Queen_of_Sheeba
05-07 01:05 AM
help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
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vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
manand24
10-25 03:23 PM
I think folks who applied in July are still waiting for AP approval. A few are still waiting for receipt notices. I would be surprised if August filers have received APs.
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vinzak
10-05 09:42 PM
So a question that's worth pondering. If I am on 485/EAD without H1b, does this mean I have the right to work but not the right to stay in the US?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
more...
roseball
09-01 05:30 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
You should tell them to file a H1 Change of Employer petition based on your approved I-140. Let them know they need to file a LCA requesting a 3 yr term and get the LCA approval and then file form I-129 requesting for a 3 yr H1.
thankgod
05-13 09:39 AM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
Green card application sis always for future employment.
Happily you can use your 140 and Priority date. No problem.Everything is under control.
Green card application sis always for future employment.
Happily you can use your 140 and Priority date. No problem.Everything is under control.
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sk.aggarwal
02-21 07:28 PM
Would recommend doing an appeal for perm. That will keep perm active while your H1 gets processed.
2010 Peace, Love, Dove. Peace
baires
09-02 08:40 PM
Good info. Much appreaciated
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pmat
07-14 02:36 PM
Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
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manchala
04-28 04:15 PM
reverse brain drain and now reverse musle drain too..
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nkappiah
07-19 10:56 PM
Thanks for replying. Just to clarify:
If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?
I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?
Thanks for all the replies.
If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?
I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?
Thanks for all the replies.
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grinch
05-10 08:21 AM
Great font choice, but it's to big ;)
I wouldn't reccomend making it smaller, because that font seems to look well large. I'd say search over www.dafont.com under the Script section for a simple caligraphy font :D
Good Luck!
I wouldn't reccomend making it smaller, because that font seems to look well large. I'd say search over www.dafont.com under the Script section for a simple caligraphy font :D
Good Luck!
more...
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sundar99
05-01 03:56 PM
http://www.cnn.com/2006/US/05/01/immigrant.day/index.html
4:00 ET
p.m. 1:00 PT
p.m. The Situation Room: Day without immigrants. We're covering the walkouts from coast to coast. Will they backfire?
6:00 p.m ET . 3:00 (PT)
p.m. Lou Dobbs Tonight: Thousands of immigrants walk off the job and demand amnesty. What it all means to you and your job.
7:00 (ET) p.m. 4:00 (PT)
p.m. The Situation Room: It's been three years since President Bush declared major combat operations were over in Iraq. So do Americans think it's "mission accomplished?"
8:00 (ET) p.m. 5:00 (PT)
p.m. Paula Zahn NOW: Brutality as entertainment? Why pranksters are getting away with going around slapping innocent people.
9:00 (ET) p.m. 6:00 (PT)
p.m. Larry King Live: The immigration debate heats up with protests and boycotts across the country. Lou Dobbs joins Larry to discuss the issue dividing America.
10:00 (ET) p.m. 7:00 (PT)
p.m. Anderson Cooper 360� : No work, school or shopping. Immigrants are set to take part in protests nationwide. We're live on the border.
4:00 ET
p.m. 1:00 PT
p.m. The Situation Room: Day without immigrants. We're covering the walkouts from coast to coast. Will they backfire?
6:00 p.m ET . 3:00 (PT)
p.m. Lou Dobbs Tonight: Thousands of immigrants walk off the job and demand amnesty. What it all means to you and your job.
7:00 (ET) p.m. 4:00 (PT)
p.m. The Situation Room: It's been three years since President Bush declared major combat operations were over in Iraq. So do Americans think it's "mission accomplished?"
8:00 (ET) p.m. 5:00 (PT)
p.m. Paula Zahn NOW: Brutality as entertainment? Why pranksters are getting away with going around slapping innocent people.
9:00 (ET) p.m. 6:00 (PT)
p.m. Larry King Live: The immigration debate heats up with protests and boycotts across the country. Lou Dobbs joins Larry to discuss the issue dividing America.
10:00 (ET) p.m. 7:00 (PT)
p.m. Anderson Cooper 360� : No work, school or shopping. Immigrants are set to take part in protests nationwide. We're live on the border.
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sk.aggarwal
02-21 07:28 PM
Would recommend doing an appeal for perm. That will keep perm active while your H1 gets processed.
more...
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kuyt
10-20 08:56 PM
Can a felony conviction by a sponsor affect the person being sponsored? If they get deported will it result in any punitive action against the person being sponsored? Is there a time limit where a sponsor can't affect the person being sponsored by committing a crime?
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saketh555
08-17 03:54 PM
You'll get it till expiry dt of your h1, they'll issue a new one with 'CY' under endirsements section meaning you are eligible to ride motorcycle.
My 2 cents - its better to wait until your h1 is renewed.
My 2 cents - its better to wait until your h1 is renewed.
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krustycat
01-09 04:50 PM
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
girlfriend Freedom Peace Love - Peace
smartboy75
08-04 07:37 PM
Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
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martinvisalaw
07-30 01:13 PM
What new regulations are you referring to?
RNGC
02-23 05:00 PM
Yep. I watched it too. Nothing about legal immigrants who came on visas. Gonzales says "We are not going to sacrifice security and quality for production". So, coming from the chief himself...that says it all. What we can derive from that is...the mentality of USCIS seems to be to prolong the process as much as possible thus raking in the moolah for USCIS and at the same time defend their actions by playing the "Quality" and "Security" ball game. Not sure if anybody can change their attitude towards legal immigrants.
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
Circus123
10-26 07:16 PM
Thanks!!!
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