mani2977
04-16 11:32 AM
Hello,
I 'm on H1-B visa already max out and got the extension for 7 th year based on perm pending.
Petition is going to expire in Sep 2011 and last week my perm got denied.
My employer is going to appeal for the perm and also going to apply H1B extension.
Also I got an offer from other employer waited long time for this exiting offer. Not sure what are my options now , is it possible to take the new opportunity or should I stick with my current employer to deal with this issue?
Looking for suggestions ASAP , thanks
I 'm on H1-B visa already max out and got the extension for 7 th year based on perm pending.
Petition is going to expire in Sep 2011 and last week my perm got denied.
My employer is going to appeal for the perm and also going to apply H1B extension.
Also I got an offer from other employer waited long time for this exiting offer. Not sure what are my options now , is it possible to take the new opportunity or should I stick with my current employer to deal with this issue?
Looking for suggestions ASAP , thanks
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GoneSouth
11-12 04:57 AM
Hi Folks,
Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).
My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.
Any help would be greatly appreciated !
- GS
Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).
My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.
Any help would be greatly appreciated !
- GS
f1togc
12-18 05:07 PM
are you ROW?
pls check the monthly US visa bulletin for priority dates info.
EB3 ROW 01MAY05
EB3 India 01OCT01
IHTH
pls check the monthly US visa bulletin for priority dates info.
EB3 ROW 01MAY05
EB3 India 01OCT01
IHTH
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Blog Feeds
04-01 12:10 PM
Nina Bernstein, one of the country's best immigration reporters, has a front page story in this morning's Times regarding 30 survivors of the January Haiti earthquake who were airlifted by Marines to the United States and are now sitting in detentions centers in Florida. According to the Times, these individuals were pulled from the rubble and were seeking food, safety or medical care at the airport in Port-au-Prince. When aftershocks struck, the Marines quickly evacuated people via military transports and did not bother with immigration processing. Because these individuals landed without visas, they were taken by DHS into custody and...
More... (http://blogs.ilw.com/gregsiskind/2010/04/ny-times-us-jailing-haitians-it-airlifted-to-the-us.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/ny-times-us-jailing-haitians-it-airlifted-to-the-us.html)
more...
Berkeleybee
04-13 10:47 PM
There has been a lot of confusion today about the so called "Frist new bill" -- it is just the Hagel-Martinez bill which was brought for a cloture vote before the Senate Easter recess. I have edited to title of the thread with the text of the bill to reflect this.
To read more and learn about IV's strategy read this post (http://immigrationvoice.org/forum/showpost.php?p=8832&postcount=41).
To read more and learn about IV's strategy read this post (http://immigrationvoice.org/forum/showpost.php?p=8832&postcount=41).
sunandoghosh
08-30 08:53 AM
thanks for confirmation...i got so so worried
more...
dohko
09-23 06:10 PM
HI
Should I do AOS or CP?
Which one would get me the green card faster?
Thanks
Should I do AOS or CP?
Which one would get me the green card faster?
Thanks
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vinoddas
02-06 09:20 PM
My friend has his I-485 filed and has got EAD/AP, but the priority date is so behind, that he has no chance of getting a green card before his marriage. So, as I understand he should be able to bring his wife on H4 (as long as he maintains H1). My question is: does he have to re-file for I-485 to include his wife and if so will the priority date remain the same as the first application?
more...
STAmisha
08-29 12:26 PM
My spouse is on H4 currently. Have applied for H1 in April 2007 and got the H1 aproved. So the new H1 starts on Oct 2007. However, we applied for 485 and got our EAD's (No recept number, No finger printing etc).
Can my spouse use EAD to start job? we dont want use that new H1 currently. What are the implications if we use EAD? Will the H1 (and my H1) be effected?
Can my spouse use EAD to start job? we dont want use that new H1 currently. What are the implications if we use EAD? Will the H1 (and my H1) be effected?
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esurfer
01-28 12:41 AM
I think it will be taken care automatically, ( since your A number on I 485 and new I 140 will be the same )
Thanks
So, you think i wouldn't have to file a new I-485? and USCIS will automatically look at my old I-485?
Thanks
Thanks
So, you think i wouldn't have to file a new I-485? and USCIS will automatically look at my old I-485?
Thanks
more...
Blog Feeds
10-29 12:20 PM
[Blogger's Note: Today's guest posting on immigration dysfunctionality offers a view on pop culture. The parenthetical "(REALLY!?!)" in the title -- inserted as an editorial comment by the blog's usual author -- suggests the smarmy skepticism of an Amy Poehler and Seth Meyers riff on Saturday Night Live. The Haloween-themed guest post is by Nici Kersey, my colleague at Seyfarth Shaw LLP and a rising star in the immigration-lawyer firmament.] For Halloween, I have decided to dress as Max from Where the Wild Things Are. I was not able to locate a Max costume at any of the traditional Halloween...
More... (http://blogs.ilw.com/angelopaparelli/2009/10/my-entry.html)
More... (http://blogs.ilw.com/angelopaparelli/2009/10/my-entry.html)
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GreenMe
06-15 04:09 PM
Hello All,
I am starting my employment based GC process. My employer is going to file for my labour certificate (LC) thru PERM soon.
However, I want to know what happens if you Labour Application is not approved by USCIS?
like - Can you then apply for Labour thru another employer? or start ur Green Card process thru another employer.
- Can you get H1 extension after 6 year period is complete?
Kindly advice.
Regards,
GreenMe
I am starting my employment based GC process. My employer is going to file for my labour certificate (LC) thru PERM soon.
However, I want to know what happens if you Labour Application is not approved by USCIS?
like - Can you then apply for Labour thru another employer? or start ur Green Card process thru another employer.
- Can you get H1 extension after 6 year period is complete?
Kindly advice.
Regards,
GreenMe
more...
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Saikrishna
11-27 08:09 AM
Please provide me ASAP.
Thanks.
Thanks.
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sagar_nyc
11-25 09:10 PM
try to look for dates in late night/ early morning , i think that time they open new slots and it gets fillled up quick
What do one have to do to get a visa appointment in one of the US embassy's in Canada?
I have been trying to get a visa appt for last 6 weeks and I just could not. Any ideas are welcome. Please advice.
What do one have to do to get a visa appointment in one of the US embassy's in Canada?
I have been trying to get a visa appt for last 6 weeks and I just could not. Any ideas are welcome. Please advice.
more...
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usha123
07-04 03:04 PM
Hi Guys,
I am masters student from USA. Last june i graduated masters and started my OPT. My OPT ends 2009 feb. In this April 2008, i have applied for H1 and just few weeks back i came to know that my H1b got approved. Its validity date will be from October 2008. I want to go to visa stamping in canada or mexico in july or august or september ie before october(h1b valid date) only. Is this possible.
Will i get any problems while returning back to USA from canada as my h1 validity date is from october. Is it possible that even if i get visa stamped, can i go to india in september like that as we are having some family function over there and planning in advance.It would be great if you can clarify my doubts.
Thanks in advance.
I am masters student from USA. Last june i graduated masters and started my OPT. My OPT ends 2009 feb. In this April 2008, i have applied for H1 and just few weeks back i came to know that my H1b got approved. Its validity date will be from October 2008. I want to go to visa stamping in canada or mexico in july or august or september ie before october(h1b valid date) only. Is this possible.
Will i get any problems while returning back to USA from canada as my h1 validity date is from october. Is it possible that even if i get visa stamped, can i go to india in september like that as we are having some family function over there and planning in advance.It would be great if you can clarify my doubts.
Thanks in advance.
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hebron
04-01 04:10 PM
Hi,
I have already filed my I-485 in Aug 2007. My employer is moving to a new office space in the same city. It is almost 2 miles from where I'm working now. Do I need to notify USCIS of this change? If so, how would I do it? Could anyone please suggest.
Thanks!
I have already filed my I-485 in Aug 2007. My employer is moving to a new office space in the same city. It is almost 2 miles from where I'm working now. Do I need to notify USCIS of this change? If so, how would I do it? Could anyone please suggest.
Thanks!
more...
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edaltsis
10-08 12:14 PM
My H1B expired when I renewed (last month) my EAD. I e-filed it and selected H1B "SPECIALITY OCCUPATION". I got my new EAD card in hand within 22days from the day I filed.
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vicks_don
09-20 01:56 PM
Your PD is not Current also there is no premium processing for EB2 yet. You can file I140 through your Lawyer.
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ravise
12-09 10:39 AM
my cousin traveled from chennai to nyc via brussels , used AP. No issues.
freedom_fighter
12-15 12:36 PM
Hello,
I'd like to know can a dependent (not the prime applicant) on a pending 485 status, avail unemployment insurance, especially the extended benefits which are being given by Federal govt. to the states.
This is the latest from USCIS :
http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf
it says, that unemployment compensation is not public charge.
Does it even apply to both standard unemployment insurance and the extended benefits.
thanks
I'd like to know can a dependent (not the prime applicant) on a pending 485 status, avail unemployment insurance, especially the extended benefits which are being given by Federal govt. to the states.
This is the latest from USCIS :
http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf
it says, that unemployment compensation is not public charge.
Does it even apply to both standard unemployment insurance and the extended benefits.
thanks
niacin-1234567
03-17 08:13 PM
I have got H1B after long long wait from L1B visa. I work for an MNC from the past 6 years. (5 yrs in usa and 1 yr in india). I came on L1B visa to Usa and applied for a green card EB3. My 140 is cleared in 2008 and 485 is pending(My employer says pending but not sure about that as he did not give me the reciept number). My job role is architect and leading a team of 14. But getting peanuts like 58k. I have lot of debts and clearing from 2 years and presently my credit history is recovering back to normal. Presently managing with debit cards...
Is it a good option to switch the company at this point of time. I am in 5th year of my stay in usa and have h1 till 2012. Can you guys suggest me if it is a good option to switch a job interms of green card / continous stay in usa...
Is it a good option to switch the company at this point of time. I am in 5th year of my stay in usa and have h1 till 2012. Can you guys suggest me if it is a good option to switch a job interms of green card / continous stay in usa...
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