amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
breddy2000
01-04 01:13 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
Hope this helps.
PM me if you need any further help..
GCard_Dream
04-06 01:38 PM
Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.
If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
ashutrip
06-04 11:19 AM
The one you are seeing is being replaced one section at a time..So I assume its incomplete.
when is the voting on this bill?
when is the voting on this bill?
more...
ItIsNotFunny
12-05 11:02 AM
I am already a citizen ..:) Just want to know more about PR in US.
Me too! Citizen of India.
Me too! Citizen of India.
indianabacklog
06-27 08:56 AM
If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.
more...
![wrong turn 2. [Deutsch] Wrong.Turn.2.](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_ta_LNhysCpkIr1sZgQ77qDiZdtUvjzOib6ZUZfbHmYuzKoTgqKbYxa0b4oPxFnsqPYnc3No9KheiBPVaA8JuYRi_JrS3bRxrkaN4PGHKvobL7w5jPNozYqrmPC=s0-d "[Deutsch] Wrong.Turn.2.")
JunRN
12-22 07:00 PM
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".
We are in democratic country. Why not ask them first? Give them due process.
Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".
prom2
11-05 12:32 PM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Mine was the same, I receive email on 11/04 and notice sent on 10/17.
Good luck.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Mine was the same, I receive email on 11/04 and notice sent on 10/17.
Good luck.
more...
mukeshjaiswal
11-07 10:51 AM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
MArch172008
05-24 03:02 AM
How much time it is taking for I140 processing ?
Is there any hope in near future for priority dates to be current?
regards
Is there any hope in near future for priority dates to be current?
regards
more...
tabletpc
07-29 10:59 PM
If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.
Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.
If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.
Yes if it gets rejected...u need to take an appointment in india and return to US.
Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.
If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.
Yes if it gets rejected...u need to take an appointment in india and return to US.
mjadala
08-20 09:11 PM
I support this
more...
ashkam
12-03 04:12 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.
Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.
yabadaba
06-18 12:46 PM
factory man:
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.
more...
desi3933
06-25 04:33 PM
>> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.
Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.
If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.
>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.
I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.
Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.
If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.
>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.
I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
anilsal
11-09 09:17 AM
Why don't you do I140 via premium processing?
more...
kaizersoze
07-17 06:24 PM
I pledge to contribute $200 once I get the receipt notice
C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?
You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D
C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?
You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D
singhsa3
10-21 06:42 PM
All,
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
kevinkris
07-31 04:50 PM
Why do you need to go to Canada ? If your you have I797 you are approved and can start working with adjustment of status. Am I missing something ?
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
Hi, I am planning to goto india and i don't want to visit US Embassy in Chennai as i am working for a small consulting company. They will ask so many things.
I hope canada will be smooth.
My question is if US embassy in Canada don't want to extend my H1 will they cancel my current H1? Can i re-enter USA?
ArkBird
07-29 05:23 PM
Are you looking for specific language? How was similar defined from your attorney?
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development
Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development
Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:
SYSTEMS ANALYST
JOB DESCRIPTION:
Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.
JOB REQUIREMENTS:
1. Bachelor's degree in Computer Science.
2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.
The new job is: Director of Software Development
� Execute the company�s technology architecture and strategy.
� Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
� Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
� Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
� Support the division�s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
� Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
� Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
� Travel approximately 25% of the time to both in-country and international destinations.
� Perform other duties as assigned by the VP of Software Development
Here is my job description and I just used AC-21 and now I am working as Sr. Director - SW Development
Design, develops, modifies, debugs and evaluates programs for use in internal and external systems within functional areas, including but not limited to finance, human resources, manufacturing and marketing. Develop and maintain positive business relationship with internal clients. Analyzes existing programs or formulates logic for new systems, devises logic procedures, prepares flowcharting, performs coding and tests/debugs programs. Perform complex technical system application. Develops conversion and system implementation plans. Prepares and obtains approval of system and programming documentation. Recommends changes in development, maintenance and system standards. Coordinate, Supervise and Lead personnel on integrated projects. Continuously strives to identify and improve business strategies and solutions. Train users in conversion and implementation of system
snathan
06-05 02:08 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
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