sircaustic
10-18 10:43 PM
I applied on 7/26 for seventh year H1-B renewal and extension of stay. I concurrently filed I-539 for Extension of Stay for family. Six years of H-1 and related I-94 expired on 10/8 and since then I have been working under the 240 day grace period rule.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
wallpaper katie-holmes-tom-cruise-and-
eastindia
05-14 02:54 PM
Why cannot Indians apply in it? If you need diversity you need everyone allowed to apply?
Blog Feeds
04-26 11:30 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.
In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.
The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.
This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)
http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.
In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.
The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.
This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)
2011 Tom Cruise Katie Holmes Divorce
sukhyani
08-23 06:40 PM
Hi !
Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.
I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...
Thanks..
They are talking about your receipt notice.
Our lawyer had posted our application on July 2nd and we had our fingerprinting scheduled for 21st august which was completed.
I checked my status on the USCIS site for the very first time today. And it says. "On July 30, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case" . Can anyone kindly explain me what this means ( how July 30th and what mail are they talking about ?we never received any! ) ...
Thanks..
They are talking about your receipt notice.
more...
matreen
11-04 06:28 AM
I am in the similar situation, any advice will be greatly appreciated.
Thanks,
Matt.
I have been working for Company A which was bought under the Umbrella of a bigger parent. My company A still operates under the same name and is fairly independent.
The parent company bought another company B recently and have asked me move to B for business reasons in a similar role as with company A. Could I file a new GC with B and use my 10+ years experience with A to file for under EB2. I am currently under EB3-I category
Thanks,
Matt.
I have been working for Company A which was bought under the Umbrella of a bigger parent. My company A still operates under the same name and is fairly independent.
The parent company bought another company B recently and have asked me move to B for business reasons in a similar role as with company A. Could I file a new GC with B and use my 10+ years experience with A to file for under EB2. I am currently under EB3-I category
waitin_toolong
07-20 09:32 PM
true but is you ever want to come again on B1 return as soon as possible.
you got a stamp of 6 months stamp of 5.5 ..
to get a longer stamp next time try not to stay even the full 5.5 months
you got a stamp of 6 months stamp of 5.5 ..
to get a longer stamp next time try not to stay even the full 5.5 months
more...
needhelp!
09-30 06:19 PM
Check first post
2010 katie holmes and tom cruise
rpat1968
09-19 11:12 PM
My PD is July 2004 EB2 with RD 02 July 2007, ND 09 Aug 2009. NC cleared in Oct 2007, Biometrics renewed by USCIS Feb 2009 and all primary and dependent cases PreAdjudicated on 13th Apr 2009.
While doing routine status check this month by opening SR's I came to know that USCIS has screwed up my EB category on my pending I-485 application in NSC. Looks like the data entry was screwed by the USCIS contractors or mail room personell. Also the PreAdj process also completely overlooked this mistake and preadjudicated my case. Because of their mistake my case was not even considered for approvals this month and also last years when the dates were current.
I created multiple SR's and did 3 infopass appointments to find out what is the current EB Classification and finally was able to confirm through infopass appointment that USCIS has put me and my family in EB3 category (GC category E36, E37, E38) instead of EB2 (E21).
SR response were vague and did not help much. Infopass appointments were of very little help as IO's in Dallas Infopass center are not trained to handle EB - I485 related issues. They don't have access to enough information to help us. They don't know how to use their own system to find information. Tried POJ method to reach IO but always got connected to useless CSR's.
I have only one I-140 in Eb2. My lawyer wrote to USCIS this Friday. I don't know when USCIS will correct the mistake so that they can Adjudicate my case being current this month and next month.
CSR's are not letting me open SR's as I have already opened 3 SR's ( 2 on my own and 1 through IO in infopass).
Did anyone has any similar experience with USCIS screwing up their application? If yes how were you able to get this fixed. Please post if you have any USCIS-NSC expedited addresses, FAX numbers, Direct contact addresses for Senior USCIS officals or procedures for submitting issues. Any help with be greatly appreciated.
:confused::mad:
While doing routine status check this month by opening SR's I came to know that USCIS has screwed up my EB category on my pending I-485 application in NSC. Looks like the data entry was screwed by the USCIS contractors or mail room personell. Also the PreAdj process also completely overlooked this mistake and preadjudicated my case. Because of their mistake my case was not even considered for approvals this month and also last years when the dates were current.
I created multiple SR's and did 3 infopass appointments to find out what is the current EB Classification and finally was able to confirm through infopass appointment that USCIS has put me and my family in EB3 category (GC category E36, E37, E38) instead of EB2 (E21).
SR response were vague and did not help much. Infopass appointments were of very little help as IO's in Dallas Infopass center are not trained to handle EB - I485 related issues. They don't have access to enough information to help us. They don't know how to use their own system to find information. Tried POJ method to reach IO but always got connected to useless CSR's.
I have only one I-140 in Eb2. My lawyer wrote to USCIS this Friday. I don't know when USCIS will correct the mistake so that they can Adjudicate my case being current this month and next month.
CSR's are not letting me open SR's as I have already opened 3 SR's ( 2 on my own and 1 through IO in infopass).
Did anyone has any similar experience with USCIS screwing up their application? If yes how were you able to get this fixed. Please post if you have any USCIS-NSC expedited addresses, FAX numbers, Direct contact addresses for Senior USCIS officals or procedures for submitting issues. Any help with be greatly appreciated.
:confused::mad:
more...
pappu
08-24 01:32 PM
Me, Masters In EE, Working in Medical Instrumentation at University.
Papers: 1st author 3, other 7
Conference/Posters: 1st author 3, other 13
Recommendation letters: 7
Just by having papers or reco letters is not good enough for NIW. Infact NIW is made tougher in recent times. Proving that work is in national interest in the most difficult part and cases are rejected due to this reason. If you are from India NIW would only save you couple of months of PERM work. EB2 is retrogressed. NIW was useful when labor certifications used to take sevaral years. If you are from india and you think you are really extraordinary and exceptional in your field, then go EB1. It is current now.if you have to apply in EB2 only then use the perm process. It is fast now.
Papers: 1st author 3, other 7
Conference/Posters: 1st author 3, other 13
Recommendation letters: 7
Just by having papers or reco letters is not good enough for NIW. Infact NIW is made tougher in recent times. Proving that work is in national interest in the most difficult part and cases are rejected due to this reason. If you are from India NIW would only save you couple of months of PERM work. EB2 is retrogressed. NIW was useful when labor certifications used to take sevaral years. If you are from india and you think you are really extraordinary and exceptional in your field, then go EB1. It is current now.if you have to apply in EB2 only then use the perm process. It is fast now.
hair Celebrity Bet: Tom Cruise And
desixp
05-21 11:03 AM
Hi,
I think that status means you are greened.
I think that status means you are greened.
more...
indio0617
11-10 09:40 AM
Yes. I-134 is required. Make sure you send copies of all the pages in your passport (including blank ones).
hot Tom Cruise and Katie Holmes
naveenarjun
07-17 10:34 AM
does the employment letter have to be exactly in the same format as described in 'filing your 485 on your own thread' or can it be a simple letter stating the job title, salary, responsibilities etc?........is it ok to file 485 on my own eventhough the rest of the process was handled by attorney?.......for any immigration matters my company just forwards me to their lawyer.......and there is chance the lawyer might get pissed off if I file 485 on my own.......any ideas?
It can be in any format as long as it lists your title and duties exactly as it is stated in your labor certification.
It can be in any format as long as it lists your title and duties exactly as it is stated in your labor certification.
more...
house tom cruise katie holmes 2011.
immigrationvoice1
03-07 05:31 PM
Mine took 8 and half months back in 2004!
tattoo Women don#39;t divorce Tom Cruise
thesparky007
04-23 09:28 AM
the first one is great and the rest are good
more...
pictures I haven#39;t seen Tom Cruise
qtoask
06-14 11:10 PM
Pl post .. how many of you got I-485 approved since June 1 2007.
I heard lot of approvals coming....
I heard lot of approvals coming....
dresses Tom Cruise and Katie Holmes
anandrajesh
09-26 07:15 PM
I am in the same situation.........
Same here...
Same here...
more...
makeup Tom Cruise Katie Holmes
cinqsit
02-05 01:23 AM
Hi,
Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.
Thanks in advance for your help.
Unfortunately the answer is No.
You will have to wait (and trust) for your employer/attorney to give you this info.
Also you can check on the current perm processing dates which the USCIS issues I think every 3 months to see
how far the queue has moved and if you know approx date when your labor was filed you can make a guess
based on the published date and your filing date
cinqsit
Is there any way we can check our labor processing status as it is a genral fact that no employer would prefer to give his employee to access his status and at the same time they would not let employee to call attorney directly.So in this kind of scenario I was just wondering is there anyway we can track the status.
Thanks in advance for your help.
Unfortunately the answer is No.
You will have to wait (and trust) for your employer/attorney to give you this info.
Also you can check on the current perm processing dates which the USCIS issues I think every 3 months to see
how far the queue has moved and if you know approx date when your labor was filed you can make a guess
based on the published date and your filing date
cinqsit
girlfriend Tom Cruise, Katie Holmes,
Blog Feeds
11-08 03:30 PM
USCIS recently issued a Memo that amends Adjudicator�s Field Manual on General Form I-140 Issues. Many issues are covered, but one of particular interest to our PERM (http://www.h1b.biz/lawyer-attorney-1135851.html)readers is the Labor Certification Validity for Labor Certifications with an Ending Validity Date that Falls on a Saturday, Sunday or Federal Legal Holiday.
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
hairstyles katie holmes germany Katie
sc09876
07-29 09:55 AM
Hi,
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
Can the work experience without H1B be countable when you apply for I140 (EB2, BS + 5yrs ) ?
I kept my part time job about 3 yrs while I was working as a full timer at other companies. But the problem is I was getting paid but didn't file H1B as a part timer. I know that I should have filed for H1B but I just had a H1B as a full timer with my other company. If I can count my part time work experience ( 3yrs part time / 2 = 1.5 yrs as full time) along with my full time experience (3.7 yrs), It exceeds 5 yrs of related work experience that requires for EB2.
Thanks, dbn
To be working on part time while on H1-B for an employer that is not the one who sponsored your H1-B is not legal. Please refer to a heated discussion currently under way in the Away-Qxter discussion topic.
ca_immigrant
02-05 01:41 PM
Apologies if I should have looked this up somewhere within IV .
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
Guess it is a simple question.
What does a soft LUD mean ? I have often read that term on the forum.
I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009
On the I485 I think it is just that they transferred it from one office to another as the status says.
=============================
Last updated | Form number
2/4/2009 | I131
2/5/2009 | I485
===============================
Blog Feeds
07-09 12:30 PM
AILA Leadership Has Just Posted the Following:
The Senators are coming, the Senators are coming! That's right, the Senate is debating the DHS Appropriations bill right now, and immigration amendments are being offered. I blogged about the Sessions E-Verify proposal yesterday. Well bill, that passed by voice vote this morning, but not before the Senate voted down a proposal from Senator Schumer to table the Sessions proposal. Senator Leahy, in an astute move prior to the vote on Sessions' E-Verify bill, amended that bill to include a permanent extension of the EB-5 Regional Pilot Program. So, Leahy's amendment permanently extending the EB-5 Regional Pilot Program was approved too!
Senator DeMint from South Carolina threw in a bill to mandate the construction of actual fences along 700 miles of the Southern Border, taking away the right of DHS/CBP to decide how best to protect that border. That has also passed.
Senator Hatch has now introduced a bill which includes positive changes including undoing the Widow Penalty, and a religious worker extension and a rural doctors program extension. You can still call the Senate Switchboard to voice your support for this latter bill, and your disgust with the Senate passage of laws without debate that will affect millions of lives and cost billions of dollars. You can reach your Senator by calling 202-224-3121.
All of these amendments, of course, must now go back to a conference committee with the House, and there is no guarantee that any of them will become law. But, lest you thought your time to relax from calling your Congressman was over, it has now started again. Get on the phone and start demanding REAL Immigration Reform, rather than this piecemeal junk.https://blogger.googleusercontent.com/tracker/186823568153827945-7232301415393625463?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/senate-is-at-it-again-hold-onto-your.html)
The Senators are coming, the Senators are coming! That's right, the Senate is debating the DHS Appropriations bill right now, and immigration amendments are being offered. I blogged about the Sessions E-Verify proposal yesterday. Well bill, that passed by voice vote this morning, but not before the Senate voted down a proposal from Senator Schumer to table the Sessions proposal. Senator Leahy, in an astute move prior to the vote on Sessions' E-Verify bill, amended that bill to include a permanent extension of the EB-5 Regional Pilot Program. So, Leahy's amendment permanently extending the EB-5 Regional Pilot Program was approved too!
Senator DeMint from South Carolina threw in a bill to mandate the construction of actual fences along 700 miles of the Southern Border, taking away the right of DHS/CBP to decide how best to protect that border. That has also passed.
Senator Hatch has now introduced a bill which includes positive changes including undoing the Widow Penalty, and a religious worker extension and a rural doctors program extension. You can still call the Senate Switchboard to voice your support for this latter bill, and your disgust with the Senate passage of laws without debate that will affect millions of lives and cost billions of dollars. You can reach your Senator by calling 202-224-3121.
All of these amendments, of course, must now go back to a conference committee with the House, and there is no guarantee that any of them will become law. But, lest you thought your time to relax from calling your Congressman was over, it has now started again. Get on the phone and start demanding REAL Immigration Reform, rather than this piecemeal junk.https://blogger.googleusercontent.com/tracker/186823568153827945-7232301415393625463?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/senate-is-at-it-again-hold-onto-your.html)
No comments:
Post a Comment