kprgroup
07-20 12:37 PM
Background OF Myself
----------------------
Worked for Company A from 2003 to 2008.
Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
Employer A revoked 140 which triggered 485 denials in October 2008.
Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
Questions
----------
Now Will I able to renew my H1B? Using pending 485 more than 365 days?If so will able to get 3 years renewal?
Will the past 140 revoke issue, trigger any RFE?
When I send my all H1B renewal papers, do I need to enclose my 485 receipt copy? or also the MTR(Motion to Reopen)copy?
Thanks
KPR
----------------------
Worked for Company A from 2003 to 2008.
Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
Employer A revoked 140 which triggered 485 denials in October 2008.
Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
Questions
----------
Now Will I able to renew my H1B? Using pending 485 more than 365 days?If so will able to get 3 years renewal?
Will the past 140 revoke issue, trigger any RFE?
When I send my all H1B renewal papers, do I need to enclose my 485 receipt copy? or also the MTR(Motion to Reopen)copy?
Thanks
KPR
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raviram1980
01-15 10:58 AM
Thanks a lot for your reply. Can I request the consulate here at New Delhi to give back my passport and I-797 which I submitted to them ?
Regards,
Ravi
Regards,
Ravi
whoever
07-20 01:56 PM
we did the same. it seems your marriage in india was just marriage ceremony and not legal marriage.
2011 as well as the word tattoo
sam_hoosier
01-24 02:45 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?
more...
gps001
02-23 03:04 PM
I don't want to use EAD/AP, as I want to have a backup.
piyu7444
04-10 11:33 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
more...
martinvisalaw
01-11 03:52 PM
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Your can apply for PR while in L-1A status, however if the L-1A expires before you have reached the 3rd step, you need to leave the US. That's why it would have been better to change to H-1B, so that the nonimmigrant status could be extended while the PR process was pending. Even if he is EB-2, it will take at least a year, and much longer if you and your husband were born in or China, before you can file the 3rd step.
Your can apply for PR while in L-1A status, however if the L-1A expires before you have reached the 3rd step, you need to leave the US. That's why it would have been better to change to H-1B, so that the nonimmigrant status could be extended while the PR process was pending. Even if he is EB-2, it will take at least a year, and much longer if you and your husband were born in or China, before you can file the 3rd step.
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bijualex29
03-24 12:31 PM
If Total 290000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
more...
rajubuthi
08-18 08:47 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
Please advise me what to next..! Is there any chance of a positive result.?
IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?
Thank you..
Rgds,
Raju
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Enebreus
01-19 07:36 PM
Just a quick note. I used the Box2d Library for this project so this might invalidate my entry... if that's the case I'll have to put all hope in my second entry!
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Sri_
11-12 03:47 PM
My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(
wandmaker,
Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.
Thanks.
wandmaker,
Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.
Thanks.
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chanduv23
09-12 09:57 AM
Yes they do it. They do random google searches. Our issue is not resolved just because they are given directive not to use wikipedia, because they may use a lot of other resources on the internet.
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Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
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lazycis
12-03 01:02 PM
No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.
Correct, with a few exceptions:
1) I-140 can be automatically revoked if the petitioning employer goes out of business.
2) I-140 can be withdrawn by the petitioning employer.
If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.
Correct, with a few exceptions:
1) I-140 can be automatically revoked if the petitioning employer goes out of business.
2) I-140 can be withdrawn by the petitioning employer.
If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.
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ronhira
10-11 07:41 PM
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sapking
02-22 09:45 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
more...
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JunRN
12-17 07:37 PM
It your decision and must get a good lawyer. If I were you, I will file AC21.
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samrat_bhargava_vihari
02-12 09:58 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
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kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
yabadaba
07-23 07:10 AM
akshayadalti -> person who voted yes...please provide more details
ajay
12-23 08:34 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
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