godbless
07-18 07:55 PM
My I 140 alone was applied on July12th as we did not know anything about the revision that time.
I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.
Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.
Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?
Thanks a lot for the reply,
Sam
You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.
I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.
Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.
Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?
Thanks a lot for the reply,
Sam
You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.
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vishwak
11-08 01:46 PM
VOTED for Narayana.
ivgclive
12-19 08:34 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him, ....
AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".
Guys, we are entering 2010...
One of my friend is in a bad situation, I am posting on behalf of him, ....
AJ
I asked my friend about this, since he has not had any idea he asked his friend, who suggsted to talk to another friend of his friend who knows little about immigration and he told my friend of friend of friend that "Tell your friend or be assured that you can not talk for your friend in immigration related issues".
Guys, we are entering 2010...
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priderock
08-06 11:55 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
more...
ssbaruah@yahoo.com
03-01 08:26 PM
Hi,
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
DyersEve
10-20 10:02 PM
thnx but do you mean what the text says or the font/format/position of it?
more...
austingc
12-26 10:41 PM
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
varumo_varatho,
I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.
Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.
You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.
If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
varumo_varatho,
I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.
Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.
You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.
If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.
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gsc999
07-11 07:14 PM
nfinity & syzygy, please check your PM.
more...
alpa
02-24 04:36 PM
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Thanks and Regards,
Alpa
1. Which documents are required to convert H1 to H4 while being in USA?
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Thanks and Regards,
Alpa
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jsb
08-31 09:43 AM
Is it Received date or Notice date?
There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).
Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.
Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.
There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).
Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.
Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.
more...
srinivas_o
09-16 02:41 PM
Thanks to all of you guys. Your responses makes me feel good about travelling to India. Once again, thank you.
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CatsintheCraddle
05-04 05:07 PM
Oh, by the way, I did not file for I-140, I went filed I-130 based on marriage to a US citizen. Thanks for the link but I couldn't find anything on my kind of case.
more...
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friend99
10-09 09:46 PM
Everything ha0s been done through a Lawyer, I mean my application was applied through a Lawyer and still rejected for no reason!
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reno_john
06-18 12:34 PM
U need to Say the last entry because H1B visa will tell you the stamping city. SO u can go ahead and tell them the port of entry u came to USA after H1B stamp, since u will be sending a copy of ur passport and they will see ur Canada visa and also the H1 visa with Canada as the date of issuance and that will be in the USCIS database, because they verify before they issue the H1 visa.
more...
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slowwin
02-22 02:31 PM
Full time genrally means atleast 9 credit hours per semster (could be more).
If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.
AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed.
regards,
slowwin
If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.
AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed.
regards,
slowwin
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austinsamb
05-12 09:53 AM
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.
I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.
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quizzer
07-26 10:22 PM
any idea when will this be taken up?
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deepakjain
01-21 03:25 PM
I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.
I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
submitting my passport I got it back with visa stamped on it.
Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.
Regards,
Deepak
Folks:
I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:
1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification
I also read somewhere that there is a way to get PIMS verification done while in US.
I will appreciate your responses.
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sanprabhu
07-26 11:20 AM
I already sent the card to Senator... I urge everybody else to do the same.
GCard_Dream
01-13 01:13 AM
This is precisely the reason I hate to see any 485 related thread. Every single time someone starts a 485 thread, fight breaks out and original intent of the thread is always lost and what's left is just bitter feelings and animosity among members yet members continue to start new threads.
This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.
You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.
I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).
I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.
Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.
You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.
I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).
I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.
Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
bluekayal
10-23 12:34 PM
comments?
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