anandGC
04-27 09:21 AM
Good morning! Please clarify for my case details given below :
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
Thank you
Best regards,
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
Thank you
Best regards,
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achu
09-18 04:19 PM
I applied RIR (labor) as Programer Analyst (030.162-014), But my labor certified copy it say job code as 030.062-010 (Software Engineer).
which code should i follow for future reference like AC21?
thanks
achu.
which code should i follow for future reference like AC21?
thanks
achu.
srikanth003
04-01 10:10 AM
@sac-r-ten - thanks a lot for you quick response... sounds similar to what i've been hearing so far...hope nothing changed recently...
if any one with recent experience on this, please post ur reply. highly appreciated.
if any one with recent experience on this, please post ur reply. highly appreciated.
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texandude
06-21 12:06 PM
Hi,
I have been offered a job with a company who has an approved labor of Priority date Dec 2002. Seems like a good deal but I wanted to know if Labor Transfer is still possible. I mean Labor can be transfered from someone's name to mine.
Please respond ASAP.If I can get a response it'll be great.
I have been offered a job with a company who has an approved labor of Priority date Dec 2002. Seems like a good deal but I wanted to know if Labor Transfer is still possible. I mean Labor can be transfered from someone's name to mine.
Please respond ASAP.If I can get a response it'll be great.
more...
amitga
07-01 08:55 PM
I think you should have added June 30th also.
nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
more...
cr52401
10-02 11:57 AM
1. Where are you planning to go? CAnada. or Mexico or your country of origin.
Depending on the above answer the process will be different.
I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
I am looking for find a way going around this issue and make sure I can come back to us without any problem.
Please let me know if you can help me.
EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.
Thank you.
Depending on the above answer the process will be different.
I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
I am looking for find a way going around this issue and make sure I can come back to us without any problem.
Please let me know if you can help me.
EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.
Thank you.
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skarthy
08-07 05:44 PM
applied June 27th( NSC ), still no FP..
Called them yesterday..the lady said that we need to wait for a 102 more days before they can consider this an issue :eek:
basically, there is no time period for FP , if we dont get EAD in the time frame then we call and ask. That's what the lady suggested.
we need to track if it happening to a lot of people.
Called them yesterday..the lady said that we need to wait for a 102 more days before they can consider this an issue :eek:
basically, there is no time period for FP , if we dont get EAD in the time frame then we call and ask. That's what the lady suggested.
we need to track if it happening to a lot of people.
more...
cooltypes
04-13 11:21 AM
We are indian nationals living in the US - I have an H1-B visa with visa stamp valid till 05/2010 and my wife is on H4 - she has a valid 797 but does not have a visa stamp yet
We are planning to visit UK on visitor visa for 2 weeks .. Is it possible to get a visa stamp in London US consulate and how long does it normally take to get a visas stamp?
Thanks!
We are planning to visit UK on visitor visa for 2 weeks .. Is it possible to get a visa stamp in London US consulate and how long does it normally take to get a visas stamp?
Thanks!
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automaton2
August 28th, 2009, 11:40 AM
Hi
I am getting a d90
I shoot raw
For my d50
I use photoshop 7 with nikon view 6.2.7
capture one 3.75
lightroom 1
photomatix earlier version
apparently none of which will open the nef s from a d90
I have been saving for months I am on a fixed income
WHAT THE H CAN I DO
cs3?
frankly I am ready to sell all my nikon gear and go canon
HELP!!!!!!
I am getting a d90
I shoot raw
For my d50
I use photoshop 7 with nikon view 6.2.7
capture one 3.75
lightroom 1
photomatix earlier version
apparently none of which will open the nef s from a d90
I have been saving for months I am on a fixed income
WHAT THE H CAN I DO
cs3?
frankly I am ready to sell all my nikon gear and go canon
HELP!!!!!!
more...
prom2
10-03 08:23 PM
http://immigrationvoice.org/forum/showthread.php?t=14114
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nixstor
03-02 07:26 PM
Looks like already two dick less Basterds visited this (who left -ve rep for me)
Our intention at IV is not to control any one's speech.
Dont you have any thing else better to do other than instigating another group of people?
Is this what the great state of AP and Telugu culture taught you?
As a fellow Andhrite, I feel ashamed with your choice of words.
Our intention at IV is not to control any one's speech.
Dont you have any thing else better to do other than instigating another group of people?
Is this what the great state of AP and Telugu culture taught you?
As a fellow Andhrite, I feel ashamed with your choice of words.
more...
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MetteBB
05-11 01:43 AM
ok... fair enough.
How about these then:
How about these then:
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Blog Feeds
08-19 05:30 PM
According to a recent Newsweek article, Immigrants irrespective of their legal status are actually good for the job market, and boost the economy.
Lou Dobbs, take note: immigrants are good for our economy. The most skilled create jobs in technology and engineering, says Duke professor Vivek Wadhwa, who estimates that in 2005 immigrant-founded engineering and tech companies employed 450,000 people and generated $52 billion in sales. But even the least skilled more than repay their costs in schools and health care. Two highly respected Australian economists, Maureen Rimmer and Peter Dixon, studied the issue for the libertarian Cato Institute. "The net impact on U.S. households from tighter border enforcement is unambiguously negative," they found, because even low-skilled immigrants expand the economic pie and create jobs farther up the ladder. Cato's Dan Griswold says the study shows a $250 billion difference between the most and least restrictive immigration policies.Read more here (http://www.newsweek.com/id/212147)
Here is what Michael Bloomberg, the Mayor of New York (http://www.businessweek.com/magazine/content/09_34/b4144053830583_page_2.htm), had to say about Immigration and the economy:
America's deep pool of talent and technological knowhow will continue to make it a highly desirable location�and investment opportunity. And if Congress has the sense to fix our broken immigration system, our open society and world-class universities will remain a magnet for the world's best and brightest. That's important: Economists have estimated that every person arriving on an H1-B visa (http://www.h1b.biz/lawyer-attorney-1137085.html) creates jobs for five native-born Americans. Competing for talent and capital will also require all levels of government to invest more in our quality of life�mass transit, parks, schools, and so forth. That will help raise our long-term standard of living, even if real incomes don't rise appreciably in the near term.
More... (http://www.visalawyerblog.com/2009/08/immigrants_create_more_jobs_th.html)
Lou Dobbs, take note: immigrants are good for our economy. The most skilled create jobs in technology and engineering, says Duke professor Vivek Wadhwa, who estimates that in 2005 immigrant-founded engineering and tech companies employed 450,000 people and generated $52 billion in sales. But even the least skilled more than repay their costs in schools and health care. Two highly respected Australian economists, Maureen Rimmer and Peter Dixon, studied the issue for the libertarian Cato Institute. "The net impact on U.S. households from tighter border enforcement is unambiguously negative," they found, because even low-skilled immigrants expand the economic pie and create jobs farther up the ladder. Cato's Dan Griswold says the study shows a $250 billion difference between the most and least restrictive immigration policies.Read more here (http://www.newsweek.com/id/212147)
Here is what Michael Bloomberg, the Mayor of New York (http://www.businessweek.com/magazine/content/09_34/b4144053830583_page_2.htm), had to say about Immigration and the economy:
America's deep pool of talent and technological knowhow will continue to make it a highly desirable location�and investment opportunity. And if Congress has the sense to fix our broken immigration system, our open society and world-class universities will remain a magnet for the world's best and brightest. That's important: Economists have estimated that every person arriving on an H1-B visa (http://www.h1b.biz/lawyer-attorney-1137085.html) creates jobs for five native-born Americans. Competing for talent and capital will also require all levels of government to invest more in our quality of life�mass transit, parks, schools, and so forth. That will help raise our long-term standard of living, even if real incomes don't rise appreciably in the near term.
More... (http://www.visalawyerblog.com/2009/08/immigrants_create_more_jobs_th.html)
more...
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h1techSlave
03-28 11:02 AM
I have started a thread with similar message. Giving GCs to us means atleast another 10,000 home purchases = $3 billion. A few people here supported that idea, a few vehemently opposed and few was kind of neutral.
Worth pursuing in my opinion.
I am suggesting we should write to White House and to the Ben Bernanke in Mass and draw their attention towards a million people waiting for their green cards, logically they should have already got it(10 years waiting is illogical) but if USCIS use Visa recapture these people can get green cards and green cards to these people means a million new house buyers in the market new cars buyers etc etc. Everybody is going to get green card one day, why not now..That will help bail out the housing market. I'm sure it'll strike a cord with the lawmakers as it will benefit them politically....
Worth pursuing in my opinion.
I am suggesting we should write to White House and to the Ben Bernanke in Mass and draw their attention towards a million people waiting for their green cards, logically they should have already got it(10 years waiting is illogical) but if USCIS use Visa recapture these people can get green cards and green cards to these people means a million new house buyers in the market new cars buyers etc etc. Everybody is going to get green card one day, why not now..That will help bail out the housing market. I'm sure it'll strike a cord with the lawmakers as it will benefit them politically....
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ramus
07-05 02:09 PM
Here is media thread..
http://immigrationvoice.org/forum/showthread.php?t=5994
I am keep asking every member to spend 15 mins to find out right thread before opening new thread.. Its very difficult to keep track of every thread..
Please post any media related post on http://immigrationvoice.org/forum/showthread.php?t=5994
Thanks.. Hope you understand.
http://immigrationvoice.org/forum/showthread.php?t=5994
I am keep asking every member to spend 15 mins to find out right thread before opening new thread.. Its very difficult to keep track of every thread..
Please post any media related post on http://immigrationvoice.org/forum/showthread.php?t=5994
Thanks.. Hope you understand.
more...
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GotGC??
01-13 07:02 PM
I was in a similar situation, and they got my PP H1 because of my overseas travel.
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
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pointlesswait
10-07 04:38 PM
to port ur PD u shoudl have ur 140 approved from the first filing!
You can port PD only by sending in the previous approved 140 with the new 140 and request for interfiling!
gurus will correct me if i am wrong!
First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.
Question: Can I port my PD from the first Labor application date now.
You can port PD only by sending in the previous approved 140 with the new 140 and request for interfiling!
gurus will correct me if i am wrong!
First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.
Question: Can I port my PD from the first Labor application date now.
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NH123
06-27 02:21 PM
bump^^^^^^^^^^^^^^^^^
kunjirs
03-03 03:35 PM
Same as EAD card :-)
saileshdude
10-16 01:10 PM
I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !
Anyway, pm me if you need more info. Good luck,
Just sent you a PM
Anyway, pm me if you need more info. Good luck,
Just sent you a PM
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