eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
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sri2007
05-02 07:17 PM
Hi,
I�m in 4th year of H1b and I485 - 180 days completed. I�m looking for full time jobs and many of the companies are asking for EAD for full time jobs and some of my friends suggested use H1b instead of EAD. Pls help me in answering the below questions
1. What is the problem I will face if I use EAD instead of H1b?
2. Job titles are most of them are different like Senior Software Engineer, MSI Systems Integrators, Data engineer etc, where as my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though the some of responsibilities are similar.
3. Employer can revoke I140 even If I�m working with him and crossed 180 days of I485.
Please Advice.
I�m in 4th year of H1b and I485 - 180 days completed. I�m looking for full time jobs and many of the companies are asking for EAD for full time jobs and some of my friends suggested use H1b instead of EAD. Pls help me in answering the below questions
1. What is the problem I will face if I use EAD instead of H1b?
2. Job titles are most of them are different like Senior Software Engineer, MSI Systems Integrators, Data engineer etc, where as my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though the some of responsibilities are similar.
3. Employer can revoke I140 even If I�m working with him and crossed 180 days of I485.
Please Advice.
mchokshi
04-08 01:17 PM
see the attachment....or check the URL
http://www..com/visas/h1b/h1b-petition-amendment.html
http://www..com/visas/h1b/h1b-petition-amendment.html
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kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
more...
CRAZYMONK
03-17 02:18 PM
1. You can apply for transfer but there might be an RFE asking about your paystubs which you can't provide as you are not on H1 now.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.
wandmaker
11-25 07:15 PM
clarify21: You can not have two status (ead & h1b) at the same time. Either your are on H1B or EAD (Pending AOS). If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time. By doing this, H1B and EAD both are valid. The moment you use EAD, your H1B status is invalid. Have a talk with your attorney. Hope this helps.
more...
wandmaker
11-20 01:48 PM
DAZED: Once your H1B extension is approved, it will expire only on the date shown in I797. Your 485 rejection does not invalidate your H1. BTW, if you use your H1, your H1 is invalid but you will still be able to extend it as long as it has not expired.
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viper673
06-24 12:41 PM
Hello all,
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
more...
clear485
08-26 02:30 PM
Hi Guys,
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
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bugmenot
12-20 03:35 PM
http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521
...appreciate it
...appreciate it
more...
andhrawala
05-25 08:12 AM
I want to travel to India on Advanced Parole and faced with a dilemma whether to take the risk based on my situation.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
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desi3933
08-08 02:17 PM
Why don't you file a lawsuit? :)
Good one. :D
Good one. :D
more...
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akhilmahajan
09-13 07:33 AM
Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
100 lawmakers meetings, several lawmakers speaking at IV events, thousands will march: Immigration Voice has arranged for over 100 meetings with lawmakers to request reform of green card program. These meetings will be between IV members and lawmakers.
In addition to that, several lawmakers are scheduled to speak at rally and related events on 17th and 18th. Thousands of members will march in DC on 18th. This is a cannot-miss event. Bring your cameras and take pictures you can show the naysayers what they will miss.
what else you guys need to express yourself. This is the best platform you can even think off. Everything is being served to you, you just need to make full use of this oppurtunity. If you still think more should be done, please let us know.
Help us to help yourself
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
P.S: I can't go as I have a date with the court.
100 lawmakers meetings, several lawmakers speaking at IV events, thousands will march: Immigration Voice has arranged for over 100 meetings with lawmakers to request reform of green card program. These meetings will be between IV members and lawmakers.
In addition to that, several lawmakers are scheduled to speak at rally and related events on 17th and 18th. Thousands of members will march in DC on 18th. This is a cannot-miss event. Bring your cameras and take pictures you can show the naysayers what they will miss.
what else you guys need to express yourself. This is the best platform you can even think off. Everything is being served to you, you just need to make full use of this oppurtunity. If you still think more should be done, please let us know.
Help us to help yourself
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krishna_brc
02-02 04:49 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
more...
pictures Johnny Depp
LostInGCProcess
02-04 04:55 PM
Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
Hawaii and Alaska are states that are part of US and you are free to travel anywhere in the 50 states of US without the need to show Visa or travel Document. However its not the same with Mexico. Its a different country.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
Hawaii and Alaska are states that are part of US and you are free to travel anywhere in the 50 states of US without the need to show Visa or travel Document. However its not the same with Mexico. Its a different country.
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akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
more...
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vts31
10-20 02:51 PM
im going to try that. I can see the right render is a bit to the right more. oki :)
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njboy
03-13 10:21 AM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
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greenlight
08-27 08:54 PM
Here is the thread for people who filed AOS between July 17 and Aug. 17. You might find people in your situation.
http://immigrationvoice.org/forum/showthread.php?t=12765
I just got my receipt notice today.
Get involved with collective movement and the DC rally on Sept. 18. I can't attend, but am contributing $ toward someone else attending the rally.
http://immigrationvoice.org/forum/showthread.php?t=12765
I just got my receipt notice today.
Get involved with collective movement and the DC rally on Sept. 18. I can't attend, but am contributing $ toward someone else attending the rally.
dealguy007
05-12 06:29 PM
u can stay with A, no problem.
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
ameryki
01-07 04:17 PM
I don't think its the same plane that will take you all the way. If I am not mistaken AI has a code share flying in to Paris and then you switch planes. the only transit destinations that you don't change planes according me with Air India are Frankfurt and London.
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