bagha
07-11 11:01 AM
I'm in similar situation:
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?
Thanks in advance.
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?
Thanks in advance.
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div_bell_2003
03-24 07:42 PM
It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
kish006
10-30 08:56 AM
I am in the same boat. I USCIS called yesterday still not the in the system. They told to wait next week. Let see what will happen.
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h12gc
04-29 05:50 AM
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
my2cents
09-30 12:58 PM
If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?
if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.
if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik[/QUOTE]
if approved I-140 is revoked, then Ur I-140 is not portable.ur I-485 will be denied. at the best u can ask employer delay the revoke till 180 days are passed.
if pending I-140 is withdrawan then I-485 will be denied and at the best u can ask employer to continue I-140 until it is approved and then revoke if 180 days are passed.
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik[/QUOTE]
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sam_austin77
12-11 12:30 AM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
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India76
09-17 02:08 PM
one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.
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roseball
05-04 11:11 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:
"Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"
His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:
"Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"
His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.
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DSLStart
09-30 02:44 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
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mzdial
March 22nd, 2004, 12:28 AM
Yeah.. it was one of the loudest games I've been at.. Definately playoff noise levels. Too bad the outcome wasn't the way I wanted it.
Sorry.. no shots from the season ticket areas.. Someone probably would of said something when the big ole' white lens came out. :-)
-- Matt
Sorry.. no shots from the season ticket areas.. Someone probably would of said something when the big ole' white lens came out. :-)
-- Matt
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pappu
01-07 07:19 PM
http://immigrationvoice.org/
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
more...
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srarao
07-23 11:30 AM
Hi
Just to know who signed ur I-485 at NSC
Just to know who signed ur I-485 at NSC
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EkAurAaya
10-18 06:02 PM
And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.
For them
immigration = "amnesty"
:D
For them
immigration = "amnesty"
:D
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dealsnet
08-19 01:16 PM
US born citizens cannot deported. But naturalized citizen can be deported, if he obtained immigration (GC) by frudalent means (false documents, sham marriage, by cheating.. etc).
Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...
Citizens of US cannot be deported. That is the LAW... But if that guy had a Green Card or any other visa, then he can be deported...
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GreenMe
06-17 04:16 PM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
more...
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billbuff123
10-24 03:46 PM
Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,
Thanks,
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bluekayal
10-31 11:33 AM
Congratulations!!
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lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
rbharol
08-23 04:50 PM
Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
kzinjuwadia
05-14 11:38 AM
I made an infopass appt and found out that the case was approved couple of days ago. I hadn't setup the email notification.
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