swashbuckler
06-17 12:00 AM
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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pwilliams960
02-07 12:02 AM
The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.
snathan
05-29 10:28 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
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babu123
05-03 03:05 PM
EB2 Non Premium
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
I 140 , Date filed: Sep 20, 2006
Date Approved: Oct 4, 2006
Only in 10 business days.
more...
chanduv23
12-09 10:18 PM
^^^^
smiledentist
10-25 03:40 PM
Thanks, I am not sure if it applies to only H1 or even to I 140.
more...
jagan13
02-25 02:58 PM
I finally got my renewed passport with all the correct details, mailed to me yday. I ended up renewing my license today and got it for 1 yr as I only have the extension notice of action. They never gave me the tracking #, which makes me think they dont normally keep a record of the tracking # in a system for a passport being issued. I think it would be better for anybody trying to apply for a passport through mail, to send a pre paid envelope with a tracking # along with the original application to be used for returing the new passport. But, primarily they are still keeping up with the 40 day turn around as far as passport renewals go.
I appreciate everybody who took time to respond to the thread.
Thanks,
Jagan
I appreciate everybody who took time to respond to the thread.
Thanks,
Jagan
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GCNirvana007
09-10 11:48 PM
You are either unmarried or Divorced....Absolutely kidding :)
Unmarried actually :p
Unmarried actually :p
more...
subba
12-13 07:41 PM
I guess the 10 days is "time for pack up" technically.
That is what the POE officer always stamped on my I94.
I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.
Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.
That is what the POE officer always stamped on my I94.
I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.
Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.
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raj1998
05-19 02:28 PM
Why don't you take an Info-Pass and check with an immigration officer? In case of GC approved but yet to be received at your end, there is a possibility that they can stamp your passport with temporary GC (I-551 i think) for urgent travel.
Try your luck!
Regards
I have booked an INFOPASS. I hope I receive welcome/approval letter well in time to take with me for I-551. I don't think they will entertain email print out
Try your luck!
Regards
I have booked an INFOPASS. I hope I receive welcome/approval letter well in time to take with me for I-551. I don't think they will entertain email print out
more...
dixie
09-18 01:32 PM
No, we are not against the concept of H1-B visas as such .. just that we want it to be conditional on reforming the broken EB system; we believe that is in the interest of all future H1-Bs. In any case, the point of excluding H1-B and FB is not so much that we are against it as to focus our objectives clearly and cut down on opposition - as nycgal pointed out, lot more ordinary americans are concerned about H1-Bs than granting GCs to those already here.
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
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amitga
05-23 01:45 PM
My attorney told me that EAD to H1 will not counted against the cap if the person was on H1 before going on EAD. Is it true.
more...
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SAPGURU
06-30 02:36 PM
Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.
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GC Khichdi
10-24 03:44 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
more...
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whoever
07-19 10:38 AM
please, someone reply.
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pkv
02-08 08:17 PM
Thanks all of you for your responses.
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
more...
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kaisersose
08-04 02:41 PM
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
G-28 is optional and each form has to have its own G-28.
The single G-28 in your case is for the I140. The rest of the applications are signed by you and are your own. if a signed G-28 is attached to each of these forms, then you will not receive receipts, etc. But without the G-28, all the communication will come to you directly, which is actually beneficial.
So everything is alright in your case.
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
G-28 is optional and each form has to have its own G-28.
The single G-28 in your case is for the I140. The rest of the applications are signed by you and are your own. if a signed G-28 is attached to each of these forms, then you will not receive receipts, etc. But without the G-28, all the communication will come to you directly, which is actually beneficial.
So everything is alright in your case.
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Bpositive
08-21 03:33 PM
lots of opinions/answers for your qns...
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mohitb272
12-11 03:11 PM
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
Cannot agree with you more! USCIS - is any one listening???
Cannot agree with you more! USCIS - is any one listening???
johnggberg
08-10 12:55 PM
close this thread please
sbabunle
08-30 04:53 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu
I'm very excited to say that I got my green card approved. Thank you for all of your support.
My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.
Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!
thanks
babu