reapit
08-08 02:55 AM
Hello,
I needed your advise whether i have a case to file an APPEAL to USCIS granting me 1 yr H1 extension (beyond 6th Yr) instead of 3 yr extension.?
Recently my 7th yr extension was approved for 1 year in Jul'09 with petition valid date till june'09 (date in the past) . At the time of filling the 7th yr extension, my I140 was not approved but during the processing of my h1 extension my I140 got approved and i had sent the approval copy along with an RFE i recieved in May'09.
Let me give my case background in details.
* LC applied in oct'07
* I-140 applied in May'08 after LC approval
* 6th yr on H1 ended in June 08
* had to return India since my LC < 1 yr and I-140 was not approved
* Employer based on an attorney's advise suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
� Mar09- applied 7th yr extension based on Approved LC (> 1 yr old ) and applied I-140
� Apr09- I-140 approved
� May09 � Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
� Jul09 � Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)
Appreciate your advise on the same.
Thanks,
Bikash
I needed your advise whether i have a case to file an APPEAL to USCIS granting me 1 yr H1 extension (beyond 6th Yr) instead of 3 yr extension.?
Recently my 7th yr extension was approved for 1 year in Jul'09 with petition valid date till june'09 (date in the past) . At the time of filling the 7th yr extension, my I140 was not approved but during the processing of my h1 extension my I140 got approved and i had sent the approval copy along with an RFE i recieved in May'09.
Let me give my case background in details.
* LC applied in oct'07
* I-140 applied in May'08 after LC approval
* 6th yr on H1 ended in June 08
* had to return India since my LC < 1 yr and I-140 was not approved
* Employer based on an attorney's advise suggested to apply my 7th yr extension from India once my LC is one yr old (i.e. Oct'08)
� Mar09- applied 7th yr extension based on Approved LC (> 1 yr old ) and applied I-140
� Apr09- I-140 approved
� May09 � Received RFE on H1 extension, replied along with a copy of Approved I-140 hoping to get 3 yrs extension
� Jul09 � Received approval on H1X extension for 1 year with petition valid till Jun'09 (1 yr extension)
Appreciate your advise on the same.
Thanks,
Bikash
wallpaper of Rabindranath Tagore#39;s
rkdnc9
08-20 02:46 PM
gcdreamer, sina,
thanks for the quick resp. this is my first H1 and so I don't have any stampings on my passport yet.
Thanks once again.
-rkdnc9
thanks for the quick resp. this is my first H1 and so I don't have any stampings on my passport yet.
Thanks once again.
-rkdnc9
Blog Feeds
02-07 08:30 AM
When it comes to the Visa Waiver program, clients often ask me, what happens when a Visa Waiver traveler who is in the U.S. visits a third, non-adjacent country, and then seeks to return to the U.S.? Do they receive a new 90-day period upon re-entering the United States? What if they go to Mexico or Canada or another adjacent country?
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
According to the CBP, An alien admitted into the United States under the Visa Waiver Program (VWP) who departs to visit a third country other than contiguous territory or an adjacent island and then returns to the United States to apply for admission as a temporary visitor for business or pleasure under the VWP, would receive a new 90-period of admission if he is found to be admissible.
If the same alien traveled only to foreign contiguous territory or an adjacent island, he would generally be readmitted for the balance of his original period of admission if found to be admissible. An alien is this situation may request to be admitted for a new 90-day period and be admitted for that new period if slbe is found to be admissible.
Please note that any VWP applicant for admission must establish his admissibility to the satisfaction of the inspecting CBP officers. An alien seeking a new 90-day period of admission under the VWP after departing the United States to "visit" a third country should expect to undergo greater scrutiny than most other VWP applicants. So this is possible but expect a tough time trying to get back in.
More... (http://www.visalawyerblog.com/2011/02/san_diego_immigration_lawyer_v_1.html)
2011 poet Rabindranath Tagore
Ann Ruben
06-30 07:29 PM
An H-1 would give you more flexibilty to change employers once you are here. However, the earliest that you could begin work here in H-1 status would be Oct. 1st of this year. With an L-1, you could presumably come right away. If an L-1A is possible, that could pave the way for a significantly easier and faster route to a green card.
Also, it is possible that in the not too distant future Congress could pass legislation to allow same sex spouses to confer derivative immigration benefits on each other. Check out the website: www.immigration equality.org
Also, it is possible that in the not too distant future Congress could pass legislation to allow same sex spouses to confer derivative immigration benefits on each other. Check out the website: www.immigration equality.org
more...
visacase
06-21 04:04 PM
file it immediately and start working for C. If there is an RFE, it'd take few months by that time you just send ur current pay stubs. INS is generally flexible for a month or so..act fast
Do you mean start working for company C or D coz I wanna work for company D?
Do you mean start working for company C or D coz I wanna work for company D?
gs77
08-17 10:24 PM
Hi,
I looked at different forums. But I could not locate a definite answer for my questions.
I have H1. My wife has H4. Both will expire in 11/2009. I don't have stamp
but she has stamp. We both used AP to enter into USA recently. We did not use our EAD.
Questions on EAD paper filing :
14) Manner of Last Entry into the U.S. ?
15) Current Immigration status ?
I believe that the answer to the question 14 should be PAROLEE or Advance Porole. How about question 15 ?
The immigration officer put 'Conditions: AOS DA' in our AP and new I-94 both. What will be the answer, AOS Pending or H1B/H4 ?
Please share your experience. Thanks in advance.
I looked at different forums. But I could not locate a definite answer for my questions.
I have H1. My wife has H4. Both will expire in 11/2009. I don't have stamp
but she has stamp. We both used AP to enter into USA recently. We did not use our EAD.
Questions on EAD paper filing :
14) Manner of Last Entry into the U.S. ?
15) Current Immigration status ?
I believe that the answer to the question 14 should be PAROLEE or Advance Porole. How about question 15 ?
The immigration officer put 'Conditions: AOS DA' in our AP and new I-94 both. What will be the answer, AOS Pending or H1B/H4 ?
Please share your experience. Thanks in advance.
more...
Spectrum381
03-26 09:07 AM
I got one more LUD for I-485
ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
2010 by Rabindranath Tagore it
bharmohan
01-14 02:46 PM
I got approved H1-B notice on 30th Dec 2008 from CSC. My previous expired H1-B date ends with 02/14/2009, but my current newly approved one starts with 02/26/2009. So there is a gap of 11 days between those. Currently I'm on job. Does it really means out-of-status?. Do I need to run February pay check with less hours and officially in vacation?.
Please advice me.
:confused:
Please advice me.
:confused:
more...
jthomas
04-17 12:07 AM
Can't avoid anything that future hold for you.
1. It would be good if the employer does not let USCIS know about your layoff.
2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
3. Hoping your employer does not revoke your I-140
4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.
1. It would be good if the employer does not let USCIS know about your layoff.
2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
3. Hoping your employer does not revoke your I-140
4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.
hair Rabindranath Tagore
aarora1979
01-26 03:01 PM
We all need to do that.. Specially when there are memo's and re-entry issues coming up left and right.
more...
samcam
09-16 11:28 AM
Do we get a notice to get biometrics done when you apply for EAD renewal?
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?
Thanks for the help guys..
hot by Rabindranath Tagore.
winguru
09-11 06:02 PM
Hi,
I have an approved I140 and a PD of Apr 08. I am planning to change company .
Some where in May I heard the news that end of this year USCIS is going to halt concurrent filing of I-140 and I485 and introduce an extra step called Pre-App for I485 and which can only be done after I140 approval.
1) what are the chances that this would happen?
2) What will happen if one switches company after 180 days of PreApp of 485.
can he/she invoke Ac21 ?
3) will Pre-App makes one eligible for EAD/Parole ?
Thanks
winguru
I have an approved I140 and a PD of Apr 08. I am planning to change company .
Some where in May I heard the news that end of this year USCIS is going to halt concurrent filing of I-140 and I485 and introduce an extra step called Pre-App for I485 and which can only be done after I140 approval.
1) what are the chances that this would happen?
2) What will happen if one switches company after 180 days of PreApp of 485.
can he/she invoke Ac21 ?
3) will Pre-App makes one eligible for EAD/Parole ?
Thanks
winguru
more...
house in th may Postmaster
veni001
05-11 05:39 PM
Gurus,
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
Whether it is LCA for H1 or PERM labor for GC it is location specific, unless one filed(or able to file) AC21 after July '07 fiasco, you need to have labor to a specific job to the specific location you will be working.
Either job or the location changes you need to start allover again, in some cases you can recapture (or port) your priority date.
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
Whether it is LCA for H1 or PERM labor for GC it is location specific, unless one filed(or able to file) AC21 after July '07 fiasco, you need to have labor to a specific job to the specific location you will be working.
Either job or the location changes you need to start allover again, in some cases you can recapture (or port) your priority date.
tattoo by Rabindranath Tagore
RandyK
11-08 11:51 AM
I am sure the IV Core is on it if there is a possibility....
more...
pictures by Rabindranath Tagore
![kabuliwala by rabindranath tagore. Watan - Kabuliwala [1961]](http://i2.ytimg.com/vi/lkBSm4utCAw/0.jpg "Watan - Kabuliwala [1961]")
wIeRdLiFe
11-05 06:30 PM
Hi Kate,
thanks for the reply. Do you know how long is taking these days for labor?
thanks for the reply. Do you know how long is taking these days for labor?
dresses by Rabindranath Tagore.
Dhundhun
07-16 02:36 AM
So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?
Yes the finger printing for EAD is type 2 and for I485 it is type 3. They are different.
Photos are different (this is an example)
.. in I485, nose ring was OK,
.. in EAD, nose ring to be removed
Finger Prints
.. in I485 all the fingers rolled seperately (10), the four fingers (2) - might be missing some more
.. in EAD, index, non rolled (1)
When fingerprinting was paper based, it used to repeat every 15 months as paper print fades away(life of paper based). With electronic image, 15 months might not be required
Yes the finger printing for EAD is type 2 and for I485 it is type 3. They are different.
Photos are different (this is an example)
.. in I485, nose ring was OK,
.. in EAD, nose ring to be removed
Finger Prints
.. in I485 all the fingers rolled seperately (10), the four fingers (2) - might be missing some more
.. in EAD, index, non rolled (1)
When fingerprinting was paper based, it used to repeat every 15 months as paper print fades away(life of paper based). With electronic image, 15 months might not be required
more...
makeup Postmaster Rabindranath Tagore
Ann Ruben
02-21 05:50 PM
You are absolutely correct. The original poster's information indicates that no I-485 is pending, so I wasn't thinking about the AP alternative.
girlfriend +by+rabindranath+tagore
cr52401
02-16 11:04 AM
I asked this before but no answer. Please help!!
I like to know your experience with Perm for job zone V and ad in paper.
Which one you think will go through easier without the audit.
Our company attorney says master+0 will work. But I am thinking to require some experience will get better chance. I have master with 2 years before joining this company.
Please advice. I appreciate it.
Thank you.
I like to know your experience with Perm for job zone V and ad in paper.
Which one you think will go through easier without the audit.
Our company attorney says master+0 will work. But I am thinking to require some experience will get better chance. I have master with 2 years before joining this company.
Please advice. I appreciate it.
Thank you.
hairstyles Postmaster Rabindranath Tagore
himu73
07-03 10:34 AM
If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
eurosickwitit
04-23 08:01 PM
I did change make some modifications just before i read your post. I changed the stroke and font to a larger one.
sertasheep
06-15 12:56 PM
Calling all New Jersey members to share their stories
Members must be willing to share their names and experiences
Please write to sertasheep at immigrationvoice.org (replace the at with @) if you are willing to, with the Subject line being "New Jersey members"
Deadline: Sunday 12 Noon Eastern Time, 17 June 2007
You may also reply to this thread.
Example formats:Keep it in the first person, somewhat on the lines of the following:
http://immigrationvoice.org/forum/showpost.php?p=49510&postcount=47, but keep it shorter
Story must have following angle:
HIGHLIGHT THE FOLLOWING:
How the GC Process is affecting
a) Promotion/Salary increases
b) Per-Country ceilings that impact your ability to progress and result in endless wait
c) Proposal in Senate Version of Bill that people who have filed I-140 after May 2007 will need to refile under untried, untested Merit based points system.
Members must be willing to share their names and experiences
Please write to sertasheep at immigrationvoice.org (replace the at with @) if you are willing to, with the Subject line being "New Jersey members"
Deadline: Sunday 12 Noon Eastern Time, 17 June 2007
You may also reply to this thread.
Example formats:Keep it in the first person, somewhat on the lines of the following:
http://immigrationvoice.org/forum/showpost.php?p=49510&postcount=47, but keep it shorter
Story must have following angle:
HIGHLIGHT THE FOLLOWING:
How the GC Process is affecting
a) Promotion/Salary increases
b) Per-Country ceilings that impact your ability to progress and result in endless wait
c) Proposal in Senate Version of Bill that people who have filed I-140 after May 2007 will need to refile under untried, untested Merit based points system.
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