saileshdude
09-30 10:20 PM
Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.
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San_Chez
03-10 03:26 PM
Hello all:
First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!
I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.
-Can I change my status to H4 until I get another job and then file for GC with new employer?
-What are current processing times for H4 if applied from within the US?
-Will I get subjected to H1 quota when changing back from H4 to H1?
-I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
-If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
-Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?
Any input is greatly appreciated.
Thanks!!
First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!
I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.
-Can I change my status to H4 until I get another job and then file for GC with new employer?
-What are current processing times for H4 if applied from within the US?
-Will I get subjected to H1 quota when changing back from H4 to H1?
-I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
-If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
-Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?
Any input is greatly appreciated.
Thanks!!
ragz4u
04-07 10:27 PM
Think again ! :)
We are extremely excited to announce that some other senators we were in touch with, have introduced amendments in favor of legal skilled immigrants. We will reveal details pretty soon.
Before anyone thinks about posting that the bill is dead, we have some news for you! It is not. There is too much noise right now and the undocumented folks doing rallies with 100K people at one time, this will not be pushed under the rug. Also, we have heard whispers in DC that the immigration bill will be taken up pretty soon after the recess :)
Thanks to all the folks who believe in us :) Together we will achieve what he have set to achieve ......
We are extremely excited to announce that some other senators we were in touch with, have introduced amendments in favor of legal skilled immigrants. We will reveal details pretty soon.
Before anyone thinks about posting that the bill is dead, we have some news for you! It is not. There is too much noise right now and the undocumented folks doing rallies with 100K people at one time, this will not be pushed under the rug. Also, we have heard whispers in DC that the immigration bill will be taken up pretty soon after the recess :)
Thanks to all the folks who believe in us :) Together we will achieve what he have set to achieve ......
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ss2005
05-19 11:41 AM
If your company pays for there own lawyer then go ahead and change it to new one. As the response from lawyers will be fast. And you can avoid big expenses if you retain earlier law firm. Keep in mind Lawyers charge for each and every thing they do.
I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)
Why I am reluctant to go with new guy is due to EVL content.
Old guy knows abt the case and prepare the letter accordingly.
My concern is...if I retain old guy... Is it legal to pay expenses from my pocket?
I did this and recently gave G28 for new lawyers. (But when my H1 was transfered new company lawyers goofed up the office address and I have not yet received I797 any how this is a different story. Planning to apply for a copy)
Why I am reluctant to go with new guy is due to EVL content.
Old guy knows abt the case and prepare the letter accordingly.
My concern is...if I retain old guy... Is it legal to pay expenses from my pocket?
more...
txh1b
02-26 10:57 PM
No, you cannot work.
anu_t
06-20 02:04 PM
Hi
My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.
But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?
Thanks
Please be careful. some days back some of my friends caught up with this substitute LC and lost money. Please be careful before investing any kind of money esp if it is for desi body shoppers. USCIS is taking strict major and many substitute LC are getting rejected. so be cautious
My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.
But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?
Thanks
Please be careful. some days back some of my friends caught up with this substitute LC and lost money. Please be careful before investing any kind of money esp if it is for desi body shoppers. USCIS is taking strict major and many substitute LC are getting rejected. so be cautious
more...
anilsal
12-10 11:32 AM
When: Wednesday: December 13, 2006 (8pm cst - 9pm cst)
Details:
Scheduled Conference Date: Wednesday, December 13, 2006
Scheduled Start Time: 8:00 PM Central Std Time
Scheduled End Time: 8:55 PM Central Std Time
Scheduled # of Participants: 50
Type of Conference: Web-Scheduled Standard
Dial-in Number: 1-641-297-5500 (Iowa)
Participant Access Code: 523434
Conference Controls:
# Q&A Mode (Participants are muted but may unmute themselves, Organizers are unmuted)
# Entry Chimes - Enabled
# Exit Chimes - Enabled
Agenda:
* Get to know each other.
* Update from IV Core Members.
* Action Plan.
Details:
Scheduled Conference Date: Wednesday, December 13, 2006
Scheduled Start Time: 8:00 PM Central Std Time
Scheduled End Time: 8:55 PM Central Std Time
Scheduled # of Participants: 50
Type of Conference: Web-Scheduled Standard
Dial-in Number: 1-641-297-5500 (Iowa)
Participant Access Code: 523434
Conference Controls:
# Q&A Mode (Participants are muted but may unmute themselves, Organizers are unmuted)
# Entry Chimes - Enabled
# Exit Chimes - Enabled
Agenda:
* Get to know each other.
* Update from IV Core Members.
* Action Plan.
2010 funny comebacks and insults.
coolpal
03-30 12:35 PM
You are good till the end of your original H1 regardless of the outcome of the extension... the catch is, you have to maintain H1 status.. meaning get paid, no benching etc.,
pal :)
pal :)
more...
parsu
02-02 08:27 PM
Should not be a problem. I used Cobra while I am on H1 and changed the Employer.
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polk881
01-26 10:58 AM
Hi. I just e-filed my I-539, status of change request from F-1 to H-4. I just found out that I chose "North Korea" for my citizenship, while it was supposed to be "South Korea". I chose "South Korea" for the passport issuance country.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
How can I fix this? Should I attach a letter explaining this, when sending the supporting documents? What else supporting documents should I submit, other than my husband(H-1)'s paystub, I-129 approval notice and our marriage certificate?
Thanks in advance.
more...
andycool
01-26 04:05 PM
My wife is on H4 and she is studying Masters and we already have EAD. She would like to do Internship and she still has 6 months to graduation and my question is
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern
Apreciate if someone can give feedback on this.
Thanks in advance,
Prakash
AS PER MY KNOWLEDGE HERE ARE MY ANSWERS ....;)
1) She can do internship with EAD there is no porblem and no time restriction .
2) Yes she can continue ...
3) As long as she has a valid EAD ..
1) Is there any time restrictions for people to do internship (with GC based EAD)
2) After graduation, can she still continue with her internship (using EAD ofcourse) ?
3) If Yes for question 2, then for how long after graduation she can be an intern
Apreciate if someone can give feedback on this.
Thanks in advance,
Prakash
AS PER MY KNOWLEDGE HERE ARE MY ANSWERS ....;)
1) She can do internship with EAD there is no porblem and no time restriction .
2) Yes she can continue ...
3) As long as she has a valid EAD ..
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glosrfc
11-10 06:47 PM
What is a food coma?
It's what you get when you see the bill for three people in a Thai restuarant.
It's what you get when you see the bill for three people in a Thai restuarant.
more...
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amindarshana
01-24 08:38 AM
I have some issues with my 140.. I have doubt it might get denied... so if my my husband (H4) starts working now on EAD, he will loose his h4 status... and later if 140 is denied , he will be out of status , he has to go back to india and get h4 stamped... I don't want to go through all this hassel..so just matter of couple of months.. will wait for 140 decision...and if it gets approved he will use EAD to work.
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yestogc
05-07 05:12 PM
No issues while entering at POE, but I-94 will be given only till H4 validity period.
more...
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wandmaker
11-01 01:56 PM
At the time of filing my application I just used one address.
Somehow I didn't know you could use Permanent address and current address.
You have used "one" address in I485, the same should be reflected in G325 - Consult with your lawyer.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
G325 is mandatory, if you or the lawyer has not sent to USCIS, you will get an RFE
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
File AR11 online with USCIS, plain and simple.
Somehow I didn't know you could use Permanent address and current address.
You have used "one" address in I485, the same should be reflected in G325 - Consult with your lawyer.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
G325 is mandatory, if you or the lawyer has not sent to USCIS, you will get an RFE
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
File AR11 online with USCIS, plain and simple.
dresses Funny Comebacks And Insults.
gcseeker2002
06-20 09:44 AM
Can I submit a new application for EAD renewal online when my paper based application is pending. Its been over 4 weeks and my check is not cashed and current EAD expires in 7 weeks.
Would it invalidate the first application ? The first application had a missing question that was rejected and I submitted it back about 4 weeks back, and no check encashed or response till now, so I was thinking if submitting an online application would help.
Would it invalidate the first application ? The first application had a missing question that was rejected and I submitted it back about 4 weeks back, and no check encashed or response till now, so I was thinking if submitting an online application would help.
more...
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GCmuddu_H1BVaddu
04-26 08:11 PM
Admins, didn't you consider closing this when you closed the other one talked crap about AP? And also drown Blog Feeds in red ;-)
Infact I like red, Sindoor. http://en.wikipedia.org/wiki/Sindoor
This is not really a revelation as visa fraud has been a problem for decades at US consulates around the world. But it reminds us that there are bad actors out there and US consular officials have a tough job in trying to make sure that deserving applicants get visas while they ferret out the fraudsters. The $500 anti-fraud fee that accompanies every H-1B petition is supposed to help provide the funding to properly investigate and root out fraud. It sounds like the system is working.
More... (http://blogs.ilw.com/gregsiskind/2011/04/wikileaks-cables-reveal-h-1b-fraud-uncovered-at-consulates.html)
Infact I like red, Sindoor. http://en.wikipedia.org/wiki/Sindoor
This is not really a revelation as visa fraud has been a problem for decades at US consulates around the world. But it reminds us that there are bad actors out there and US consular officials have a tough job in trying to make sure that deserving applicants get visas while they ferret out the fraudsters. The $500 anti-fraud fee that accompanies every H-1B petition is supposed to help provide the funding to properly investigate and root out fraud. It sounds like the system is working.
More... (http://blogs.ilw.com/gregsiskind/2011/04/wikileaks-cables-reveal-h-1b-fraud-uncovered-at-consulates.html)
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Prashanthi
02-11 04:20 PM
You are allowed to maintain your H-1 while travelling on Advance Parole, this is an exception to the general rule.
Cite as "AILA InfoNet Doc. No. 00051801 (posted May. 18, 2000)"
U.S. Department of Justice
Immigration and Naturalization Service
HQADJ 70/ 2.8.6, 2.8.12, 10.18
AD 00-03
May 16, 2000
MEMORANDUM FOR:
REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
DISTRICT DIRECTORS
OFFICERS IN CHARGE
ASYLUM DIRECTORS
PORT DIRECTORS
FROM:
MICHAEL D. CRONIN
ACTING ASSOCIATE COMMISSIONER
OFFICE OF PROGRAMS
SUBJECT: AFM Update: Revision of March 14, 2000 Dual Intent Memorandum
Cite as "AILA InfoNet Doc. No. 00051801 (posted May. 18, 2000)"
U.S. Department of Justice
Immigration and Naturalization Service
HQADJ 70/ 2.8.6, 2.8.12, 10.18
AD 00-03
May 16, 2000
MEMORANDUM FOR:
REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
DISTRICT DIRECTORS
OFFICERS IN CHARGE
ASYLUM DIRECTORS
PORT DIRECTORS
FROM:
MICHAEL D. CRONIN
ACTING ASSOCIATE COMMISSIONER
OFFICE OF PROGRAMS
SUBJECT: AFM Update: Revision of March 14, 2000 Dual Intent Memorandum
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anurakt
12-07 12:13 PM
Guys Please see the home page...IV NEEDS YOU FOR SOME HELP !!
onefineday
03-31 02:20 PM
Even I am in the same boat... planning on a 3 week vacation to get the 1 year extension. Can you please update the thread with your case results? Did you take the vacation, and could you recapture it?
Good luck!
Good luck!
spicy_guy
10-26 12:48 AM
I hope you know how to search for info in Google. Just search it and do your basic research and then you can come back and ask question.
Then the answers here would make a lot more sense.
Then the answers here would make a lot more sense.
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