Canadian_Dream
09-19 07:26 PM
Can this question be taken for next conference call ? I have seen numerous people looking for answer to this question becasue the underlying law (AC21)pertaining to this issue is very vague. It has not been answered in any previous conference calls.
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What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
================================
============================
What is the relation between a 3 year H1B approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the I-140 peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ?
In summary:
Does the H1B extension based on approved I-140, once granted linked to I-140 in any way ?
If yes:
What happens to the H1B if I-140 is revoked ?
If No:
Any law/precends supporting the conclusion ?
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coolvigo
07-15 04:56 PM
Check this thread:
http://immigrationvoice.org/forum/showthread.php?t=20100
Also check this link where couple ppl spoke with their lawyers and they said we can apply for I-485 by attaching photocopy of old I-140 since we have and are applying for PD port.
http://www..com/discussion-forums/i485-1/114468227/
PS - I am also in same boat. I have not been able to talk to my lawyer yet since he is busy :rolleyes:
http://immigrationvoice.org/forum/showthread.php?t=20100
Also check this link where couple ppl spoke with their lawyers and they said we can apply for I-485 by attaching photocopy of old I-140 since we have and are applying for PD port.
http://www..com/discussion-forums/i485-1/114468227/
PS - I am also in same boat. I have not been able to talk to my lawyer yet since he is busy :rolleyes:
mpadapa
10-09 12:56 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
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ash27
04-02 09:55 PM
Thanks Ams. Do you see any issues using AC21 to move to companies like TekSystems? Also, do you have any information on some of the new provisions in the pipeline.
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WaldenPond
01-02 10:42 AM
Excellent idea logiclife.
immigrant2007
06-16 11:30 PM
Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
you will be fine dear friend. you will be able to use your 2005 PD.
how;s miami?
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Please don't start off with the jumping the queue argument. When I used the labor substitution, it was perfectly legal, and didn't even know what a priority date is :-)
Thanks.
you will be fine dear friend. you will be able to use your 2005 PD.
how;s miami?
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Ramba
10-30 05:56 PM
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
However, your I-94 mess up may affect 485 (very little chance), if they analyze the entry exit dates and last action rule with microscope. Technically, (as per LOR) you were out of status in 2006. Though you got further H1B approval from 2007 to 2008, you were out-of status as per LOR. But it can be overcome easily, if they issue a RFE in 485. This has to be explained properly. I do not think POE made a mistake. They issue I-94 based based only on the expiry of the visa stamp.
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a1b2c3
06-16 12:27 AM
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
I think so too. I think its good to ask the immigration officer why the visa is being denied.
I think its best your parents apply by themselves and leave your brothers out.
When they see so many family members travelling all together for an extended period of time, they smell something. They feel your entire family wants to be out of Indonesia and will apply for asylum.
Another thing to do is to ask for a short duration visa like a month or so. It might help.
And forget abt the elderly granddad. No one will buy all that. Make sure the reasons for coming back are rock solid.
Sorry to hear about this and wish you the best luck next time. Don't give up hope and ask your folks to schedule another appt without delay.
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katewill
08-24 01:20 PM
180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
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sheelalann
05-21 12:55 PM
we should sue wipro :-)
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villamonte6100
10-05 11:03 AM
Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.
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Life2Live
02-27 04:50 PM
I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.
We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.
Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....
We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.
Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....
more...
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Raju
05-16 10:37 AM
Hi,
Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.
Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?
I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.
Hoping for the best.
Higcoptimist
This also means that most of them are in line with the legal immigartion related text in the bill. Also, if CIR passes and if it has all or most of the EB based legal stuff that is already in it, then we should be OK.
Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.
Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?
I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.
Hoping for the best.
Higcoptimist
This also means that most of them are in line with the legal immigartion related text in the bill. Also, if CIR passes and if it has all or most of the EB based legal stuff that is already in it, then we should be OK.
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RanchCharm
07-17 08:47 PM
Hi Sivamayam,
Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.
I will keep checking this forum & others for similar questions & replies.
Thanks,
Nachi
Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.
I will keep checking this forum & others for similar questions & replies.
Thanks,
Nachi
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sdeshpan
06-24 06:18 PM
Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.
Don't get your hopes high.... just get your head down and work for them.
and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)
Don't get your hopes high.... just get your head down and work for them.
and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)
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kumarc123
11-06 03:44 PM
Thanks for your comment,
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div_bell_2003
02-18 08:20 PM
Great piece of info, dude ! :)
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
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reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
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mchhokar
05-15 03:23 PM
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
smuggymba
03-09 02:36 PM
I guess u need to have an approved labor in EB2 to even think about it. You can't port because you dont have an approved EB2 labor.
which moron gave a red for this post? What is wrong abt this post?
which moron gave a red for this post? What is wrong abt this post?
NolaIndian32
09-22 10:30 AM
I completely empathize with you - see my case details in signature :-(
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
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