my part so I apologize to my previous post that i didnt understand the reply.
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted
I meant to ask if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer .As a dependent I am aware that I can be without a job.
EB3 PD is Feb 2005
I 140 approved filed 02/2006
I485 07/2007
RFE for EVL April 2009 submitted
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bobzibub
10-06 05:22 PM
I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Maybe they could use bits of the Berlin wall?
Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
:D
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Maybe they could use bits of the Berlin wall?
Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
:D
sanjose16
02-26 01:22 PM
Thanks fromnaija for quick reply..
I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...
Based on you reply,
all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...
If it cannot be done,
then I should pray that her H4 extension gets approved first......
I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...
Based on you reply,
all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...
If it cannot be done,
then I should pray that her H4 extension gets approved first......
SGP
12-06 11:29 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?
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