mallikonnet
07-07 09:22 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
yes you can extend h1b with out any problems
yes you can extend h1b with out any problems
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Counterproductive
11-01 12:25 PM
Nothing at all.
Maverick_2008
04-15 08:12 AM
That's outrageous. I'm guessing it has been pending at the TSC. Did you call them? Could you please let us know what their response was?
Thanks and all the best.
Maverick_2008
I sent in my application on 6/29 and I am yet to hear from USCIS.
Thanks and all the best.
Maverick_2008
I sent in my application on 6/29 and I am yet to hear from USCIS.
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08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
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cheers2all
05-22 01:49 PM
Hi Smrryl,
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
Ann Ruben
05-15 04:54 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
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tcsonly
10-02 06:06 PM
If you have a copy of filled-up I-131, look at question 5 in part 3 in the 2nd page. That will tell you where the AP document will be sent.
Admins:
Please close this thread also.
Admins:
Please close this thread also.
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Lisap
09-11 12:21 PM
I received my EAD card a week before I received my fingerprint notice....
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EkAurAaya
07-29 10:45 AM
i emailed you some info!
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gc_kaavaali
06-10 01:57 PM
It is really great news...hip hip hooray!!! thanks IV..
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abhisam
08-18 03:39 PM
this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
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k_confused
08-16 07:57 PM
But it is too late now :(
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martinvisalaw
04-06 12:52 PM
Can any lawyer confirm this, please? Thanks so much!!!
It is unlikely that your husband will have a problem. As another poster said, he just needs to show that he is maintaining H-1B status. A very difficult CIS officer could take the view that he is not maintaining status if he is not being paid the prevailing wage. However, that is very unlikely. Underpaying an employee is an employer violation, not an employee violation.
It is unlikely that your husband will have a problem. As another poster said, he just needs to show that he is maintaining H-1B status. A very difficult CIS officer could take the view that he is not maintaining status if he is not being paid the prevailing wage. However, that is very unlikely. Underpaying an employee is an employer violation, not an employee violation.
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microsai
04-16 05:17 PM
Has anybody recently done their stamping in Canada?
I would like to check if I can go there for renewing my visa
I would like to check if I can go there for renewing my visa
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ravi98
06-25 11:24 AM
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
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kaisersose
03-18 12:50 PM
I think my employer is not willing to sponsor the process due to some reasons.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
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royu
07-23 04:44 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
girlfriend May 17, 2011 · Shia LaBouf
LegalIndianInUSA
08-02 11:18 PM
I think nobody is surprised by this.
There have been a lot of stories in the press about similar things, and everyone on the forum agrees and thats that.
Hence no replies.
There have been a lot of stories in the press about similar things, and everyone on the forum agrees and thats that.
Hence no replies.
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ztopia
03-30 09:09 PM
123,
Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.
As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?
Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.
As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?
Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
wandmaker
10-01 12:18 PM
I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
dealsboy
08-19 01:38 PM
Based on the knowledge I have.
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
They have to file a new H1B for you.
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
They have to file a new H1B for you.
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.
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