Mentol Blog's

Hi guys,
please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?

Thanks for your help and replies

Thanks tnite for reassurance/hope...really need it :)

RoseBall,, here is my query..Please answer


I got RFE on 140 asking

all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

I am still fearing how do USCIS take in to consideration when they finalise the case.

Do you think all these are substantiate my case , or they may come with another RFE or denial..

Please advise me what I want to do, I haven't submitt my case yet.

Thanks

Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.

So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.

I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.

thanks again Leoindiano for your advice !!

Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.

GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.

1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?

If you have not done this already you are supposed to call the USCIS and update them with your new address apart from sending a AR-11 regarding your address change.

Call customer service and ask them to give you an update and/or request a copy of your receipt notice. The notice goes to your moron lawyer and it takes about 4/5 business days to get a mail from USCIS once they send it out.

I hope this helps and good luck on your green card pursuit...

Thanks for all your suggestions guys.

Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.

Thank you for the reply.

I did my Master's here.

And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.

---Vijaya.

Easy way is let her go to India and stamp H-4 based on your approved H1 ASAP.
All other process takes time. This will take less than 2 weeks.

My wife didnot apply for green card yet. I have EAD and AP. Since dates are not current my wife couldnt apply for GC

Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters

Hi All-

I have a tricky scenario here, I need some input/guidance.

I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

My questions are:

1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

I really appreciate your response in this regard.

Thanks!!

based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.

The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.


Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.

Prolegalimmi,

Our team is in contact with NPR. Are you working with sunil on this?

Thanks,
Berkeleybee

No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.

Read that again..they said it right..."All numbers available to these categories under the FY-2007 annual numerical limitation" have been made available.

SO to say they have made available whatever they had for 2007..and they are now out of it.

-p

===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

have been made "available".=============
================================

I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!

I would certainly come back to update it... and i am sure there would be more than a few who would do the same.
After all, its a good way to put the fitting GC pain to rest.



How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.

But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.

Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.

I just reliazed that I too missed the last entry date field and had already sent the supporting docs this morning.. (efiled on last Saturday).

Can you tell us what are docs that you sent to USCIS to correct missing "last entry date"?

1. Confirmation Page
2. Letter explaining the "Date of last entry" was missing and give the last entry date..

There's a user named 'whermygc' on page 10 of .

Cool, so thats it, its best to wait for an rfe and respond when you recieve it, if at all

actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.

Lucky you!! Mine was filed on Jan 5th and still waiting!!

I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.

My lawyer ('s assistant) told me yesterday that the PWD's are taking 6 to 8 weeks to come back. 8 weeks have past now, didnt really want to force the issue though as it's not just me that's waiting.

i have until July 1012... Hopefully enough time for my PERM approval...

Thanks SL & Lost in GC process,

Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

Thanks
Senthil