rahul2699
05-24 07:23 AM
Thanks a lot I learned a lot here.
if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.
if you've benefited from the forum, please think about participating IV efforts. This campaign is working hard towards bringing relief to the EB community so that we don't have to go through H-1B extension/transfer hassles.
wallpaper Group of people holding hands
krishnam70
05-06 11:52 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
aka
05-17 07:09 PM
Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
2011 People holding hands in a
bestin
05-15 10:20 PM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
more...
mena
11-18 06:02 PM
Hi Sheraz,
I still haven't received the documents yet will post once have received do let us know if you happen to get your's first.
PD: 11/22/2005 (ROW i.e. Pakistan) EB3
I140 : Approved June 2006
EAD : Received October 2007
485: Pending
Thanks
I still haven't received the documents yet will post once have received do let us know if you happen to get your's first.
PD: 11/22/2005 (ROW i.e. Pakistan) EB3
I140 : Approved June 2006
EAD : Received October 2007
485: Pending
Thanks
Coppertop
10-18 03:13 PM
Unless I am mistaken, the battle is over! (and if it isn't, it should be)
congradulations to Phat7 for winning the "best edited picture"!
congradulations to Phat7 for winning the "best edited picture"!
more...
n4nature
02-05 01:25 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
Thanks for this answer!!!
Thanks for this answer!!!
2010 People-Holding-Hands. Love
Cherry2006
06-27 01:11 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
more...
Pineapple
02-09 01:51 PM
That's a good one :)
..
PS: You know that Power = IV right? = )
..
PS: You know that Power = IV right? = )
hair business people holding hands
hetuweb
09-26 08:15 PM
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
congrats a lot and thanks for this useful info. for us.
enjoy:):):)
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
congrats a lot and thanks for this useful info. for us.
enjoy:):):)
more...
sixburgh
07-16 11:10 PM
I am not sure if my reply is correct.
But if the dates are current for you, can you just not reapply for 485 ?
But if the dates are current for you, can you just not reapply for 485 ?
hot two people holding hands
kittu1991
09-09 01:28 PM
I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?
The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.
The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.
more...
house stock photo : People holding
Green06
10-15 11:35 AM
DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.
tattoo How to Draw People Holding
validIV
03-17 12:34 PM
Both EAD and H1-B are fine. I am on EAD/AP whereas my wife is on H1-B. We dont have any issues and the banks will recognize both. We use JP Morgan Chase.
more...
pictures Stick People Holding Hands
xbohdpukc
09-21 02:18 PM
I think we need the limit to go or at least double. I think the best way to make the congress and also the american voters happy is to NOT increase the visa numbers or bring in SKILL bill but to increase the existing 7% limit. This way they will be happy as the same number of ppl are getting PR and we will be happy as the priority dates will move forward.
without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.
without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.
dresses This holding hands clip art as
PDOCT05
02-16 11:25 AM
Rajen,
Don't worry...I my self got RFE(For EVL),My wife got for Birth Certificate and for my son(I-693 missing section 3)...we got it for three diff reason.Just submit what ever they requested..and good luck.
Thx
Don't worry...I my self got RFE(For EVL),My wife got for Birth Certificate and for my son(I-693 missing section 3)...we got it for three diff reason.Just submit what ever they requested..and good luck.
Thx
more...
makeup People Holding Hands Vector
Cheran
04-08 02:16 PM
There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
girlfriend 3D People Holding Hands Around
rahul2699
05-19 11:32 AM
you need to spend 12 months outside of US to apply -- My understanding is that you have to wait 12 months before applying.
hairstyles people holding hands
cs.0
02-13 06:32 AM
hi.
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
aashishkapoor
04-30 04:11 PM
question releated to same issue :
both father and mother has to issue seprate birth affidavit ( I mean on different non-judicial paper affidavit ?
do you know any particular format for this ?
Thanks
both father and mother has to issue seprate birth affidavit ( I mean on different non-judicial paper affidavit ?
do you know any particular format for this ?
Thanks
vedicman
08-30 09:08 AM
My wife got hers from:
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.
Josef Silny & Associates | Foreign Credential Evaluations (http://www.jsilny.com/html/foreign.htm)
The school actually asked to use them.
Yes, same experience with us. The school had some evaluators and they are the only ones that are considered, so check with the university for the list first.
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