mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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texcan
09-02 04:58 PM
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
vamsi_poondla
03-15 11:02 AM
What did your lawyer say about this? Now you have a delivery confirmation, did you lawyer suggest that USCIS consider the dates as of last year and process your resubmitted application. Certainly it is not your fault,,
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ImmiLosers
01-09 07:48 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
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shreekhand
02-07 09:25 AM
A huge chunk of Indians who come and file for asylum are fraud cases - citing ridiculous and manufactured cases of political/religious persecution! The article itself cites experts and analysts with their surprise. Somehow don't know why the people of the states mentioned in the article are so desperate ! Dynamic and risk taking, certainly they are, no doubt ... but looks like they don't see the limit... crossing levels of illegality and greed. Disgrace to the country!
scabal12
06-11 09:38 PM
I recently got laid off and the company I was working for stated that it will revoke my H1-B. However, the same company applied for GC 4 years ago and currently the I-485 approval is pending. I did not renew my EAD after it expired last year and just continued on H1-B. I only renewed my wife's EAD which will expire next year. So, can I apply for renewal of EAD now and stay legally in this country while the EAD is being processed.
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cdeneo
03-26 12:32 PM
Need advise - bumping this up...
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
Many of you must have filed for their AP - can you please share with me what is the best and the safest way to get my application to USCIS?
I was looking for some tracking to know the app got delivered and do it overnight so it gets there in a day.
Wasn't sure if UPS/fed-ex delivers to PO box addresses or should I just stick to USPS?
Also, whether some kind of delivery tracking can be done on PO box addresses?
Please advise folks... Thanks in advance for your help!
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singhsa3
08-19 05:34 PM
It takes courage to stand with fliers in your hand in the middle of a crowd, trying to hand out to people and in return get a look from them as if they are saying we are not buying whatever you are selling.
But three of our members had courage to face that looks and ignore the humiliation of being ignored by most people. These people are Raj , Murali and Kumar.
In spite of several people residing in tri state area , only four (including myself) volunteers showed up to distribute fliers at the India day parade. In the eyes of IV and all those who are living far enough to participate in our effort, these people are true heroes.
Interestingly, we met couple of people at the parade who claimed to be member of IV. What does being a member of IV means? Unless you actively participate, you are not a real member.
Anyways, the crowd at the parade was good and our team did best they could do and were able to distribute around 500 fliers. I fully agree that we could have done more and with more enthusiasm had our number were greater. But in spite of the odds, the spirits remained high.
I thank again to Raj , Murali and Kumar for sticking together for our cause. It is the people like you who will make the change happen.
May god bless you!
Thanks
Sanjeev
But three of our members had courage to face that looks and ignore the humiliation of being ignored by most people. These people are Raj , Murali and Kumar.
In spite of several people residing in tri state area , only four (including myself) volunteers showed up to distribute fliers at the India day parade. In the eyes of IV and all those who are living far enough to participate in our effort, these people are true heroes.
Interestingly, we met couple of people at the parade who claimed to be member of IV. What does being a member of IV means? Unless you actively participate, you are not a real member.
Anyways, the crowd at the parade was good and our team did best they could do and were able to distribute around 500 fliers. I fully agree that we could have done more and with more enthusiasm had our number were greater. But in spite of the odds, the spirits remained high.
I thank again to Raj , Murali and Kumar for sticking together for our cause. It is the people like you who will make the change happen.
May god bless you!
Thanks
Sanjeev
more...
rocky17105
07-27 11:28 PM
Hi All!
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
Appreciate if you have any suggestion for my case:
My case is regarding I-140 and I-485 being denied (Admin mistake at USCIS end) which were filed in July 2007 using substitution labor.
USCIS denied my 140 application by saying that they received my 140 application on 18th July 2007 and the last date was 16th July 2007. The receive date on my 140 notice is 16th July 2007 so it is clearly a mistake at USCIS end, not sure from where they got 18th July 2010.
My lawyer then filed the MTR/Appeal for 140 and USCIS sent the case to AAO. I am not sure even though the case was so strong why USCIS didn�t approve it in MTR and sent it for appeal. In I-290B form my lawyer selected the option of both MTR and Appeal. Lawyer also didn't file any appeal for 485, because as per him USCIS will automatically open I-485 once I-140 is opened or approved. So I-485 is still lying in denied state and hasn't been opened by USCIS.
I am looking for if there is any way I can reopen my I-485 so that i can renew my EAD which is about to expire in few months. I dont think USCIS will renew the EAD if 485 is in denied stage.
Also if my 485 is opened i can file 485/EAD for my wife too as my PD is current.
Or if there is any other option I can get my 485 opened instead of waiting for AAO for 2 years to process my case.
EB2 PD Date: Dec 2005.
I-140 denied: 10 Dec 2009
I-140 appealed: 05 Jan 2010
I-140 sent to AAO: Feb 25 2010
I-485 Denied: 31 Dec 2009
I-485 appeal: none
Appreciate your help and if you can point me in right direction.
Thanks,
Rocky
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vban2007
06-07 03:16 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
PLS LOOK AT THIS...
I M IN TH SAME BOAT CONFUSED...
http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf
Should I send the EAD renewal to NSC or CSC??
Please let me know.
PLS LOOK AT THIS...
I M IN TH SAME BOAT CONFUSED...
http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf
more...
superdude
07-18 12:13 AM
Let us give our leaders a break for now. Let us focus on filing the apps ASAP. IV core has been working on these issues for a long time. Let us knock one wicket at a time.
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
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CareerHit
10-14 11:02 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
more...
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vban2007
06-07 03:16 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
PLS LOOK AT THIS...
I M IN TH SAME BOAT CONFUSED...
http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf
Should I send the EAD renewal to NSC or CSC??
Please let me know.
PLS LOOK AT THIS...
I M IN TH SAME BOAT CONFUSED...
http://www.greatermiami.com/do_business/doing_business_internationally/immigration/forms/Guidefull.pdf
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thakkarbhav
09-03 12:49 PM
I did not receive my EAD card - It was approved on Aug 21st...Not sure what went wrong with USPS.
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siddar
06-30 11:05 AM
Irrepsective of whether the new H1 is approved / rejected, you can always work for the Employer A, if the H1 is still valid.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
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rbalaji5
02-20 07:29 PM
Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...
Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.
Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.
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vjkypally
07-18 09:59 AM
Just sent this to 10 of my friends, keep spreading the word
www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
recapture of visas wasted last few years
remove country based quota for employment based GC
and many more. Also remember it is non-profit and run by people like us stuck in this process.
Cheers and for confirmation check the article below from business week,
--------------------------------------------------------------------------------
http://businessweek.com/bwdaily/dnfl...eek+exclusives
www.immigrationvoice.org succesfully manages to revoke decision!!! Now its your turn to help them by contributing so that they can help you in future for action items like
recapture of visas wasted last few years
remove country based quota for employment based GC
and many more. Also remember it is non-profit and run by people like us stuck in this process.
Cheers and for confirmation check the article below from business week,
--------------------------------------------------------------------------------
http://businessweek.com/bwdaily/dnfl...eek+exclusives
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ebizash
04-05 01:52 PM
Did any one of you, who refinanced, owe more than the home's worth? For example, house is worth 200K but the current mortgage balance is $230K or something. I heard that the new Obama initiative will help these people refinance with FHA. Anyone knows if that is true?
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lermitthefrog
06-07 03:06 PM
TGG Team is a team that makes games. It stands for "that game guy", which is the nickname of the team leader. It has only started a few weeks ago. So far the team is just a forum, working on a story. I hope you will join the site later on.
Canadianindian
07-22 01:38 PM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
Would my transfer affect my 485 processing. If yes, is there a solution?
cchaitu
11-06 04:19 PM
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
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