Euinox
05-20 01:10 PM
I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
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jcrajput
10-03 11:15 AM
I need to re-file my I-485 application which was rejected due to USCIS error (they could not find I-140).
Can anybody tell me what is the logic behind writing "DO NOT OPEN IN THE MAIL ROOM" on envelope while re-submitting I-485 appplication?
I will need to send to USCIS today. Please let me know ASAP.
Thanks a lot.
Can anybody tell me what is the logic behind writing "DO NOT OPEN IN THE MAIL ROOM" on envelope while re-submitting I-485 appplication?
I will need to send to USCIS today. Please let me know ASAP.
Thanks a lot.
sumanitha
08-01 12:53 PM
One of my friend is ready to apply for 485. He is all set.
The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.
Can he still submit his 485 for his wife?
Gurus, any help / suggestions is appreciated.
The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.
Can he still submit his 485 for his wife?
Gurus, any help / suggestions is appreciated.
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suny_saini
08-04 06:40 AM
my name was not interview with my family.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.
i submitted and now after 2 weaks got the follwing reply:
In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.
but i think and i am not sure if i am right or wrong that I824 can be filed after issuance of green card, but at that time my dad ddnt got green card.
SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?
i badly need help.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.
i submitted and now after 2 weaks got the follwing reply:
In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.
but i think and i am not sure if i am right or wrong that I824 can be filed after issuance of green card, but at that time my dad ddnt got green card.
SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?
i badly need help.
more...
english_august
08-21 12:01 AM
C'mon bloggers where are you? This is your moment to rise and shine, to prove that blogging can be as effective, if not more, than the conventional media.
We've got to have some passionate bloggers on this forum!!! Please PM me with your email id if you want to join the group of IV bloggers.
We've got to have some passionate bloggers on this forum!!! Please PM me with your email id if you want to join the group of IV bloggers.
reddysn
05-28 08:20 PM
Man I dont know what is the answer to ur question. But I feel very sorry for you and want to appreciate you for keeping your sanity intact till now. I would have joined a lunatic asylum by now if I am in ur position ... I have already started showing some signs just by waiting for my PD to become current.
Keep it up..
Keep it up..
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GotGC??
11-14 03:59 PM
Find in-line
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.
EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.
1. Is there a rule that the experience should have been gained outside of the US?
No
2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes
Thanks!
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.
EB2, officially known as "members of a profession holding advanced degree", requires a "Masters degree". USCIS views a BS+5 as equivalent to a masters degree for this purpose.
1. Is there a rule that the experience should have been gained outside of the US?
No
2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Yes
Thanks!
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reachinus
07-23 06:07 AM
my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
You should be ok if ur employer doesn't revoke ur 140 before 180 days. After that you r fine and can work with any employer of ur choice in the same field.
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
You should be ok if ur employer doesn't revoke ur 140 before 180 days. After that you r fine and can work with any employer of ur choice in the same field.
more...
needhelp!
02-05 02:02 PM
http://immigrationvoice.org/wiki/index.php/LUD
Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
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same_old_guy
07-10 01:20 PM
Yeah right !
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mudigondag
01-04 03:12 PM
I have filed 485 for all my family members and received the EAD and AP(s). FP is not done yet. My daughter is in 1st year undergrad. Is there a way my daughter's 485 status can be maintained, if I join my daughter for MBBS study in India? If yes, what would be the option. Apreciate the suggestion
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stebbinsd
01-18 07:51 PM
EDIT: Sorry, double post.
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optimist578
04-10 11:22 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
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Nil
04-12 07:31 PM
i did not receive any correspondence for my I140 as well as for my labor.
My company provided me with a copy of my approved I140 (scanned) but refused to share any info on the approved labor.
My company provided me with a copy of my approved I140 (scanned) but refused to share any info on the approved labor.
more...
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ricky26
08-28 12:37 AM
If your current H1 is already expired, it is better/safer to use AC21 and join company B.
else get hold of reputed lawyer and transfer H1 to comp B.
else get hold of reputed lawyer and transfer H1 to comp B.
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singhsa3
04-24 08:34 AM
What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
more...
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Waitng4GC
07-04 10:14 AM
I was in similar situation during 2006. I applied for H1 1 year extension based on PERM approval. My LC was just 1 month old . Then premium processed my I-140, once I had my I-140, I then premium processed my H1 extension based on approved I-140. Finally got 3 year extension.
Hope this helps.
Hope this helps.
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anu_t
09-30 06:06 PM
I think it is not possible.
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nik.patelc
08-11 07:22 PM
As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.
Please advise. Should i do AC21 now ? Or Should i do only on RFE?
Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?
Nik
Please advise. Should i do AC21 now ? Or Should i do only on RFE?
Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?
Nik
dallasanalog
03-22 04:27 PM
Hi,
Kindly reply in English, not assembly language.
Thanks
Kindly reply in English, not assembly language.
Thanks
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09-13 03:31 PM
I use 3d studio max.
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