GCnightmare
08-28 08:58 AM
thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.
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jjjun
10-02 02:26 PM
It is for pending 485. I do not have RFE now. Because i saw so many rfe issued by CIS. I left my previous company few month ago. The previous attorney can not represent me anymore. But he is willing to send me the rfe if he receive it. Do I still need to hire another attorney to represent me if there is rfe or i can do it by myself.
thansk.
thansk.
dan19
08-28 03:16 PM
Thanks!
PD: Sept 2002
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
PD: Sept 2002
I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?
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GCwaitforever
10-20 04:28 PM
Then what kind of visa that I have to hold between the beginning until I am ready to hire total of 10 and file my EB5.
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
Is there limited time frame? that I have to hire total of 10 let say within 2 years..
Thanks GCwaitforever
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
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logiclife
03-08 12:27 PM
I got 3 emails this morning. Need more volunteers to work on this...Please email me on jay@immigrationvoice.org,
I promise I wont spam your mailbox. Just want to send you a pdf document to get your started on helping with this. we want to broaden our base otherwise the same group of people will have to keep contributing repeatedly while thousands are unaware of immigration voice.
--logiclife.
I promise I wont spam your mailbox. Just want to send you a pdf document to get your started on helping with this. we want to broaden our base otherwise the same group of people will have to keep contributing repeatedly while thousands are unaware of immigration voice.
--logiclife.
arnab221
04-27 11:00 AM
Yeah ,
Look like closed door discussions are in full swing .The below articles say so .
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.
http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php
Look like closed door discussions are in full swing .The below articles say so .
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.
http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php
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myGC_0507
05-17 10:14 AM
My friend filed her H1B transfer at Vermont office in April and got her approval in May (one month).
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ita
11-08 03:16 PM
Address Change Online: 24x7 & Calling USCIS : Mon - Fri
Is it enough if I change the address online and confirm it with USICS.
Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?
Thank you.
Is it enough if I change the address online and confirm it with USICS.
Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?
Thank you.
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palemguy
09-16 02:13 PM
Hi palemguy,
Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?
Thank you.
I called to the regular USCIS customer service number 800-375-5283.
Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?
Thank you.
I called to the regular USCIS customer service number 800-375-5283.
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jsb
08-21 09:38 AM
still waiting
I am not far behind you.
I am not far behind you.
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anjs
11-20 02:18 PM
I think there is nothing called State chapter link.. we have to come together and form a group.
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
Sorry. i did not saw your post until now.
I am in Knoxville.
One or two members from different cities in Tennessee posting on this thread.
Is any group formed for Tennessee.
Thanks
Suresh
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
Sorry. i did not saw your post until now.
I am in Knoxville.
One or two members from different cities in Tennessee posting on this thread.
Is any group formed for Tennessee.
Thanks
Suresh
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roseball
02-15 10:51 AM
Recently, my friend was in a very similar situation. His 6th year was expiring Feb 22nd, 2007 and he had a I-797 approval based on an approved I-140 starting Feb 23rd, 2007 to Feb 22, 2010.
He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.
At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.
So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..
He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.
At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.
So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..
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Refugee_New
08-02 12:50 PM
I don't think a 1 year ead or 2 year ead is really affecting 485 applications.
USCIS will approve 2 yrs EAD only if the dates are not current and visa is not available for that particular case. in my case my pd is always current and visa is available.
USCIS will approve 2 yrs EAD only if the dates are not current and visa is not available for that particular case. in my case my pd is always current and visa is available.
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iwantmygreen
08-06 07:47 PM
08/04 LUD on your I485 should be for approval. What does the message read? I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
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reddymjm
06-13 05:43 AM
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
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vamsi_poondla
11-27 09:51 AM
Whoever invoked this please share your experiences, dos and donts.
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fromnaija
09-20 04:07 PM
WELCOME TO RETROGRESSION!!!!
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
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mallu
10-22 11:14 PM
.
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dwhuser
07-31 11:36 AM
Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)
gapala
02-09 09:54 AM
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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