binjosmurthy
07-01 07:47 AM
Could you please reply soon to my below questions:
1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?
2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?
3) What is the success rate of going back to home country and re-applying for F1 visa?
Please share your knowledge. Thank You!
Corrections:
Since your employer has filed a labor before you might have problems in transferring to F1 (Since you have shown intent to immigrate).
Immigrant intent is only established by the I140 and or I485 filing. At the Labor cert stage, USCIS is generally not involved. LC is only a process to determine the validity of the job offered to a foreign national for which qualified US citizens are not available.
3. Even if both of these thing do happen and you get OPT after 2 semesters you still cannot get an H1b unless you move out of the country for atleast 1 year. H1b Extension after 6 years is for continuation of employment if there is a break you cannot apply for extension beyond 6th year using 140 you have to go out for 1 year, moving to F1 does not count as break.
Under the 2006 memo, it is not necessary for the h1b beneficiary to be in H1 status when applying for the additional 1 year or 3 years extension based on LC filing date or I140 approval. See this url:
MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)
1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?
2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?
3) What is the success rate of going back to home country and re-applying for F1 visa?
Please share your knowledge. Thank You!
Corrections:
Since your employer has filed a labor before you might have problems in transferring to F1 (Since you have shown intent to immigrate).
Immigrant intent is only established by the I140 and or I485 filing. At the Labor cert stage, USCIS is generally not involved. LC is only a process to determine the validity of the job offered to a foreign national for which qualified US citizens are not available.
3. Even if both of these thing do happen and you get OPT after 2 semesters you still cannot get an H1b unless you move out of the country for atleast 1 year. H1b Extension after 6 years is for continuation of employment if there is a break you cannot apply for extension beyond 6th year using 140 you have to go out for 1 year, moving to F1 does not count as break.
Under the 2006 memo, it is not necessary for the h1b beneficiary to be in H1 status when applying for the additional 1 year or 3 years extension based on LC filing date or I140 approval. See this url:
MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)
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swartzphotography
January 7th, 2007, 11:14 AM
well i guess here in oklahoma were more simple than up there in new jersey as im sure most people here understand what i mean about a pickup up truck not only serving a purpose as a tool but also as a source of fun ie going out and just gettin it muddy. now please dont think im saying you should go out and get your leica muddy lol. seriously though dont think im talking bad about this particular camera cuz im deffinately not. i know that its an awsome camera. my only question is why dont more pros use leica brand cameras. the ones i see in magazines seem to be small relative to even the smallest slr camera. also the lens that they have mounted on them also seems small in size. Now this is only my opinion but my conclusion is that most feel they are to small in size to use in the studio and be taken seriously. please correct my assumption though if its wrong. I do see the value this camera would have for someone traveling and getting beutifull pictures without being cumbersome.
jsaradhi
05-18 04:44 PM
I'm in the same boat as well. What if the amendments actually get implemented and the PD becomes current before your new EB2 LC+I140 are approved? Do we lose our previous PD? I just want to make sure before I actually go ahead and do it this way. My PD is Nov 2003 in EB3 category.
Thanks!
Thanks!
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beppenyc
02-15 09:26 AM
By a regular, legal, immigrants, you should be shamed.
more...
jediknight
06-23 12:52 PM
the problem is not that these redneck guys are making a fool of everyone..... the real problem is that they know people will buy this nonsense over & over again ......
I am constantly amazed that these folks find followers who are ready to cut their noses to spite their faces.
It's like a cult :-(
The most funniest and saddest thing I saw were folks on Medicare and unemployment fighting against the so called government takeover of the health care system.
Between the Republicans (Do nothing) and Democrats (We are scared to lose the election), we are the ones that are getting screwed. :-(
- JZ
I am constantly amazed that these folks find followers who are ready to cut their noses to spite their faces.
It's like a cult :-(
The most funniest and saddest thing I saw were folks on Medicare and unemployment fighting against the so called government takeover of the health care system.
Between the Republicans (Do nothing) and Democrats (We are scared to lose the election), we are the ones that are getting screwed. :-(
- JZ
bhagat69
04-24 09:55 AM
Friends, if I already have an EB3 application pending for April 2006 PD and my friend is willing to file EB2 application while I continue to work on EB3 with present employer will my current employer find out ?
My current employer has refused to give me copy of I-140. I only know the receipt# LIN... for my I-140. Can I use this to port my priority date from EB3 to EB2. I want to be able to port my dates and file a new EB2 labour without my current employer finding out - possible or not ??
In my case will the EB2 filed now take longer than EB3 filed in April 2006 priority date ? Is it even worth it ?
My current employer has refused to give me copy of I-140. I only know the receipt# LIN... for my I-140. Can I use this to port my priority date from EB3 to EB2. I want to be able to port my dates and file a new EB2 labour without my current employer finding out - possible or not ??
In my case will the EB2 filed now take longer than EB3 filed in April 2006 priority date ? Is it even worth it ?
more...
ags123
05-16 02:06 AM
Your scenario is specifically on page 37. Read the whole bullet point of (vi). It looks like if AAO rules in your favor you would not accrue any unlawful presence, otherwise you will.
Thanks for the reply, I had checked this before posting. However this is for extension of status(EOS) or change of status(COS) of non immigrant status.
I-485 being adjustment of status to permanent residence the AAO appeal cant be similar to a EOS/COS nonimmigrant visa situation.
In the entire 51 pages I dont think this situation is addressed for I-485 denial appeal, Please let me know if this is not correct.
Thanks
Thanks for the reply, I had checked this before posting. However this is for extension of status(EOS) or change of status(COS) of non immigrant status.
I-485 being adjustment of status to permanent residence the AAO appeal cant be similar to a EOS/COS nonimmigrant visa situation.
In the entire 51 pages I dont think this situation is addressed for I-485 denial appeal, Please let me know if this is not correct.
Thanks
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ndprasad
04-14 08:47 PM
Hi, After searching for so many time in nvars.com, i got appointment only for june in calgary (exactly around 30 days before the new extension date). Has anybody stamped h1b visa renewal in canada before the expiry of the previous visa (from the same company) ?
Thanx
- ndprasad
Thanx
- ndprasad
more...
milind70
03-12 03:39 PM
Gurus,
I know there is already a thread on this topic, but wanted to ask some questions.
Here is my situation: I have a SSN, on H-1B for the past 4 years working all along. Filed for I-485 and got my EAD. From India.
My wife is on H-4 no SSN. We are trying to file for her H-1 B this year. I know its only a 50% chance (may be less).
Now, can I defer my 2007 tax filing to say October? If so, what is the procedure to defer tax filing to either October or later? If she gets her H-1 B approval notice in June can she apply for SSN in say July? Assuming she gets her SSN in July, can we both jointly file for 2007 taxes in say October?
Will my strategy work? Please advice. Thanks in advance for your responses.
Nope I dont think so will not work, since she can apply for SSN in late september at the most ,it takes two weeks for SSN to come so it will be Oct 15th by then i think you cutting to close to the deadline and IRS may not refund and will make two and two four of this (to ask for extension of tax filing) That my take on it. Rest is upto you why dont you consult a CPA on this or a tax consultant
I know there is already a thread on this topic, but wanted to ask some questions.
Here is my situation: I have a SSN, on H-1B for the past 4 years working all along. Filed for I-485 and got my EAD. From India.
My wife is on H-4 no SSN. We are trying to file for her H-1 B this year. I know its only a 50% chance (may be less).
Now, can I defer my 2007 tax filing to say October? If so, what is the procedure to defer tax filing to either October or later? If she gets her H-1 B approval notice in June can she apply for SSN in say July? Assuming she gets her SSN in July, can we both jointly file for 2007 taxes in say October?
Will my strategy work? Please advice. Thanks in advance for your responses.
Nope I dont think so will not work, since she can apply for SSN in late september at the most ,it takes two weeks for SSN to come so it will be Oct 15th by then i think you cutting to close to the deadline and IRS may not refund and will make two and two four of this (to ask for extension of tax filing) That my take on it. Rest is upto you why dont you consult a CPA on this or a tax consultant
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murbh
09-28 09:14 PM
(*based on data from USCIS)
Result for murbh:
Your position is 163 in the Green Card Queue based on your Country of Chargeability "", Priority Date "Mar-05" and Category "EB2" .
Your Expected Date of Adjudication is Sep, 2009.
(*based on data from USCIS website September 2009)
Result for murbh:
Your position is 596 in the Green Card Queue based on your Country of Chargeability "", Priority Date "Mar-05" and Category "EB2" .
Your Expected Date of Adjudication is Sep, 2009.
Result for murbh:
Your position is 163 in the Green Card Queue based on your Country of Chargeability "", Priority Date "Mar-05" and Category "EB2" .
Your Expected Date of Adjudication is Sep, 2009.
(*based on data from USCIS website September 2009)
Result for murbh:
Your position is 596 in the Green Card Queue based on your Country of Chargeability "", Priority Date "Mar-05" and Category "EB2" .
Your Expected Date of Adjudication is Sep, 2009.
more...
ngopalak
09-22 08:50 PM
If the bill has to pass we need to put pressure on the Congress. Can we organize a peaceful prayer at NYC and DC and CA on the sameday for the Congress to pass this bill? Put the adds on leading websites and news even if it has to cost us $?
====
H1B2C
This I think is a very smart idea. Something like a prayer is imaginative and different enough to capture both the attention and sympathies of the general public and hence will be picked up by the media.
Yet again, smart ideas like these show why we are the cream of the crop.
====
H1B2C
This I think is a very smart idea. Something like a prayer is imaginative and different enough to capture both the attention and sympathies of the general public and hence will be picked up by the media.
Yet again, smart ideas like these show why we are the cream of the crop.
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tampacoolie
07-21 08:45 PM
What happens when I 140 is cleared and approvedlike 2 months back and we didn't send the letter now.
Thanks.
Attach a letter, if you have not applied yet. If you had already applied, then wait for an RFE
Thanks.
Attach a letter, if you have not applied yet. If you had already applied, then wait for an RFE
more...
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sanju_dba
02-19 03:44 PM
All marketing guys here can confirm what I have to say. More visitors to IV bring up it's advertisement rate high. So each visitor directly or indirectly contribute to IV as I see lot of advertisements (lawyers etc ) nowadays on IV.
This does'nt mean we should not donate but we should not restrict the visitors in this internet age.
I am guessing , these ads are cash only when its clicked on, now imagine what kind of cash we are looking at.
This does'nt mean we should not donate but we should not restrict the visitors in this internet age.
I am guessing , these ads are cash only when its clicked on, now imagine what kind of cash we are looking at.
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godspeed
01-18 01:50 PM
Congrats,
Enjoy your freedom, you are greeeeeeeeeeeeeeeeennnnnnnnnn
Can you share your Priority Date, category/country of chargeability, Processing Center?
Hello friends - I got a email updated from CRIS today stating that my Notice is mailed welcoming the new permanent resident. The email states:
"On January 16, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What does this mean? When will I get my approval of my 485 and when will I receive my physical GC?
Also I have done my FP on 31 July, 2007. Do I have to get a new FP done?
Any suggestion or feedback on my queries will be highly appreciated.
Thanks,
Rana
Enjoy your freedom, you are greeeeeeeeeeeeeeeeennnnnnnnnn
Can you share your Priority Date, category/country of chargeability, Processing Center?
Hello friends - I got a email updated from CRIS today stating that my Notice is mailed welcoming the new permanent resident. The email states:
"On January 16, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What does this mean? When will I get my approval of my 485 and when will I receive my physical GC?
Also I have done my FP on 31 July, 2007. Do I have to get a new FP done?
Any suggestion or feedback on my queries will be highly appreciated.
Thanks,
Rana
more...
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fionaapple20
02-03 09:36 PM
Yes to all? Wow...EAD is definitely very handy especially in this recession time.
So what this indirectly means is that having a 140 approval + 485 filing (180 days +) and EAD/AP in hand = a virtual greencard (with paperwork inconveniences)? Unless the 485 gets denied for some reason (which is unlikely, unless there is fraud or some extenuating reason), this status is a virtual greencard...
What this also means is that there is no requirement to be 'continuously employed' - which is something that is required when a person in on H1. Gaps in employment do not pose any issues now...?
So what this indirectly means is that having a 140 approval + 485 filing (180 days +) and EAD/AP in hand = a virtual greencard (with paperwork inconveniences)? Unless the 485 gets denied for some reason (which is unlikely, unless there is fraud or some extenuating reason), this status is a virtual greencard...
What this also means is that there is no requirement to be 'continuously employed' - which is something that is required when a person in on H1. Gaps in employment do not pose any issues now...?
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saimrathi
07-06 02:36 PM
"Ghora agar ghas se dosti karega to kahe ga kya?"
(If the horse makes friends with the grass, then what will he eat?
Its a shame that even our lawyers want to milk us!!
(If the horse makes friends with the grass, then what will he eat?
Its a shame that even our lawyers want to milk us!!
more...
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sc3
05-30 07:10 PM
Hmm... before swinging bats... lets determine if the OP is without blame. From the looks of this, clearly it is a body-shop. Anyone who uses body shop in order to get GC (or even employment through H1) are just as culpable as the body-shop owners.
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GC_ASP
09-28 11:23 AM
I heard using AP invalidates the H1B. Are sure you can use your H1B even you enetr the country on AP.
Best thing is to maintain H visa. Keep EAD as your triump card. Incase your H gets withdrawn or you lose job and dont find something on H1. Have AP for travel so that you dont need a stamp. IF you use AP it wont impact your H1 also.
This is my plan:
Maintain H1b as long as poss.
Use AP for travel until you get your GC.
IF you have a good job oppourtunity which is only poss through EAD or during crisis when you lose your job and not getting any job without EAD use your EAD.
Best thing is to maintain H visa. Keep EAD as your triump card. Incase your H gets withdrawn or you lose job and dont find something on H1. Have AP for travel so that you dont need a stamp. IF you use AP it wont impact your H1 also.
This is my plan:
Maintain H1b as long as poss.
Use AP for travel until you get your GC.
IF you have a good job oppourtunity which is only poss through EAD or during crisis when you lose your job and not getting any job without EAD use your EAD.
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ssksubash
02-13 09:44 PM
HI,
With the recent arrests in vision soft and other companies, I am worried. I am a consultant . My employer is based out of Texas but right now I am working for a client in NJ. My W2 does not show any state tax. Should I be filing NJ state tax.
Can any one please advice.
Thank you for your time.
With the recent arrests in vision soft and other companies, I am worried. I am a consultant . My employer is based out of Texas but right now I am working for a client in NJ. My W2 does not show any state tax. Should I be filing NJ state tax.
Can any one please advice.
Thank you for your time.
ilwaiting
06-11 01:34 PM
I had it on my H1B approval notice too that was approved recently. This was a 3 year extension based on an approved 140
heywhat
09-23 10:39 AM
Due to horizontal spill over policy .. EB3 Row movement is also going to slow down.