gc_chahiye
10-12 04:34 PM
I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
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JaisGCQuest
10-03 05:34 PM
Once your I-140 is approved you can retain your Priorty dates. Even if the Company A revokes your I - 140 [ which they cannot do like that..they should have a valid reason to revoke anyones I-140 - either fraud or you are convicted for something ] . Now do you have the copy of your I-140 approval because that will be needed !
Thanks,
Thanks,
snathan
03-31 08:02 AM
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
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NolaIndian32
07-24 11:39 AM
I agree - hiring your own attorney would be the best option if money is not an issue.
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gcharry
11-11 08:35 PM
Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
Thanks
Thanks
new_horizon
02-19 01:54 PM
It showed 'Tamil Nadu' on my wife's Appointment letter too, even though she has been a resident in US for last 6 years (also she's originally from Kerala). There was no problem at the interview. So don't worry.
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apb
03-31 07:10 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
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wizard20740
02-15 05:37 PM
Return 2 India forums
(http://www.r2iclubforums.com/forums/)
(http://www.r2iclubforums.com/forums/)
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sampath
04-17 09:21 AM
www.immigration-law.com
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
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mugwump
12-06 08:21 AM
what do you mean by code 3?
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Desertfox
02-26 01:24 PM
I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)
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Green_Print
07-20 01:56 PM
;) Yes my friend, you can change your jobs after 6 months of filing I-485 with I-140 approved.
Can I change my job after 6 months of applying I485 with valid EAD?
I have EB2 I140 approved.
I-485 applied this July.
Thank you.
Can I change my job after 6 months of applying I485 with valid EAD?
I have EB2 I140 approved.
I-485 applied this July.
Thank you.
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fasterthanlight�
05-19 05:49 PM
Agreed.
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sreekanth
09-18 01:04 PM
Thanks for the clarification. I will gladly pay you $5.(If and after I get my Greencard):D
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BMS1
11-02 05:47 PM
1. You can work with EAD for whomever you want.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
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EkAurAaya
07-29 10:45 AM
i emailed you some info!
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clifford
02-01 07:52 PM
Hi,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
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eb2dec2005
05-27 11:44 AM
If your MIL is not in the US, you cannot technically extend the visa.
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
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impala
09-18 01:14 PM
freinds,,,
I came to know that my 485 wld bet rejected and I wld be receiving all my applications as my employer has sent wrong fee to lawyer...
yesterday when I asked my company people to send the copies of all those checks that they have sent to lawyer and I found the 485 check has $385 on it....actually I just asked them after going through couple of threads related to 485 rejections in murthy.com...and got this bloody news..
I cleary sent mails abt sending $395 to my lawyer and our company has sent 385 it seems...due to the excessive volume of apps received at that time my lawyer office hasn't really checked all those checks it seems...they clubbed those checks with the my application and sent to TSC...and my lawyer informed that i wld get rejection....
can't they understand how sensitive it is?..can't they put their full mind while writing checks?...this is just ridiculous...
i have become victim of someones mistake,,,,,
i'm not saying that it is intentional but can't they be responsible?...
now after all this has happened they r talking abt SORRY stuff,,who cares...
friends,,psl help me,,,waht shld I do now...did anyone has similar case status?
I came to know that my 485 wld bet rejected and I wld be receiving all my applications as my employer has sent wrong fee to lawyer...
yesterday when I asked my company people to send the copies of all those checks that they have sent to lawyer and I found the 485 check has $385 on it....actually I just asked them after going through couple of threads related to 485 rejections in murthy.com...and got this bloody news..
I cleary sent mails abt sending $395 to my lawyer and our company has sent 385 it seems...due to the excessive volume of apps received at that time my lawyer office hasn't really checked all those checks it seems...they clubbed those checks with the my application and sent to TSC...and my lawyer informed that i wld get rejection....
can't they understand how sensitive it is?..can't they put their full mind while writing checks?...this is just ridiculous...
i have become victim of someones mistake,,,,,
i'm not saying that it is intentional but can't they be responsible?...
now after all this has happened they r talking abt SORRY stuff,,who cares...
friends,,psl help me,,,waht shld I do now...did anyone has similar case status?
getgreensoon1
04-26 11:46 AM
Hi,
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
gc-gc plz
04-01 09:40 PM
Hello everyone,
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you