reddymjm
02-02 04:46 PM
You should be fine as the primary is already approved.
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maalelsi
10-14 09:18 AM
I need help.My EAD has finally been approved and so has my I-140. I am now working for the petioning company but the pay checks are made out by a payroll company hired by petioning company to manage their staffs paychecks but their is no mention of the pertioning company on the paycheck I receive.. Can this be a problem if I should receive a RFE in the future for the still pending I-485 or eventually when I apply for citizenship?:confused:
makemygc
07-02 08:56 AM
I guess he went to bed on Thursday and woke up today.
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Blog Feeds
01-28 08:30 AM
WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
more...
BharatPremi
05-11 10:21 PM
This is standard message when USCIS receives an RFE response. I had the same message when USCIS received my I140 rfe response.
This is in regards to 485-RFE response. Though text remains similar, meaning could have been different.
This is in regards to 485-RFE response. Though text remains similar, meaning could have been different.
ajp5
08-05 04:50 PM
There is just one thing you can do......pray........however gods immigration dept is as slow as USCIS............IV community will attest to that:)
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
more...
validIV
02-04 12:57 PM
Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.
The worst thing that I can think of is changing status to F-1 is denied.
The worst thing that I can think of is changing status to F-1 is denied.
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mantagon
11-25 11:19 AM
Hi,
1)How long is the duration for University H1?Is it also 3+3 years like regular industry H1?
2)Can we do part time Phd on university H1 working with university?
3)Is there any extension after 6 yrs for university H1?
4)Can one apply for Greencard on this University H1?
5) If we have to change from University H1 to Industry H1,is that also through normal regular H1 cap lottery method of selection?
Thanks for your help!!
1) Yes, it is.
2) Yes, you can!
3) Yes, there is, provided your Green Card application is pending for more than a year.
4) Yes
5) Yes
1)How long is the duration for University H1?Is it also 3+3 years like regular industry H1?
2)Can we do part time Phd on university H1 working with university?
3)Is there any extension after 6 yrs for university H1?
4)Can one apply for Greencard on this University H1?
5) If we have to change from University H1 to Industry H1,is that also through normal regular H1 cap lottery method of selection?
Thanks for your help!!
1) Yes, it is.
2) Yes, you can!
3) Yes, there is, provided your Green Card application is pending for more than a year.
4) Yes
5) Yes
more...
Beasle
07-11 07:28 PM
My PERM (EB2) was filed mid January 2008, less than 365 days before my second term H1B will expire in October 1, 2008. The case was audited in March and we responded in April 2008 to the Atlanta Processing Center. Since then, no news.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
From what I understand from my lawyer, there will be a time gap when I will be without H1B status between October 1, 2008 and mid January 2009, when I will be eligible for an automatic H1B extension due to the PERM pending for more than 365 days. This time gap comes to a total of about 110 days.
My lawyer suggests spending these 110 days out of the country before October 1st, so they can be filed as a �time recap� and added to my H1B October expiration date. As a result, this would get me to mid January 2009 for the H1B visa extension, so I can stay continuously in the US.
As of now, I already accumulated about 60 days � all from vacation during the 6 years on H1B. If I applied this for time recap, it would get me through December 1, 2008. If I can avoid it, I would rather not spend the remaining 50 days abroad before my H1B visa expiration.
Questions:
Recap eligibility
- Does paid vacation count as time out of the country for recap filing and added to the H1B expiration date?
- Do travel dates also count or only full days abroad?
Recap filing
- If the recap filing of 60 vacation days get me to December, can I still go in and out of the country between October and December -- even though my H1B officially ended in October?
- Can I do a recap filing several times for time periods that I might stay out of the country between October and December, so eventually it would get me to mid January, the date when the H1B extension can be filed?
Filing after PERM approval
- What are the next filing steps if I get my LC approved before / after October or December?
My lawyer, hired by my employer, keeps me in the dark. Is my information correct? Are there any work-arounds?
I need to stay in the country, regardless of the filing fees or other costs. Which other filings are required and when, so I can stay continuously in the country?
Thanks for any tips and advice.
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digital2k
08-04 01:03 AM
*
more...
number30
07-26 04:47 PM
Hello Friends
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
MurthyDotCom : TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases (http://murthy.com/news/n_erriss.html)
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
MurthyDotCom : TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases (http://murthy.com/news/n_erriss.html)
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arihant
09-13 11:53 AM
Looks like EB2 India took a backward step. Not sure of the other categories as I am more interested in this category.
more...
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gcformeornot
09-25 04:30 PM
RFE....hard to say untill you receive physical RFE.
I think this is your post too... Wow that was fast action form USCIS....
http://immigrationvoice.org/forum/forum105-immigrant-visa/628536-can-employer-revoke-i-140-a.html#post967493
I think this is your post too... Wow that was fast action form USCIS....
http://immigrationvoice.org/forum/forum105-immigrant-visa/628536-can-employer-revoke-i-140-a.html#post967493
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desi3933
07-13 07:43 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
more...
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number30
11-06 01:55 AM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
What will they ask me in port of entry?
Thanks
You will show your stamping from old Company and H1 approval from the new company. POE will issue you a I-94 with expiry date from the New company H1 approval.
But if you are travelling with spouse on the H4 he/she will get I-94 according to his/her passport stamping. So may have renew earlier then you.
What will they ask me in port of entry?
Thanks
You will show your stamping from old Company and H1 approval from the new company. POE will issue you a I-94 with expiry date from the New company H1 approval.
But if you are travelling with spouse on the H4 he/she will get I-94 according to his/her passport stamping. So may have renew earlier then you.
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gc28262
01-28 08:44 AM
What would be fee for the old folks who filed I-485 in June?
Use the new fee for EAD as June filers did not pay the new USCIS fee for 485 filing.
Use the new fee for EAD as June filers did not pay the new USCIS fee for 485 filing.
more...
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pani_6
09-15 08:11 PM
I was working on H1B from Sep 2002 till Jan 2006 and then converted to H4 based on my husband's H1B. No green card was started for my H1B. My husbnad's GC is in progress, but not even the labor is cleared as of now. I have been in the US on H visa (either H4 or H1B) starting from April 27'2002. Hence when my H1B (the second extension after 3 yrs) came back in 2005, it had an expiration date of April 26 2008 (allotting 6 yrs of H visa).
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
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roseball
04-07 03:34 PM
Iam on L2 and working on my EAD which is expiring on april 29 th 2011.
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.
Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.
Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)
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a1b2c3
08-21 11:51 AM
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Should we use this facility? Has anyone used it before? Inputs appreciated.
Should we use this facility? Has anyone used it before? Inputs appreciated.
InTheMoment
08-13 10:32 AM
Admin....how about closing this thread..please.
Lets create new thread for every application received by every different person and track each of them ....
Why can't we spend some time on DC rally and do something productive then tracking who received your application..
Lets create new thread for every application received by every different person and track each of them ....
Why can't we spend some time on DC rally and do something productive then tracking who received your application..
cr52401
03-02 09:29 PM
It really help if you are close to end of the time. I got it in 2 weeks.
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