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desi3933

03-02 10:37 AM

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

If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


____________________
Not a legal advice
US citizen of Indian origin

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krishnam70

05-06 11:52 AM

Here is my story, Immigration experts are requested to suggest.......

My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.

In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)

Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)

Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.

H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)

Never filed an AC21.

What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?

Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.

Experts please suggest........

Here is my observation

1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

- cheers
kris

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a_yaja

03-17 02:35 PM

Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?

Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.

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sina

01-15 09:52 AM

You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.

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DSLStart

03-10 08:31 PM

Yeah, definitely it looks like they are having problem only with certain states. Before this happened, I noticed that in Feb it allowed to transfer maximum of only $1000 to India in once transaction. Earlier the limit was some $5000 per transaction.
May have to shift to ICICI now. How is money2india e-Transfer? Hopefully their ACH direct debit is still operational. Is the service good and reliable?
Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)

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gcwatchdog

10-18 01:58 PM

No need to worry even if it's warning...
I had a same situation with my wife FP yesterday.
she got warning for 2 fingers........
I asked FP officer why the warnings and does it cause any problems.then
she replied nothing to worry it happens somtimes..
then asked again do we need to comeback again for FP.....
she replied no..not necessary unless and until FBI has any questions...

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thunderbird

08-21 03:33 PM

I have the similar situation, worrying about not getting receipt before expiration date. I called USCIS, the lady told me that as long as I filed before the expiration day, I'm okay to work. If someone else could call USCIS, get different people answer this question, and confirm this, that will be helpful.

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whitecollarslave

01-23 01:37 PM

$1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
Its only extensions which are a long time.

USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.

I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.

You can always make your employer pay for the fees.

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gc_on_demand

05-01 12:05 PM

1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.

2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.

Correct .. I am in same situation..

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vgayalu

06-19 09:53 PM

I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.


I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.

vgayalu

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H1BDreamer

05-27 09:48 AM

Hi, I'm very tensed. I applied for H-1B under master CAP. I have finished all degree requirements including depositing PhD thesis. However, at the time of filing I could not wait for a letter from the registrar (it takes 5 business days).

So, I filed with a letter from my dept. The letter has the letterhead of the university and states that I completed all degree requirements and will graduate May 13th. It is signed by the dept associate dean.

Would that suffice? Could the petition be denied?

I have seen some denials but all for ppl who hasn't actually completed all requirements at the time of filing.

Thanks for any replies.

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latbsol

02-25 11:19 AM

Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.

It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?

Thanks

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akhilmahajan

07-30 07:56 PM

EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.

P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.

Did you try to contact some one at the office. Mine is March 2007, but just reading your case, it gives me butterflies. I dont know whats going on and with all the 485 applications god knows whats going to happen. I hope u get it soon.

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bsbawa10

08-16 09:35 AM

I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.

I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t

Link below:

http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

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bkn96

02-18 10:58 AM

My MTR got approved in 2 months from TSC.

But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?


I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.

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GreenCard4US

08-21 02:22 PM

Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.

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gmail

07-22 01:31 AM

Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.

http://www.immigration.com/newsletter1/amendac21.pdf

Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.

I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.

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ganguteli

02-03 02:55 PM

Abbe fairyangel ,

Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.

Stop blady shit...and concentrate on yor work....mental Ididiot

Niceguy

Even if you try to wrte incorrect english and spellings to make it look like some Indians who are not that good with the language, you will still be caught. :D

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ChainReaction

08-04 07:53 AM

from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.

We don't need a web based status check system for our labor it just might be another tack tick to further delay labor processing. We have waited so long some even more then 5 yrs and we know that our case is still in process ; we simply shouldn�t care if BRC create some stupid website or not to show that our case is still processing, as long as they keep their word this time and finish all pending labor processing by September 07

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dsneyog

01-15 09:36 AM

Now I feel like they are just holding mine. LOL. Good to know.

My application received: Dec 2
Check cashes: Dec 7
Status: Initial Review
Expedite Request file: Jan 14th



I paper filed AP at TSC on Dec 14 ( Renewal)
Check cashed on Dec 16
Ap received on Jan 9

Total : 3 weeks

Paper filing works better for AP at TSC.
( I had a bad experience when I E-filed at TSC last time.)

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smartboy75

10-01 06:35 PM

If you did ask for a fee waiver could you check that you entered the right receipt number? This could be someone else's case as I don't think you would qualify for a fee waiver.
My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...

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