smsthss
11-15 01:13 PM
I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.
So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?
What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.
If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?
What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.
If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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bharol
10-09 07:26 PM
Anyone?
Thanks
They are reloading. ;)
Thanks
They are reloading. ;)
andy_8214
09-15 08:00 PM
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
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palemguy
09-16 10:47 AM
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
more...
Nakano
05-13 05:12 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
pappu
08-23 03:25 PM
Pappu--> Thanks for being on top of everything. There is a slight difference between spaming and giving information in 2 different threads. Paskal already closed the other thread and I agreee with that. But this is not spaming my friend..... Spaming is putting useless information all over with no interest on that....
I guess you would understand what I am talking about..
Sure thanks. I should have said-- don't post duplicate posts. I take my remarks back.
I guess you would understand what I am talking about..
Sure thanks. I should have said-- don't post duplicate posts. I take my remarks back.
more...
spicy_guy
09-04 06:01 PM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
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pamposh
09-15 11:54 AM
Folks there are two threads on the forum that are targeting the similar objective.
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
This meeting is online and is for an hour.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action. Please RSVP
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
This meeting is online and is for an hour.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
more...
Googler
07-17 07:06 PM
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
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zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
more...
EndlessWait
06-29 10:53 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
YES ITS MANDATORY...now go jump off from whatever table ur sitting on.
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dallasdude
05-08 02:20 PM
It's well worth the risk now that EB2 is back to 2000. But talk to your attorney and see what he thinks is best for you and your family. I would go ahead and file for EB1 if I were you.
more...
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Becks
02-17 04:51 PM
It has been discussed many many times in IV and most of us have expert (!) knowledge about this I guess. Anyway go for AC21 with H1 Transfer if your new company can transfer H1. Otherwise go for EAD since you wont have any option.
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eldrick
07-31 03:46 PM
Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
Is there a way? Please help me please. Thank you
Is there a way? Please help me please. Thank you
more...
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Raj Iyer
09-23 03:58 PM
You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.
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GC4ALL
09-25 09:00 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
more...
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immilaw
09-14 02:23 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
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msp1976
05-19 04:24 PM
I want to start a new thread But donot know how to...
Core Team,
As you know there are a number of applications stuck in PBEC and DBEC.
These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..
This should light some fire under PBEC and DBEC...
Please do this to bring some relief for folks stuck in the BECs.....
Moderators please make this a separate thread.....
Core Team,
As you know there are a number of applications stuck in PBEC and DBEC.
These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..
This should light some fire under PBEC and DBEC...
Please do this to bring some relief for folks stuck in the BECs.....
Moderators please make this a separate thread.....
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zbd
07-18 08:47 PM
:rolleyes:
Guys,
I keep telling you.
Neither calculation nor politics works. All this masturbating (sorry for the word but i couldn't found any other word which fits better). FIFO is being applied. It means, we all gotta wait until they clear certain amount of case from Backlog centers. They release the numbers based on the released cases from BC.
Think that why S.1932 didn't work. Nobody willing to tell the truth but I'm.
Good luck. My stomach aches when I read this site or look at the cut-off dates.
We all slaves. Easy answer is "love or leave" but we already had life here and we didn't know what was waiting for us before coming here. How can I ruin my kids life, especially school life. How long more can I express the situation to my wife that she can not work here. WHY ? otherwise, I may take to job change risk! Ah ah! i got spazm again. Please Please stop this holly helly thing right a way.
It's enough that you already ruin our lifes!!!
:eek: GODs don't seem that they're willing to HELP us.:eek:
Guys,
I keep telling you.
Neither calculation nor politics works. All this masturbating (sorry for the word but i couldn't found any other word which fits better). FIFO is being applied. It means, we all gotta wait until they clear certain amount of case from Backlog centers. They release the numbers based on the released cases from BC.
Think that why S.1932 didn't work. Nobody willing to tell the truth but I'm.
Good luck. My stomach aches when I read this site or look at the cut-off dates.
We all slaves. Easy answer is "love or leave" but we already had life here and we didn't know what was waiting for us before coming here. How can I ruin my kids life, especially school life. How long more can I express the situation to my wife that she can not work here. WHY ? otherwise, I may take to job change risk! Ah ah! i got spazm again. Please Please stop this holly helly thing right a way.
It's enough that you already ruin our lifes!!!
:eek: GODs don't seem that they're willing to HELP us.:eek:
Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
wandmaker
12-07 12:33 AM
Moral of the story : take passport for FP, infopass, etc. all the time.
It will definitely help many of our fellow IV-ans.
It will definitely help many of our fellow IV-ans.
