felix31
06-05 10:15 AM
My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
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TeddyKoochu
04-22 03:47 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
austingc
12-26 10:41 PM
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
varumo_varatho,
I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.
Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.
You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.
If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
varumo_varatho,
I do not know you personally and I did not mean to attack you. First of all I am really so sorry that you felt that way and I apologize for that. When you post something in the forum, it’s not personal anymore. There are lots of people give free opinion based on rumors and confuse the person. There are a lot of so called lawyers around us who makes so many mistakes and ruin innocent people’s lives. In my opinion, people in the forum know immigration policy better than them. That’s why folks come here to post their questions. I have been around in these forums for years and years and reading several forums since 2003. I do not post anything unless until I had personal experience or I know the answer for sure. I have seen people repeatedly post incorrect information which completely contradicts original poster’s question. So once again I apologize and I have nothing personal against you.
Let’s come to the topic. The original poster clearly mentioned that his 140 was denied and his current H1B approval was based on his pending labor and since he applied for I-140 it is not pending anymore. Your answer was ‘He can file extension based on approved labor’. He did not mention anywhere that he filed his extension based on approved labor.
You said ‘H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions. You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience’.I had asked you to tell us exactly about your personal experience to clarify things here but you did not post it. I think you may have forgotten. Again, I am not attacking you personally but wanted you to post your personal experience that was related to the original posters question here, so people who read this particular topic can get educated including me. You are welcome to post any link to USCIS guidance if you have one.
If you want to say anything about me other than the topic then you can send me a personal message and we can talk, so we will not waste everyone’s time. Yes, I made a mistake by asking you to change your screen name but lets take that away from this topic.
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prinive
03-27 07:03 PM
:rolleyes:
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katrina
01-04 02:52 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
gk_2000
01-26 07:09 PM
Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)
PR Newswire is AWESOME!
PR Newswire is AWESOME!
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sad_angel
05-18 02:09 PM
any answers please?
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ramhs
07-08 03:20 PM
There is no drives even in a 1000 mile radius from where I live, hope this guy gets what he wants, looks like this guy has lots of support, lots of money. Can we do the same for all such people in India, there are probably hundreds of thousands of people in India who are in this situation who have no help like this guy. We should take our mind away from DOS and USCIS for a while and do some better things like this.
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green_mile
10-04 02:09 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
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monkeyman
01-04 12:15 PM
Let me start off by saying this is simply not the right forum for such discussions. You are better off using monster.com or some other job related sights.
As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.
SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.
As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.
SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.
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linuxra
02-18 09:56 PM
what can i do with my EAD then?
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom
what are my options
so is it risker to work on ead
i am completely confused
can anybody answer my question?
current h1 with vsginc
i-140 with axiom
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bsbawa10
09-06 03:50 PM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.
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ssnd03
07-20 01:33 PM
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.
It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.
Even with all pending I485s, USICS will not be able to predict yearly usuage or forward date movement with 10%-15% unpredictability or delay in FBI name-check. I expect upto 10% loss of annual visas every year.
It remains to be seen how many visas are lost in FY 2007 even though they say "Unavailable". I expect them to return those allocated visas to DOS for which they thought FBI checks will be over shortly. I am sure these visas will be lost yet again.
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lvinaykumar
04-16 07:09 PM
I am waiting to hear something for my wife. She would hate it to sit at home for one year
Let see......
I will update this thread if i hear something
Let see......
I will update this thread if i hear something
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immi_enthu
08-28 10:40 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
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immi_2006
10-08 06:24 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
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akhilmahajan
05-01 07:32 PM
Thanks for the information..............
i always thought that it meant, that they are processing that day applications.
i always thought that it meant, that they are processing that day applications.
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keiryu
08-20 04:07 PM
When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.
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gcpadmavyuh
09-23 11:54 AM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
redgreen
09-25 04:52 PM
There are diversity lottery, asylum, etc, options also for gc.
However, the main points of getting us citizenship is described clearly in it.
However, the main points of getting us citizenship is described clearly in it.
ajp5
11-02 12:31 AM
Talk to your company Liar (lawyer) first. My non-legal advise is
1. Ask lawyer to request more time for the RFE
2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.
You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)
1. Ask lawyer to request more time for the RFE
2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.
You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)
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