GC_1000Watt
12-09 05:14 PM
I have applied for my first H1B extension in the month of July. Receievd an RFE on Client and current work location and was replied in the month of november.
on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Until when can I stay in the us?
Should my employer appeal the case and by when should he do that, is there premium processing for this?
How long does the appeal process take ?
Can I work while the case is appealed?
How many days can I stay in us after the case is appealed?
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
What are the chances of approvals in Premium processing in Current Market?
Can I start working once the receipt for the new h1b petition comes in?
If not, can I work once the h1 is approved or should I go to India and reenter to start working?
Can i transfer my approved I140 to a new employer ?
I will really appreciate your feedback on this.
Thanks in advance.
on Decebmer 7 USCICS website shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Until when can I stay in the us?
Should my employer appeal the case and by when should he do that, is there premium processing for this?
How long does the appeal process take ?
Can I work while the case is appealed?
How many days can I stay in us after the case is appealed?
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
What are the chances of approvals in Premium processing in Current Market?
Can I start working once the receipt for the new h1b petition comes in?
If not, can I work once the h1 is approved or should I go to India and reenter to start working?
Can i transfer my approved I140 to a new employer ?
I will really appreciate your feedback on this.
Thanks in advance.
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maxy
04-28 09:43 AM
this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?
lj_rr
07-23 10:38 PM
Is that what you did? I think there are better spots.
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jindhal
05-16 05:44 PM
I also called Sen. Menendez regarding the Murray amendment and talked to someone a lady.
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shukla77
07-23 10:22 AM
I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.
wangwei417
05-18 12:22 PM
Great works, guys. :o
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gapala
12-16 10:43 AM
Please provide more info.
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
I am kind of confused as to what you have said. Did your boss fired you or you yourself left the company? I do see both the statements in your post. Its indeed sad that these employers churn the employees
If you were fired, Do you have any emails / mail to support the claim that your boss has fired you from the job? If you have them, preserve and will be useful in case he takes you to court.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
What are the aligations? If he fired you from the job, thats the end. Am I missing something here? Is there more to the story? Do post the details so that we may try to understand the situation and provide any assistance we possibly can
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
What did you ask him which lead to this mess? 6 years is too long a period and a good part of life. I would have quit in few months in such situation :)
I need help.....please let me know what should i do....please people help me....
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
I am kind of confused as to what you have said. Did your boss fired you or you yourself left the company? I do see both the statements in your post. Its indeed sad that these employers churn the employees
If you were fired, Do you have any emails / mail to support the claim that your boss has fired you from the job? If you have them, preserve and will be useful in case he takes you to court.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
What are the aligations? If he fired you from the job, thats the end. Am I missing something here? Is there more to the story? Do post the details so that we may try to understand the situation and provide any assistance we possibly can
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
What did you ask him which lead to this mess? 6 years is too long a period and a good part of life. I would have quit in few months in such situation :)
I need help.....please let me know what should i do....please people help me....
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ash0210
11-21 10:29 AM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
more...
Marphad
03-27 08:47 AM
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
I entered on H1 not AP. Hope this is safe :).
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
I entered on H1 not AP. Hope this is safe :).
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kaisersose
11-30 03:40 PM
They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
more...
delhirocks
06-29 11:30 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota for I 140, the employer is just trying to save money.
There is no quota for I 140, the employer is just trying to save money.
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gccube
04-11 03:10 PM
How would I add my details to the tracker. When I click on the IV Tracker it lists the existing entries but I am not able to find an option to add my own details.
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soneC
06-15 09:04 AM
Hello. First of all, thank you for reading and feedback. I need some advice on my immigration issue.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
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lskreddy
06-10 11:37 PM
The worst hit 140's are EB3 (and that too mostly in NSC and some in TSC). Not a single NSC EB3-140 is coming at < 400 days.
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..
EB2 is coming still okay and EB1/EB2-NIW are pretty quick. So i dont see a good quantity of benefit by allowing Premium Processing only on a thin section of applications ?? It make a difference of few days, not even months.
Where they need to re-instate Premium 140 to give actual relief - they wont do anything.
I agree, it is extremely narrow. Not too many employers wait until the 60 days window and if you had H1 approved, you would not qualify. I do believe this may be just to test waters and they will broaden it further..
more...
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dipu76
06-01 05:53 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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sunny1000
01-02 04:59 PM
My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.
In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.
CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).
Below is the link for Advance Parole:
USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.
In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.
CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).
Below is the link for Advance Parole:
USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
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GCard_Dream
06-18 06:15 PM
Just so you know, EB3-ROW has the exact same issue as the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
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chanduv23
10-09 03:15 PM
Fromnaija and ChanduV-
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
U can definitely lead till then :), I may also be moving out of Tri State - nature of job is like that.
Lets find more people.
We need people to come out of their closets and start getting active
I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.
U can definitely lead till then :), I may also be moving out of Tri State - nature of job is like that.
Lets find more people.
We need people to come out of their closets and start getting active
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08-11 02:01 PM
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paulinasmith
08-05 12:54 PM
Hi guys, I am trying to understand this whole process and was wondering if you could help me out.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
Even if u are born in Europe the EB-3 priority date of India and Europe are equal/same. EB-3 no longer depend upon your place of Birth.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
Even if u are born in Europe the EB-3 priority date of India and Europe are equal/same. EB-3 no longer depend upon your place of Birth.
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