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
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Blog Feeds
06-08 01:20 AM
Senate Majority Leader Harry Reid is promising immigration will be one of three major legislative priorities this year (the other two are health care reform and energy). It's not news that Senator Reid wants to push for reform this year, but it is the first time I've seen him be this specific on where immigration reform ranks on the priorities list.
More... (http://blogs.ilw.com/gregsiskind/2009/06/reid-well-do-immigration-reform-this-year.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/reid-well-do-immigration-reform-this-year.html)
snathan
05-19 01:03 PM
Don't you know this baby will stop Skynet in 2035 and save mankind ?
No...because the world is going to end in 2012 Dec ....:D
No...because the world is going to end in 2012 Dec ....:D
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va_dude
02-09 02:36 PM
well if there's a way for you to get your approved labor certification doc, or even the copy of the filed labor application; then definitely get it.
The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.
good luck.
The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.
good luck.
more...
senthil
01-13 08:04 PM
masala_dosa, this is my understanding. once you have applied for EAD, its your responsibility to keep it valid all the time, independent of if you are using the EAD or NOT. You have to appy for renewals before it expires etc. i dont know if it impacts the current gc process or not.
two scenarios:
If you are using EAD for your current job, and if you did not renew ( or alteast file for renew) before it expires you may notbe able to continue the job.
If you are NOT using EAD, but have an EAD on hand you are supposed to keep it valid.
once again - im not an attorney and all above were my understanding.
why dont you talk to your attorney. he/she may have a simple answer for this.
two scenarios:
If you are using EAD for your current job, and if you did not renew ( or alteast file for renew) before it expires you may notbe able to continue the job.
If you are NOT using EAD, but have an EAD on hand you are supposed to keep it valid.
once again - im not an attorney and all above were my understanding.
why dont you talk to your attorney. he/she may have a simple answer for this.
sunnymit
07-18 10:55 PM
i am switching employers and i have about 10k in my 401k with current employer. my next employer does not have the option to start 401k until after one year of service.i am looking for options to rollover my 401k to a IRA in a company. does anyone have any recommendations?thanks in advance
I still have my 401K from my old job that I quit about 3 yrs back into the same (company's) account. The reason I didn't roll them into IRA is that I prob would have made the same selection of mutual funds that I currently have in my 401K. The company is stable so no worries there. Point is, move your money only if you think it will serve you a better purpose or else wait for your new 401K to kick in and after that just roll over the other account directly into the new one...
Just my 2 cents, of course...
I still have my 401K from my old job that I quit about 3 yrs back into the same (company's) account. The reason I didn't roll them into IRA is that I prob would have made the same selection of mutual funds that I currently have in my 401K. The company is stable so no worries there. Point is, move your money only if you think it will serve you a better purpose or else wait for your new 401K to kick in and after that just roll over the other account directly into the new one...
Just my 2 cents, of course...
more...
hpandey
12-12 03:46 PM
some where i read in the forum if we leave the country without the approval of ap our 485 status will be abonded.
If you leave the country after getting your I-485 receipts then its okay whether you get your Advance Parole papers or not since you are going for H1 stamping and are not going to use AP anyway.
It does not matter. Some people do not even file for AP if they are going to use their H1 visa to re-enter the country.
But remember your I-485 receipt is very important. Always keep it handy ( do not leave without it ):)
If you leave the country after getting your I-485 receipts then its okay whether you get your Advance Parole papers or not since you are going for H1 stamping and are not going to use AP anyway.
It does not matter. Some people do not even file for AP if they are going to use their H1 visa to re-enter the country.
But remember your I-485 receipt is very important. Always keep it handy ( do not leave without it ):)
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bharat2008
02-05 08:51 AM
Hi ,
I have I-140 approved(ABC company) and have 5 months left in my first 6 year cycle. I was laid off from the job. A New employer XYZ applied for my H1B extension based on I-140 approval and got approved for 3 years.But I was unable to join
XYZ due to family situation and moved back to India.
Questions/options:
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
or
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ?I have copy of the H1B approval but not sure if it has been revoked.
Please advice.
Thank you in advance.
I have I-140 approved(ABC company) and have 5 months left in my first 6 year cycle. I was laid off from the job. A New employer XYZ applied for my H1B extension based on I-140 approval and got approved for 3 years.But I was unable to join
XYZ due to family situation and moved back to India.
Questions/options:
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
or
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ?I have copy of the H1B approval but not sure if it has been revoked.
Please advice.
Thank you in advance.
more...
maxy
02-24 09:12 AM
Hi All
My sister is planning to visit us here this summer. she is scheduled for visa interview next month. (me & my sister who is citizen ... are sponsoring her)
little caveat, my sister has filed immigration file for her (about 2 years back...it usually takes 10-15 yrs for sibling family visa). just want to know anyone has seen or encountered such case. (in her visitor visa forms we have disclosed all this, meaning immigration file number n all)
is there any specific question that they may ask....or does it make her in-eligible for visitors visa ?
appreciate your help
My sister is planning to visit us here this summer. she is scheduled for visa interview next month. (me & my sister who is citizen ... are sponsoring her)
little caveat, my sister has filed immigration file for her (about 2 years back...it usually takes 10-15 yrs for sibling family visa). just want to know anyone has seen or encountered such case. (in her visitor visa forms we have disclosed all this, meaning immigration file number n all)
is there any specific question that they may ask....or does it make her in-eligible for visitors visa ?
appreciate your help
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bugsbunny
05-02 12:29 AM
who is giving me red? :)
If you did not find my reply helpful Please post something useful
If you did not find my reply helpful Please post something useful
more...
stxvr
08-08 08:47 PM
Please help ....
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immigration1234
06-21 04:58 PM
Hi,
My attorney sent me a questinaire and the following is a part of the questionaire.
I don't have any of the below mentioned but a checking account. Do I need to have any of the following so that I can get approval for my I485?
Appreciate your help and thank you very much!
************************************************** *******
These questions are for the affidavit that shows you can support your spouse:
What is the date that you first came to the United States to live? ___________________________
Your Annual Salary: $________________________ Savings Amount: $________________________
Stocks and Bonds amount: $___________________ Life Insurance Amount: $__________________
(if you bought a house) House Total Value: $______________________________________
How much do you still owe on your mortgage? $______________________________________
If you own a house and have not listed the address above, please give the address of the house: __________________________________________________ _______________
************************************************** ********
My attorney sent me a questinaire and the following is a part of the questionaire.
I don't have any of the below mentioned but a checking account. Do I need to have any of the following so that I can get approval for my I485?
Appreciate your help and thank you very much!
************************************************** *******
These questions are for the affidavit that shows you can support your spouse:
What is the date that you first came to the United States to live? ___________________________
Your Annual Salary: $________________________ Savings Amount: $________________________
Stocks and Bonds amount: $___________________ Life Insurance Amount: $__________________
(if you bought a house) House Total Value: $______________________________________
How much do you still owe on your mortgage? $______________________________________
If you own a house and have not listed the address above, please give the address of the house: __________________________________________________ _______________
************************************************** ********
more...
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smuggymba
08-12 02:51 PM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
what business man??...don't open an IT consultancy firm for chrissake. Please.
thanks
what business man??...don't open an IT consultancy firm for chrissake. Please.
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Blog Feeds
08-31 09:40 AM
ICE officials provided a copy of a new policy memo (http://www.chron.com/disp/story.mpl/metropolitan/7169978.html)dated Aug. 20 that instructs government attorneys to review the court cases of people with pending applications to adjust status based on their relation to a U.S. citizen. ICE estimates in the memo that the effort could affect up to 17,000 cases.
The Department of Homeland Security is systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records, according to several sources familiar with the efforts.
Opponents of illegal immigration were critical of the dismissals.
"They've made clear that they have no interest in enforcing immigration laws against people who are not convicted criminals," said Mark Krikorian, executive director of the Center for Immigration Studies, which advocates for strict controls.
In a June 30 memo, ICE Assistant Secretary John Morton outlined the agency's priorities, saying it had the capacity to remove about 400,000 illegal immigrants annually � about 4 percent of the estimated illegal immigrant population in the country. The memo outlines priorities for the detention and removal system, putting criminals and threats to national security at the top of the list.
We expect more cases terminations across the United States in the next several months.
More... (http://www.visalawyerblog.com/2010/08/san_diego_deportation_lawyer_1.html)
The Department of Homeland Security is systematically reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records, according to several sources familiar with the efforts.
Opponents of illegal immigration were critical of the dismissals.
"They've made clear that they have no interest in enforcing immigration laws against people who are not convicted criminals," said Mark Krikorian, executive director of the Center for Immigration Studies, which advocates for strict controls.
In a June 30 memo, ICE Assistant Secretary John Morton outlined the agency's priorities, saying it had the capacity to remove about 400,000 illegal immigrants annually � about 4 percent of the estimated illegal immigrant population in the country. The memo outlines priorities for the detention and removal system, putting criminals and threats to national security at the top of the list.
We expect more cases terminations across the United States in the next several months.
More... (http://www.visalawyerblog.com/2010/08/san_diego_deportation_lawyer_1.html)
more...
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wandmaker
11-16 01:05 AM
I understand the 180 days rule after filing 485. what if the eb3(140 approved) based 485 has been pending for 180 days, and a newly approved eb2 140 has just been ported to the pending 485.
Yes, 180 days rules applies to your 485 receipt date on your receipt notice.
Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.
There is no rule that makes the "180 days" clock to restart.
What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.
There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485
Yes, 180 days rules applies to your 485 receipt date on your receipt notice.
Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.
There is no rule that makes the "180 days" clock to restart.
What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.
There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485
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i99
10-15 04:23 PM
Hi
Our checks were cashed today (both for me and my husband). Our application (I 140/I485 conc.) was July 2nd @NSC received by R Williams. They were cashed in Texas. We did not even get the receipt notices yet. Thus, the wait sounds longer for us.
hi i99,
i remember seeing ur threads for r.mickels or williams...if u got ur receipts and are on the the next waiting level of FP notice - welcome....and it looks like its going to be a long one.
RN - Recd Aug 28th
EAD & AP - Recd Sept 4th
FP - Still Waiting
Our checks were cashed today (both for me and my husband). Our application (I 140/I485 conc.) was July 2nd @NSC received by R Williams. They were cashed in Texas. We did not even get the receipt notices yet. Thus, the wait sounds longer for us.
hi i99,
i remember seeing ur threads for r.mickels or williams...if u got ur receipts and are on the the next waiting level of FP notice - welcome....and it looks like its going to be a long one.
RN - Recd Aug 28th
EAD & AP - Recd Sept 4th
FP - Still Waiting
more...
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sioux
01-31 10:38 AM
anyone?
we still have not got the rfe. our lawyer has not received it either.
any help is appreciated.
we still have not got the rfe. our lawyer has not received it either.
any help is appreciated.
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afordham
07-09 01:37 PM
I'm possibly in the same situation - if the company I work for gets bought and the company name changes does this complicate the process? I would hold the same job, title and everything else? This is a real possibility we already made 1/3 of the workforce redundant last week..
Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?
What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??
Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?
What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??
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user1205
08-29 02:24 PM
Thanks! I'll ask them for the 485 receipt for travel.
tabletpc
09-20 11:43 AM
I am kind of worried with all these.
I presently work for company A whose first 3 years of visa will expire in oct end.
In july sometime I requested company B to file a transfer and they did and it got approved .the date starts from july.However i told company B that i need more time t join them and they agreed to it.
While i was talking to compay A attorney for extension i mentioned to him that i ahve another H1b approved from company B. To which he said ," if that H1b is filed as concurrents then its not a problem. But if its filed as "change in emplyer" then you should have been working for that emplyer from the start of its approval." However company A attorney agreed to jsut file extnesion wihtout mentioning the another approval.
I then asked the i-129 petion frm company B and found that its filed as "change in emplyoer". I asked him about the problmes i might face in extnesion with compnay A visa to which he said.."Don't worry..you don't need to mention about second approval while extneding with company A. You won't have problem gettign extension". it need to be filed as "change in emplyer not concurent.Is this true....???
Also I filed for 485,ead and ap in aug..jsut FYI. But i would like to be on H1b as i am single and don't want to mess up my immigrationhistory..so far its clean. Do you think i could be out of status as i am not working for company B which filed tranfer as change in emplyoer..???
Can anyone give some inputs for me....
thanks in advace guys...
I presently work for company A whose first 3 years of visa will expire in oct end.
In july sometime I requested company B to file a transfer and they did and it got approved .the date starts from july.However i told company B that i need more time t join them and they agreed to it.
While i was talking to compay A attorney for extension i mentioned to him that i ahve another H1b approved from company B. To which he said ," if that H1b is filed as concurrents then its not a problem. But if its filed as "change in emplyer" then you should have been working for that emplyer from the start of its approval." However company A attorney agreed to jsut file extnesion wihtout mentioning the another approval.
I then asked the i-129 petion frm company B and found that its filed as "change in emplyoer". I asked him about the problmes i might face in extnesion with compnay A visa to which he said.."Don't worry..you don't need to mention about second approval while extneding with company A. You won't have problem gettign extension". it need to be filed as "change in emplyer not concurent.Is this true....???
Also I filed for 485,ead and ap in aug..jsut FYI. But i would like to be on H1b as i am single and don't want to mess up my immigrationhistory..so far its clean. Do you think i could be out of status as i am not working for company B which filed tranfer as change in emplyoer..???
Can anyone give some inputs for me....
thanks in advace guys...
rogueDev
07-05 08:01 PM
As Silverlight is a browser side technology, you would have no problem serving Silverlight content from our servers as long as you add the proper MIME type settings to the site via .htaccess rules such as:
AddType application/xaml+xml .xaml
AddType application/x-silverlight-app .xap
AddType application/x-ms-xbap .xbap
HTTP responses have a "content-type" as apart of their header.
http://en.wikipedia.org/wiki/List_of_HTTP_headers
Examples are JPG, HTML, EXE.
It is advised to set the content type appropriately when you serve a file from your webserver by modiftying your htaccess file. To be honest, you can get away without setting this for all the popular browsers from my experience, but it might affect caching or obscure browsers negatively. There could be other implications, but none that I'm aware of.
Since Silverlight xap archives are a very new type, 90% of servers probably aren't configured to serve this filetype by default, so they're advising you to modify your htaccess file and *** that type.
AddType application/xaml+xml .xaml
AddType application/x-silverlight-app .xap
AddType application/x-ms-xbap .xbap
HTTP responses have a "content-type" as apart of their header.
http://en.wikipedia.org/wiki/List_of_HTTP_headers
Examples are JPG, HTML, EXE.
It is advised to set the content type appropriately when you serve a file from your webserver by modiftying your htaccess file. To be honest, you can get away without setting this for all the popular browsers from my experience, but it might affect caching or obscure browsers negatively. There could be other implications, but none that I'm aware of.
Since Silverlight xap archives are a very new type, 90% of servers probably aren't configured to serve this filetype by default, so they're advising you to modify your htaccess file and *** that type.