imneedy
09-04 11:56 AM
.....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.
This is not correct, you only have to worry about spouse at I-485 stage.
This is not correct, you only have to worry about spouse at I-485 stage.
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gcformeornot
04-04 07:39 AM
need to in good condition from your PD. So whatever adjustments they are doing needs to be done since PD. I hope your lawyer knows this.
nashim
09-08 01:39 PM
lol
2011 shadow as pokemon cards!
gc_on_demand
04-04 10:41 AM
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
When you are in USA and want to adjustment of status with USCIS then only you need to fill out I 485. If you are in USA or not and want to apply for gc at abroad consulate then you select option in I 140 form which will route your I 140 once approved to NVC. NVC keep I 140 with them until they think date will be current soon. and they send out fee invoice.
If you pay fees and still your date doesn't become current for year , you loose fees since consulate return file back to NVC after a while. Generally NVC be little cautious and guess date so applicant don't loose fees, from this I think if any one get fees notice beyond July 2007 then we can safely say that date will be atleast there at the end of year.I read online that one lawyer mentioned his / her client got fee notice for Nov 2007 case. To me date will go upto Nov 2007 by Sep 2011. I would like to find if more people are getting such fee invoice mail / email.
more...
gc_chahiye
12-17 03:22 AM
Team,
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
they can withdraw your I-140. That DOES NOT impact your AOS in any way.
Wait 180 days, and you are safe from B.
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.
Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
they can withdraw your I-140. That DOES NOT impact your AOS in any way.
Wait 180 days, and you are safe from B.
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.
Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).
vjkypally
06-02 01:14 PM
It was just for me, primary applicant. They asked for my status from 1999 to 2004 including my I-20, 797's etc and also I-94 and EVLDid u receive rfe for both applications are just the prime application (assuming you).
more...
sumanitha
07-12 05:35 PM
Take one by one and try to answer properly.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.
State--> Immigration --> Justice are all same with different names.
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
I dont think whatever you are saying is true...
State--> Immigration --> Justice are all same with different names.
Please be careful while you post since lot of people are viewing it.
1. What is CIS is returning visa #'s to DOS.?
There are some unused and unallocated visa numbers reported by various means. Few# got reported by consulate abroad and few reported by USCIS.
2. How USCIS and Consulate can report unused Visa #'s?
You might be reading the I-485 rejection cases by CIS and Consulate
You might be hearing about USCIS is unable to process the applications received
You might be hearing people could not able to file whose cased were current in June.
All these Visa #'s are reported back
3. To me around 20000 such numbers are available for this years quota
4. Can my applications sneak into this #?
Answer is uncertain.
If your have an old priority dates then probability is high
If you have recent 05/06/07 priority date then there could be issues in issuing an EAD. People whose PD are old will take legal action against USCIS of they do not consider their case and approve yours.
5. What would August VB have?
If they do not approve any July2 filling then here is what they will do
a) Retain petition with old PD and adjust them in Aug
b) Reject all I-485 application for candidates recent PD
They are making a decision fast, that the reason Aug VB is not yet published
6. Will USCIS reverse the new decision?
Answer is NO. Why? There is no such pattern in USCIS behavior and July time is running out.
7. How about Law suite?
:) Do not worry there is a slick chance. All govt depts. are inter related.
Don�t you think Justice dept does not know about this before issuing the reversal notification in July. All CIS communication also being forwarded to Justice dept.
State--> Immigration --> Justice are all same with different names.
I have no hope from this process. It's just building a fake hope.
8. People are still filling the application.
Candidates are filling because of advice of their attorney. When you deal with the attorney directly they will encourage you to apply because they will get the money now.
There is no guarantee that you will process your application from XYZ law firm in Oct.
If you file now through them, you are bonded with him until you hear some good news from CIS.
There is a say in India.. Always try to out of trouble and Attorney. They will tell everything is possible.
Another thing after July 16th, I am not sure if they can charge money to you directly. They will rush you to pay before just 16th.
Declaimer: I am not an attorney or do not have any background of law. This is my conclusion from reading IV and many other forums. My PD is 2007 EB2.
I dont think whatever you are saying is true...
State--> Immigration --> Justice are all same with different names.
Please be careful while you post since lot of people are viewing it.
2010 2010 Funny Pokemon Card 2 by
morchu
05-12 12:06 PM
Greg,
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
more...
coolpal
03-27 12:45 PM
I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
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sanojkumar
02-12 12:39 PM
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
more...
stuckinretro
09-04 10:52 AM
This is confusing. What is the source of this post?
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.
2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.
This is what I found in another thread:
"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application.
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somegchuh
10-27 11:36 AM
My wife called VFS in New Delhi and they said it is normal procedure for them to keep the originals and mail them back with the passport. We will see how it goes.
more...
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suman
12-17 10:00 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
It does not give nay reason. It does not even say to appeal..
Thanks
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rajunpatil
08-30 05:02 PM
--------------------------------------------------------------------------------
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
more...
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pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
dresses picture I find very funny.
jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
more...
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bmoni
08-21 10:34 PM
Thanks bushman06.
girlfriend Pokemon trading card fame.
rampaadh@hotmail.com
05-18 08:08 PM
can you please give me the link? I searched Murthy's site, but could not find the link.
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
Today I called the uscis help line, they said the AP will be invalid if resident status is approved and I need to take "return resident visa" for my kid by contacting at the chennai consulate. I am going to call the chennai consulate tonight and let me see what they say.
Any suggestions?
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johnggberg
07-12 03:09 PM
I checked with my lawyer, she did not received it yet.
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it
bzuccaro
11-08 05:23 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
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1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
RSM1444
04-04 02:05 PM
Some body with priority date of Dec 2008 voted yes. It looks like some confusion.
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