meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
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freddawilia
05-15 01:55 PM
Thanks a lot for sharing the link. Really appreciate it a lot. :)
kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
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larmani
09-04 12:58 PM
Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!
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ArkBird
09-14 11:46 PM
Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
waiting4gc
06-29 01:59 PM
You must have used your OPT card to work for some company. Ask them to give it to you. They SHOULD have it in their records. If that doesnt work, try talking to the international students office of your school to find out if they have a copy and can send you one.
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
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conundrum
10-09 06:17 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
Couldn't have said it any better!!!:D:D:D
Couldn't have said it any better!!!:D:D:D
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hebron
10-11 06:56 PM
That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?
Yes, They will take you seriously. Just complain to DOL.
Yes, They will take you seriously. Just complain to DOL.
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check_name
07-24 07:35 PM
I'm a new comer... I would like to contribute if I could...but what's IV?
sorry that I was away the past weekend, thus the late reply
Hi,
Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.
sorry that I was away the past weekend, thus the late reply
Hi,
Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.
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willwin
08-11 10:36 AM
Here you go!
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enthu999
09-09 04:18 PM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Until you file for 485, you don't have immigration intent, I-140 is employer application.
So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.
Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.
Thanks
Theo
Until you file for 485, you don't have immigration intent, I-140 is employer application.
So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.
Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.
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naveenarjun
09-08 10:45 AM
Has anyone applied FAFSA or Stafford loan with Parolee status ? , I am planning to apply for my online degree. I have H1B ,but using AP to reenter.
I had applied for my wife when on parolee status.I guess you would have to been paroled for atleast a year before you can apply.
I had applied for my wife when on parolee status.I guess you would have to been paroled for atleast a year before you can apply.
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nviren
04-28 04:20 PM
Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
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statuslaw
01-31 12:03 PM
I got an email from DOS (TRTClearanceResponses@state.gov) as follows:
Dear XXX
We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:
o This request.
o The notice of suspension TRT/NIV-13(A) received at your interview.
o Your passport (must be valid for at least 6 months from today�s date).
o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).
o A self-addressed, prepaid Canada Express Post mailer.
o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.
o NO electronic items, food or liquids.
It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.
Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?
Thanks!
Dear XXX
We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:
o This request.
o The notice of suspension TRT/NIV-13(A) received at your interview.
o Your passport (must be valid for at least 6 months from today�s date).
o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).
o A self-addressed, prepaid Canada Express Post mailer.
o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.
o NO electronic items, food or liquids.
It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.
Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?
Thanks!
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rvurady14
04-13 02:24 PM
Congratulations!
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snaidu
02-12 01:29 PM
How do cases get assigned to NSC or Texas?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
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sin94
06-04 02:04 PM
Isn't this disputable by the Lawyers?
I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.
Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.
disturbing trend if true.
I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.
Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.
disturbing trend if true.
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deafTunes123
09-04 01:28 PM
My Lawyer sent a letter explaining to port from EB3 to EB2. He attached both the copies of the approved I-140s. btw. my new approved I-140 has the priority date of EB3. Lawyer request to port the PD from EB3 to EB2 at the time of I-140 application.
He also mentioned the A# no.s in the Cover Letter.
Also my Approved I-140 has the A# printed in the beneficiary column.
Hope this helps.
I am hoping that PD is ported successfully.
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
He also mentioned the A# no.s in the Cover Letter.
Also my Approved I-140 has the A# printed in the beneficiary column.
Hope this helps.
I am hoping that PD is ported successfully.
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
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h1techSlave
07-10 10:26 AM
I'm not from India, can I come ???
:confused:
Actually coming to India on a work visa is relatively easy. If you are serious, you could apply for a job in many Indian IT companies or BPO companies. I have read many news articles that Indian companies want to hire non-Indians, so that they can respond to many cultures effectively.
As far as living conditions and such. If you can manage in Chicago/NY/DC area, you would not find it difficult to manage in Bombay/Bangalore/Delhi. Actually violent crimes in India is much lower than that of many areas in the US. You can send your kid to school in India and expect him/her NOT to get shot in school.
Cheers,
h1techSlave
:confused:
Actually coming to India on a work visa is relatively easy. If you are serious, you could apply for a job in many Indian IT companies or BPO companies. I have read many news articles that Indian companies want to hire non-Indians, so that they can respond to many cultures effectively.
As far as living conditions and such. If you can manage in Chicago/NY/DC area, you would not find it difficult to manage in Bombay/Bangalore/Delhi. Actually violent crimes in India is much lower than that of many areas in the US. You can send your kid to school in India and expect him/her NOT to get shot in school.
Cheers,
h1techSlave
akilaakka
03-09 11:15 AM
Stuck no longer in the muck,
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
sent4dc
08-26 04:28 AM
Thanks for the insight guys!
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
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