GCKaMaara
06-08 12:13 PM
IV Advocacy Days Blog: Immigration Voice Advocacy Days (http://advocacydays.blogspot.com/) Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgE4lpCg5BPn_2TXUY1mVHQE-Nc1fjkKBh2fN0yglIlvkiRCvwjsI2PaRg052nzeF65w3KIMPMJXXS93dJdqUn0_K8kcSrKBrycFin2bXQiTcxetDBvefd6k2SQ1pHi4IwSQe-_2sSScQso/s400/SDC10159.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgE4lpCg5BPn_2TXUY1mVHQE-Nc1fjkKBh2fN0yglIlvkiRCvwjsI2PaRg052nzeF65w3KIMPMJXXS93dJdqUn0_K8kcSrKBrycFin2bXQiTcxetDBvefd6k2SQ1pHi4IwSQe-_2sSScQso/s1600/SDC10159.JPG)
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wandmaker
10-29 05:56 PM
H1-B Extension after 6 years.
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
In order to extend H1B beyond six years, you do not require to be with the GC sponsoring employer. One must have filed a labor 365 days before 6th year end date. 1 or 3 years extension is based on what stage of GC processing you are in. Hope this helps!
Is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
I have changed my employment after I-140 approved. But the previous employer agreed to continue the GC process. I could not file 485 due to PD is not current.
The 6 yrs limit on H1 is about to be over.
Is it possible to extend H1-B after 6 yrs at the new employer, based on the I-140 approved by previous employer as green card is process? Or is it mandatory that I have to work at the employer who is processing my GC to get the extension on H1-B beyond 6 years?
Thanks in advance
Venkat
In order to extend H1B beyond six years, you do not require to be with the GC sponsoring employer. One must have filed a labor 365 days before 6th year end date. 1 or 3 years extension is based on what stage of GC processing you are in. Hope this helps!
Blog Feeds
03-10 07:20 AM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
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neeshpal
07-12 03:07 PM
Is it true that labor approval has a six months expiration date on it after which it'll expire. My lawyer has communicated this to me.
Thanks!
Thanks!
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rajiv404
12-09 06:11 PM
I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
gcpower1
01-27 07:24 PM
Visa Number is just created for ASIAN people not any one else. Visa Numbers are allocated before M.L.King and not revised since then and never revised.
How stupid we are still asking number insted of solution.
How stupid we are still asking number insted of solution.
more...
clif
06-17 04:08 PM
Dude, don't ask why. Just do what your attorney (if you have one) is asking you to do. My attorney asked for all pages of all passports (current and expired).
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wandmaker
01-02 02:48 PM
Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
more...
vaib.shah1
01-27 12:12 AM
Dear All Immivoices,
My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
before two years. If they want to come again, is there any document I need to send them?
Thanks in advance to all of you.
My parents have 10 years multiple visa. It was issue in year 2007. They have visited USA
before two years. If they want to come again, is there any document I need to send them?
Thanks in advance to all of you.
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Roni
06-11 10:43 PM
My employer let me signed 3 contracts. First was for the year 2006 then two for 2007. They said they just changed a few things but it is the same. The previous two contracts said if ever employment is terminated prior to an agreed date, reimbursement to the employer will be pro-rated. The 3rd contract was changed to reimbursing the employer the full amount of the contract which means H1B fees, recruitment fees, sign-on bonus and reimbursement. I was not aware that they've changed the reimbursement because I did not read the third contract anymore because they said it's the same.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
Is it legal for the employer to charge the H1B employee the H1B fees, recruitment fee, sign-on bonus and reimbursements? I applied directly to my employer but they hired a recruiter and was just made aware of the huge amount after working for 3mos with them. They never gave me a copy of the total amount of my contract until I asked for it.
They filed for my I-140. It was already approved and just waiting for the I-485 to be filed.
Thank you so much for your help.
more...
kirupa
03-27 12:44 AM
Added your first one Junaidi :)
Please create a second thread for your second entry so that I can link directly to it!
Please create a second thread for your second entry so that I can link directly to it!
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immm
01-10 01:33 PM
Hello friends,
I filed for I-485 in mid-June 2007 but never received the receipt notice
(due to the issue described in this thread: http://immigrationvoice.org/forum/showthread.php?t=11788&highlight=undeliverable).
After months of calling USCIS (probably called at least 10-15 times over past 6 months) and having the lawyer send a written letter, I still did not receive the receipt notice as the customer service reps kept telling me that USCIS doesn't send a duplicate receipt notice.
When I saw that one of my friends who had the same issue received a "Replacement Receipt Notice" after calling them numerous times, I decided to call them again. I was able to convince one of the reps to put in a service request requesting "resend whatever was returned to USCIS as undeliverable".
I finally received a letter from USCIS that they will resend the receipt notice but it has been a few weeks since then and I still have not received the promised receipt notice.
Now I need to file for EAD ASAP but it requires you to attach the receipt notice (Notice of Action I-797C or I-797??).
(lawyer didn't file for EAD with I-485 as I have H1)
So my question is:
Can I use the Biometric appointment notice (ASC Appointment Notice I-797C) instead of I-485 Receipt Notice I-797 to file EAD form I-765 as a proof that I filed I-485 ?
What are the odds that they will send my EAD application back saying that I need the actual I-485 receipt notice?
What are my options?
Thanks in advance!
PD: Mar 2002
EB3, India
I-485 Reached Nebraska - June 15th, 2007.
I filed for I-485 in mid-June 2007 but never received the receipt notice
(due to the issue described in this thread: http://immigrationvoice.org/forum/showthread.php?t=11788&highlight=undeliverable).
After months of calling USCIS (probably called at least 10-15 times over past 6 months) and having the lawyer send a written letter, I still did not receive the receipt notice as the customer service reps kept telling me that USCIS doesn't send a duplicate receipt notice.
When I saw that one of my friends who had the same issue received a "Replacement Receipt Notice" after calling them numerous times, I decided to call them again. I was able to convince one of the reps to put in a service request requesting "resend whatever was returned to USCIS as undeliverable".
I finally received a letter from USCIS that they will resend the receipt notice but it has been a few weeks since then and I still have not received the promised receipt notice.
Now I need to file for EAD ASAP but it requires you to attach the receipt notice (Notice of Action I-797C or I-797??).
(lawyer didn't file for EAD with I-485 as I have H1)
So my question is:
Can I use the Biometric appointment notice (ASC Appointment Notice I-797C) instead of I-485 Receipt Notice I-797 to file EAD form I-765 as a proof that I filed I-485 ?
What are the odds that they will send my EAD application back saying that I need the actual I-485 receipt notice?
What are my options?
Thanks in advance!
PD: Mar 2002
EB3, India
I-485 Reached Nebraska - June 15th, 2007.
more...
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shreekhand
05-31 07:45 PM
FYI.
Temporary GC stamp is never stamped at POE or by CBP.
Hello,
Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).
When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.
Temporary GC stamp is never stamped at POE or by CBP.
Hello,
Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).
When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.
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four1seven
05-16 09:23 PM
Yeah I agree, but I don't have any cool pixel fonts, i just got that one today off that link in the main design forum. :(
Thanks for the compliments otherwise :D
Thanks for the compliments otherwise :D
more...
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jain4444
07-20 01:24 PM
Thanks guys for your answer
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TexDBoy
11-22 03:37 PM
I think
- For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
- However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).
- For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
- However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).
more...
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chem2
08-11 03:52 PM
this link says that minors over 14 need to sign their own forms.
please verify this with your lawyer or official I-485 instructions (you should be able to find instructions on the uscis website) before you use this as gospel!
http://www.hooyou.com/news/news081007sign.html
please verify this with your lawyer or official I-485 instructions (you should be able to find instructions on the uscis website) before you use this as gospel!
http://www.hooyou.com/news/news081007sign.html
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nishant2200
12-04 01:38 AM
I would suggest googling for the Indian consulate in your jurisdiction. Although most indian consul websites are confusing and really difficult, so good luck.
btw, if your daughter was born in India, but she is here with you, how did she enter USA without a passport.
btw, if your daughter was born in India, but she is here with you, how did she enter USA without a passport.
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desi3933
02-09 12:00 PM
I am changing my job on H1B. I have I-140 approved with present company. What documents do I need to have to keep my old priority date? I have copy of I-140 approval notice. Do I need to have copy of labor certification as well?
copy of I-140 approval notice
_________________
Not a legal advice.
copy of I-140 approval notice
_________________
Not a legal advice.
nochoice
12-18 09:50 AM
Gurus, please help. Can anybody throw some light on why my LUD has changed on I-485. Could it be because of name clearance.
Are you in a critical situation that needs important legal advice?
Are you in a critical situation that needs important legal advice?
saturn12
02-13 11:53 PM
Hello
I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.
Thanking you,
I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.
Thanking you,
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