ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
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decastod
07-23 12:46 PM
Mine was signed my "R. William" ... there you go again with R sequence.
aka
05-17 07:09 PM
Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
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MetteBB
05-11 01:50 PM
The mango redone (not too sure about this one)
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martinvisalaw
03-09 12:30 PM
My understanding is, while your AOS is pending, you're in parolee status.
You are only a "parolee" if you used Advance Parole to enter the US. Some people don't get AP, or don't use it.
You are only a "parolee" if you used Advance Parole to enter the US. Some people don't get AP, or don't use it.
studentoflife
11-01 03:52 PM
My employer tells me that he filed my labor on 22nd August (under PERM, EB2 category) but he has not given me any details like what center, etc. I have asked him those details. He just told me that he will get an email once the labor is approved. Its been 2 months and the labor has not yet approved.
What can I do to find out if he really has filed my labor or not ? and what is the status right now
any help/ideas will be truly appreciated
Regards
StudentofLife
-----------------------------------
Keep learning till the end of your life
What can I do to find out if he really has filed my labor or not ? and what is the status right now
any help/ideas will be truly appreciated
Regards
StudentofLife
-----------------------------------
Keep learning till the end of your life
more...
nsync1979
06-18 02:22 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
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GCVivek
04-10 01:18 AM
Almost all visitors from most countries need to appear for visa interview before coming to the US. As for the question about the student niece, there are more formalities. DS-160 is the least of them. School must approve and issue a SEVIS form, you have to show lots of documentation to show you can financially support the student or she has funds. I know because I have my niece here who i have sponsored but she is in community college. I suspect for 8th grade to be even more strict. Check with US consulate for requirements of interview in your home country.
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jsb
10-30 04:08 PM
I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.
Thanks
-Kiru
From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.
Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.
Thanks
-Kiru
From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.
Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.
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gcformeornot
12-06 12:24 PM
case transfered from CSC to NSC. See signature for details.
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gsc999
07-15 04:42 PM
We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.
This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion
This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion
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sairam
09-17 03:32 AM
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
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lostinbeta
09-06 10:28 PM
Eh, I actually have to say I liked it better the last time.
tattoo I love you! Hugs!
TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
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masti_Gai
01-05 09:04 AM
coz...
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
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saileshdude
12-03 02:26 PM
Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
more...
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GCNirvana007
04-01 01:44 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
Did you file con-current
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apatel_17
07-18 06:02 AM
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.
please do some research on immigrationportal.com. i recall reading that short visits should not reset the H1B 365 day clock. days of short visits will just not get counted towards the 365 days.
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hopelessGC
04-28 12:02 PM
I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
vishage
11-26 01:59 PM
what is that??
indyanguy
02-02 09:03 PM
Bumping for help..
