GMKrishna
08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
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dionysus
01-23 02:14 PM
Dates are valid as of November 30, 2008. Texas is processing July 11, 2007 applications. Looks good. It means CIS finally has time to work on the deluge of applications they received in July 2007, even though the dates are not current yet. The approvals may still be far off, but at least we know that our apps are being worked upon.
desi3933
11-22 12:26 PM
Hi,
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
If you are maintaining H-1B status, you can file for status extension and will get new I-94.
If you are using EAD and have I-485 pending "status" then I-94 extension is not necessary.
________________________
Not a legal advice.
US citizen of Indian origin
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
If you are maintaining H-1B status, you can file for status extension and will get new I-94.
If you are using EAD and have I-485 pending "status" then I-94 extension is not necessary.
________________________
Not a legal advice.
US citizen of Indian origin
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ravinaidu
11-10 02:19 PM
Guys: With economy in such a bad state, how do you think he can even think about the immigrants. People are being laid off every day. I can see anger building on the face of Americans when they see foreigners. It will be a while before our voices are heard.
more...
breddy2000
08-08 10:39 AM
Hi
My I-140 was sent on July, 28th to TSC. I did not yet receive any receipt number. How long does it take to get the receipt number once I-140 is applied?
I received my Receipt in 6 Days. Applied on 21th June and Receipt on 27th June. But still in process at Nebraska Service Center.
My I-140 was sent on July, 28th to TSC. I did not yet receive any receipt number. How long does it take to get the receipt number once I-140 is applied?
I received my Receipt in 6 Days. Applied on 21th June and Receipt on 27th June. But still in process at Nebraska Service Center.
STAmisha
02-25 09:41 AM
I graduated in MS (I'm on H4 currently) recently.My previous degree is from India (passed out BCOM in 1999). I dont have any IT experience.
I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
Please reply
I'm talking with couple of companies about getting a H1. What documents I need to show for H1 for USCIS? Do I need to show any experience to USCIS?
Please reply
more...
ben212_76
06-04 01:11 PM
Even I am very worried about the same as my filling for H1 extn is going to come soon and due to the recent denials, I am very worried. I don't have EAD also with me and my priority date is very late. I heard about 3 cases where H1 extn is denied.
If anyone knows more details about it, please let us know.
If anyone knows more details about it, please let us know.
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newbie2020
06-11 01:14 PM
While travelling on H4, IF she gets her H1 Approval she can get the same stamped in the overseas and travel whenever even after oct 1, No issue with that.
Now on the other hand if she travels back on H4 after oct 1 which is the start date of H1 that may override the H1(Not sure consult appropriate attorney)
Now on the other hand if she travels back on H4 after oct 1 which is the start date of H1 that may override the H1(Not sure consult appropriate attorney)
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cantonsale10@gmail.com
02-14 07:20 PM
Hi Friends,
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
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scoldme
04-26 09:04 PM
CRAZYMONK,
I have a question, for my fresh petition 2010 will it be subject to the H1B CAP??
There are many diferent opinions, i too understood that renewals and extensions wont be subject to cap. But there is no clear statement on my scenario.
Thanks.
I have a question, for my fresh petition 2010 will it be subject to the H1B CAP??
There are many diferent opinions, i too understood that renewals and extensions wont be subject to cap. But there is no clear statement on my scenario.
Thanks.
more...
guchi472000
02-13 10:13 AM
Hi
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yabadaba
07-02 02:05 PM
who are these 60k cases? i cant see it on or anywhere. these will some reflection of this..correct?
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satishku_2000
12-06 12:38 AM
If is an italian citizen he should not have any issues entering USA as visitor.
http://travel.state.gov/visa/temp/without/without_1990.html#vwp
The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are screened prior to admission into the United States, and they are enrolled in the Department of Homeland Security’s US-VISIT program.
http://travel.state.gov/visa/temp/without/without_1990.html#vwp
The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the VWP, and not all travelers from VWP countries are eligible to use the program. VWP travelers are screened prior to admission into the United States, and they are enrolled in the Department of Homeland Security’s US-VISIT program.
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aat0995
08-01 04:58 PM
My application got approved today! Good luck to everyone.
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NH123
07-24 03:46 PM
Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i open a bank account in USA and start doing transactions on that account ?Thanks in advance
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ita
11-01 01:44 PM
At the time of filing my application I just used one address.
Somehow I didn't know you could use Permanent address and current address.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
Somehow I didn't know you could use Permanent address and current address.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
more...
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wandmaker
12-05 10:39 PM
pnagar: (1) Employment Verification Letter with your Job roles, responsibilties, which should match/similar to your GC labor; and your annual income. (2) Once your 140 is approved and 180 days have passed after filing 485; it will not affect you even if your employer withdraws the 140 application. It will affect only if USCIS revokes based on fraud grounds.
For the PD of 07, it is a long way to GC with out the help of organization like IV - If you have time, take look at the omnibus fund raising and help in anyway you can.
For the PD of 07, it is a long way to GC with out the help of organization like IV - If you have time, take look at the omnibus fund raising and help in anyway you can.
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Mount Soche
05-09 04:38 PM
number is high so if i don't get current in the next few bulletins, i lose out for this fiscal year.
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rockstart
05-26 03:27 PM
Hello,
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Yes you need to make sure that all documents have consistency in names and dates. As far as your second question goes USCIS has space for just one address which should be your current address. So as long as you can prove that the address listed in CIS system is the most current address then you are fine. There is no law or no way to provide multiple address. Just make sure you can prove that address on file is your primary residence.
Last week i received RFE for my wife's father's name. The name on birth certificate is different from school leaving & other docs. I'm trying to get it corrected from Mumbai.
I beleive if i get a correct one matching with other docs, i should be ok.
Another issue, i have is i have rented an apartment under my name close to my work in the same state. All my docs have my home address, my question is will it affect my case if they find another address under my name?? I still have official address as my home everywhere...
Yes you need to make sure that all documents have consistency in names and dates. As far as your second question goes USCIS has space for just one address which should be your current address. So as long as you can prove that the address listed in CIS system is the most current address then you are fine. There is no law or no way to provide multiple address. Just make sure you can prove that address on file is your primary residence.
st_2006
05-05 03:18 PM
Mine was applied on 20th April. Still waiting.
sukhyani
09-07 05:16 PM
Anyone????
Priority date is the Filing / Receipt Date of your Labor Certification.
Priority date is the Filing / Receipt Date of your Labor Certification.
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