Mount Soche
12-07 09:03 AM
Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
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sbdol
07-19 01:32 AM
Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
What do you think now? any suggestion.
I would think that you did not file at all.
If the PD was not current at the time of the first submission they should not even cash the check with the fee.
What do you think now? any suggestion.
I would think that you did not file at all.
If the PD was not current at the time of the first submission they should not even cash the check with the fee.
walking_dude
11-21 02:26 PM
Hope he finds a job soon. It's sad to see bad things happening to good people.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
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Leo07
05-20 05:06 PM
Bump^^^^^^^^^^^^^^^^^^^
how many in this forum are yet to file aos?
how many in this forum are yet to file aos?
more...
abhay
01-20 11:51 AM
Thanks So Much Ann, That gives me direction and what to request my employer when I talk to them later this afternoon.
I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks
I have one more question? When I spoke with USCIS and opened the inquiry in dec 2010. why did they come up with " RFE resposne not received till todate?" Do you think thye just checked the online status and responded back. My lawyer says that they spoke with someone at Texas service center and they told them that they have received the response. Thanks
sunny1000
07-11 02:36 AM
congrats and thanks to those grassroot IV members who came up with this campaign. Hats off to you all!!
A big Salute to The MAHATMA!
A big Salute to The MAHATMA!
more...
venkat80
08-09 01:14 PM
Uscis = I Sucs
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thomachan72
04-21 03:53 PM
Where is accountability of money.
How much have they got till now?
What will they do if they get more ?
Who is managing the money?
Sometimes you will be ridiculed when you care but care anyway.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.
Mother Theresa
I comend those who donated.
How much have they got till now?
What will they do if they get more ?
Who is managing the money?
Sometimes you will be ridiculed when you care but care anyway.
Sometimes you will be cheated when you try to help but help anyway.
After all ..... it was never between you and them.
Mother Theresa
I comend those who donated.
more...
sanju_dba
07-22 04:20 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
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desi3933
03-27 03:51 PM
Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. ...
May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.
________________
Not a legal advice.
May I ask, where did you get this (incorrect) info from? Do you know that one can file only I-485 that is linked to I-130 as well as I-140. Read I-485 form.
________________
Not a legal advice.
more...
yestogc
05-05 04:24 PM
yes 100% true, more salary is no concern. Designation and job roles is the key.
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
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indi0818
03-07 12:25 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
Thanks in advance guys.
more...
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pappu
01-25 04:03 PM
I do not see this issue on my IE.
Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.
Thanks for the help
Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.
Thanks for the help
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gc4me
05-31 08:18 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.
more...
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ch102
11-20 12:09 PM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
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sonu9
07-30 12:45 PM
hi thank you . yes we can, receiving letters from "x" address is not at all problem then is it fine to put X adress ? no problem right ? thank you once again.
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amsgc
06-20 12:57 AM
my knowledge is also limited...
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
but from my J1 days this is what i understood:
J1 is NOT a dual intent visa.
All J1 have some requirements to fulfill before applying for GC
For physicians it is a 2 yr Home requirement OR underserved area practice
For researchers etc a No objection is needed from the home country for a waiver
Therefore you cannot file for adjustment of status while still on a J1 unless you have the relevant waiver. It will certainly be rejected.
Physicians who get a waiver move to an H1 during their 3 year practice requirement. The NIW is a special case here, 485 filing is permitted but no approval till 5 years are over.
hope that's helpful.
That helps, Paskal. Thank you for sharing your thoughts.
Regards
Ams
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vegasbaby
02-25 01:27 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Yes you can! Did it myself. There is nothing as an H-1B transfer. Does it say anywhere your H-1B xfer has been approved on your H-1B receipt?? Its always a new H-1B. Only benefit you get is, you will be exempt from the quota forever.
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Yes you can! Did it myself. There is nothing as an H-1B transfer. Does it say anywhere your H-1B xfer has been approved on your H-1B receipt?? Its always a new H-1B. Only benefit you get is, you will be exempt from the quota forever.
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chintals
11-05 06:29 PM
No FP yet!
sanju_dba
06-21 05:09 PM
Use your DigiCam
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
Ishay
03-30 02:46 PM
My relatives, will be visiting from India. I cannot find anywhere what supported documents are required alongwith DS-160 during the time of interview.
Can someone tell me if this old list of supported documents still holds for the new format for visitor visa.
USA Visitor Visa - Sponsor Documents (http://www..com/visas/visitor/sponsordocs.html)
Thanks
Can someone tell me if this old list of supported documents still holds for the new format for visitor visa.
USA Visitor Visa - Sponsor Documents (http://www..com/visas/visitor/sponsordocs.html)
Thanks
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