manderson
03-04 10:47 AM
i think u will be covered under the new NC>180 policy so u can also send a demand letter through your lawyer after March 10, 08 (i am inferring this from updated FAQs for NC>180: pls see that FAQ for more info).
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
if u want to find out about NC status, call 18003755283. Press
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to 2nd Level IO
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updsoft
09-23 10:31 PM
thank you very much !
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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ckpas
10-01 12:39 PM
bump
Can anyone please comment ?
Can anyone please comment ?
more...
starving_dog
09-02 06:11 PM
Legalese for "We have no clue what is going on. Please bear with us for the next decade while we figure it out."
LondonTown
11-21 12:18 AM
Please do not go for stamping if it can be avoided, as embassies are very frequently giving form 221(g) for additional administrative processing which may take few weeks to several months.
more...
gc28262
03-09 08:47 PM
bump
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realizeit
06-10 12:46 PM
From Oh:
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!
http://www.immigration-law.com/
FROM DHS Secretary Chertoff
.... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.
Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.
This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
more...
pmat
01-19 03:18 PM
The date when LC is filed.
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roseball
11-12 01:34 AM
The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....
more...
T-O
04-17 06:51 PM
like the blurred japanese letter at the back
What does that letter mean? soundlike?
What does that letter mean? soundlike?
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tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
more...
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ramus
07-05 01:01 PM
Please guys.. Before creating new thread, please send 15 mins to find out if there is any thread you can use.. This is creating big confusion and members don't know which one they supposed to follow.
I am just asking to spend 15 mins and see if you find whatever you looking for.
No hard feeling please..
Thanks.
I am just asking to spend 15 mins and see if you find whatever you looking for.
No hard feeling please..
Thanks.
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mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
more...
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gk_2000
05-23 03:27 PM
Just more blah, blah, blah.. BTW who is Doraikumar? Is he from IV? He has been quoted here..
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paddy.
06-24 06:37 PM
Grinch got my my vote. His second volley with the light burst is fantastic looking. Nice work guys keep it up.
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ruchi555
03-02 01:40 AM
Hi Gurus,
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
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pd_recapturing
04-21 11:26 AM
I am also in same situation where my salary is much less than what is mentioned in LC. I am not sure if its going to affect my 485 application. I have got my 140 approved though. I have asked this question to attorneys and forums and everybody has the same opinion that GC is for future job so it should not matter if one's wages are not matching with LC.
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thakkarbhav
02-08 09:43 AM
Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
vactorboy29
11-30 02:04 PM
I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
I am also in same boat.Applied on 15 oct ,so far no receipt.
I am also in same boat.Applied on 15 oct ,so far no receipt.
st4rguitar
04-06 01:51 PM
Hello
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not receive the originals. They will go to the entity that filed your LC - if a lawyer filed for it, the original will go to the lawyer. If the employer filed for it, the original will go to the employer. You will have to sign one page of the original document (which the employer/lawyer should send to you) before filing your I-140. The employer does not legally have to provide you with a copy of the LC either.
Now, if your employer/lawyer have not received the original from the DOL, he/she can follow the instructions as stated on the PLC website to obtain a duplicate certification copy. Although from what you are saying, if it was approved in May of last year, it will have expired by now anyway.
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