zephyrr
03-20 11:56 PM
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
wallpaper irthday wishes for rother
ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
srkumar_2k
07-26 09:31 AM
The Link is not working.
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
Actually I am going to apply EAD for future purpose. In near future i am not going to change my current employer. If i continue to work with same employer after getting EAD, Will i be on H1B or EAD status?
2011 2011 Birthday Wishes To A Special irthday wishes brother.
HereIComeGC
12-12 03:52 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.
more...
hebron
04-17 07:04 PM
Hi Guys,
Any suggestions for my post above? It will be really helpful.
Thanks in advance!!
Any suggestions for my post above? It will be really helpful.
Thanks in advance!!
teddy the dog
07-21 11:58 AM
I heard gossip that the USCIS agentssss (4 s because a lot of agentssss) specially delivered the GC document to his house. That is why our receipt and backlog still not clear (they too busy).;) But don't worry they know IV will protest this discrimination, so they will work really hard to help us too.:D
more...
Canadianindian
07-08 09:55 PM
5 star from me too :D
Best of luck.
Best of luck.
2010 Happy Birthday Brother.
bluekayal
08-20 02:24 PM
I've tried several times recently to check my status at TSC. Each time I get the same reply, " We do not do status checks any more. Please contact National Customer Service, and do a referral and open a Service Request."
I'd love to know how others are tackling this new obstacle!
I'd love to know how others are tackling this new obstacle!
more...
arnet
08-23 06:41 PM
have always EAD/AP as your backup even if you have H1 visa (especially when you didnt have stamping or visa expires soon or if you have job uncertainity), it is safe as others suggested.....incase if you need EAD/AP for any emergency, you cant get these easily, it takes atleast 1-3 months for approval based on your processing center, so better apply atleast now...if you are working in EAD then it is better to apply for renewal before 4 months of expiry of current EAD/AP.
hair Happy Birthday Wishes for
srinivas_o
01-08 10:16 AM
Hello Gurus,
I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.
Thanks.
Srinivas
I am planning to travel to India in March. I am not with my GC sponsored employer and joined a new employer on EAD. I have an approved Advance Parole and so my wife.
My question is, what are the documents we need to carry in this situation? As per my knowledge, copy of I-485 receipts, approved AP documents and EAD. Do we need to carry any other
documents like letter from my present employer, pay stubs, W2s etc???? Please let me know.
Thanks.
Srinivas
more...
pappu
12-24 09:03 AM
Celebrating 2nd IV anniversary: IV action Item
Dear members,
IV will be completing a milestone in a couple of days. Let us use this opportunity to celebrate the fact that IV has been able to bring the community together and we have been able to get small successes till now.
Let us also celebrate this event by inviting as many new members we can and raise the membership of IV.
You can review IV achievements here:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Pls use these templates to send emails to your friends requesting them to join IV
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
http://immigrationvoice.org/index.php?option=com_content&task=view&id=58&Itemid=36
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
http://immigrationvoice.org/forum/showthread.php?t=16034&highlight=walking_dude
http://immigrationvoice.org/forum/showthread.php?t=15976&highlight=walking_dude
======================
If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
Dear members,
IV will be completing a milestone in a couple of days. Let us use this opportunity to celebrate the fact that IV has been able to bring the community together and we have been able to get small successes till now.
Let us also celebrate this event by inviting as many new members we can and raise the membership of IV.
You can review IV achievements here:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Pls use these templates to send emails to your friends requesting them to join IV
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
http://immigrationvoice.org/index.php?option=com_content&task=view&id=58&Itemid=36
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
http://immigrationvoice.org/forum/showthread.php?t=16034&highlight=walking_dude
http://immigrationvoice.org/forum/showthread.php?t=15976&highlight=walking_dude
======================
If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
hot makeup irthday wishes brother. irthday wishes brother. irthday-wishes-for-
Dhundhun
08-29 03:44 PM
...they want to distribute them judiciously.
USCIS ... judiciously???
LOL
USCIS ... judiciously???
LOL
more...
house happy irthday brother wishes.
jungalee43
12-23 12:29 PM
I must travel to India due to family emergency. My AP is valid for next five months. But just 1 week ago we changed our residence and now I have a family emergency. So my current address is different than that on the AP. I have updated my address online AR-11and have a confirmation document with both the addresses. I will clear immigration at JFK. Would this addres change create any problem? Has anyone gone through similar situation? The new adress is in the same state, just 4 miles from previous address, but city and zip is changed. No employer change.
tattoo Birthday Wishes For Brother In
logiclife
01-24 11:31 AM
If that is a problem...you know...thousands more filing 485 and swamping/drowning/choking/killing CIS, then maybe, in that case, we should not be pushing for SKIL bill also. Correct?
Because :
What happens if 485 filing is allowed?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
What happens if SKIL bill passes?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?
So maybe we should not push for SKIL bill also.
And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.
Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?
Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?
Because :
What happens if 485 filing is allowed?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
What happens if SKIL bill passes?
All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?
So maybe we should not push for SKIL bill also.
And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.
Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?
Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?
more...
pictures irthday wishes brother.
eb3_nepa
07-21 09:49 AM
EB3_NEPA
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
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maxy
04-28 09:43 AM
this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?
more...
makeup greetings/irthday-rother
minimalist
11-16 10:39 PM
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.
Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.
Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.
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fromnaija
12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
AP could be mailed but the applicant MUST be in the USA at the time of application.
AP could be mailed but the applicant MUST be in the USA at the time of application.
hairstyles Brother-in-law#39;s Birthday!
spgtopper
05-10 12:53 PM
An event in DC would be convinient for members who live or work in and around the DC area, and also because the concentration of working people in the city and vicinity is higher. People who work in the area can stop by after work and network over dinner.
Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.
Why don't we have this kind of events on week end? Many people will be able to attend and share their ideas.
kaisersose
02-13 04:00 PM
You guys deserve it after waiting for so long.
If they have not used Labor substitution :-).
Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.
Try it anyway, as you do not lose anything.
If they have not used Labor substitution :-).
Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.
Try it anyway, as you do not lose anything.
mlghyd
08-10 11:15 PM
Any updates on the EAD and 245 rule
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