wandmaker
12-05 08:28 PM
I don't have enough time to get my status changed from USA.
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
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suttu
01-14 01:18 PM
There have been cases reported in past on this forum where the PERM approval was lost in mail.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
pyrosleepy
04-22 01:09 PM
I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
It means you are on your way to Greenland very soon!
Good luck
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
It means you are on your way to Greenland very soon!
Good luck
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Ennada
09-16 02:49 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
more...
snathan
05-15 02:28 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
vfx
07-09 11:52 AM
Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?
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hebbar77
03-15 11:38 PM
gc28262 : Thanks million times. I cant describe in words how much that info helps!
No wonder your green dots overflow the line!
No wonder your green dots overflow the line!
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sivasankar_eppe
07-17 08:54 PM
My 140 filled on July 6th 2007 . No receipt yet . How to file 485 without 140 receipt ? Is there any solution for this ?
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Photogenius
04-17 08:47 AM
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ychuck
04-28 08:06 AM
I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.
more...
WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
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ansh78
08-06 08:55 AM
I am in the same boat.
Approved I-140 in EB3 category. Current employer wants to file in EB2 category, they gave me a new job that qualifies for the category but my Attorney says that I have to withdraw my current EB3 application..
I have read so many post here and every where that tells me that it is possible to continue the process but my lawyer says that I need to withdraw EB3 case.... Any one knows good lawyer around DC Metro area with good experience for Eb3 to Eb2 transfer with the same employer
Approved I-140 in EB3 category. Current employer wants to file in EB2 category, they gave me a new job that qualifies for the category but my Attorney says that I have to withdraw my current EB3 application..
I have read so many post here and every where that tells me that it is possible to continue the process but my lawyer says that I need to withdraw EB3 case.... Any one knows good lawyer around DC Metro area with good experience for Eb3 to Eb2 transfer with the same employer
more...
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Raj Iyer
09-13 12:49 PM
Hi:
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
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RadioactveChimp
04-08 02:12 AM
hey thanks....especially from the "pixel-guru" himself ;)
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mihird
09-06 05:59 PM
I started my 10 hr./week part time job 2 years back (I was 4 years on my primary H1 by then). We filed a 2nd H1 and had no problems getting it approved - we got a 2 year approval aligned with the primary H1s 6 year expiry..
My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.
I have an approved I-140 from my primary H1.
I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?
I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?
My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.
I have an approved I-140 from my primary H1.
I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?
I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?
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ss_col
04-18 11:14 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
more...
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senk1s
06-04 01:43 AM
I dont know - but call uscis and ask - also you may take an infopass appointment and find out what to do in such cases
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
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karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
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sanjose16
02-26 01:27 PM
What is the expiration date for her current H-4 I-94?
Jun 10 2009
Jun 10 2009
sumansk
11-29 11:26 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
rb_248
09-10 06:14 PM
Gurus....please share your thoughts.
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