kprgroup
12-28 10:05 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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reddy77
10-24 03:13 PM
Thanks chantu, does that mean we need to keep renewing her EAD every year. Also, can we renew her h4 when I renew my h1. Thanks ....
waitnwatch
05-30 04:29 PM
"Everybody is talking about the illegal immigrants, even though they broke the law," said Patel. "They are going to give them amnesty, but the high-skilled people like us, who are contributing to the U.S. economy - we are overlooked."
Good article giving us some great exposure. Just noticed the above line in the article..... I hope there is no political impact of the use of "amnesty" in the statement. I guess I am being a bit paranoid!
Good article giving us some great exposure. Just noticed the above line in the article..... I hope there is no political impact of the use of "amnesty" in the statement. I guess I am being a bit paranoid!
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nursekm
08-13 01:36 AM
I traveled to Canada and back. The CBP-US stamped both my AP. Can I use the stamped AP for travel?
more...
VMH_GC
07-05 08:52 PM
I agree that i should put this message in the media drive thread. But unfortunately i don't know/have permission to delete this thread, can someone close this thread?
rajkumar_engg
03-12 02:27 PM
Hi,
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
more...
hybrid101
04-02 10:10 AM
loved the "write a letter to become a mod" april fool joke the best:lol:
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arunoman
08-30 03:05 PM
Is it possible to change to Consular processing while I-140 and I-485 is in pending.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
more...
HRPRO
02-15 11:50 AM
You will not have any problems with the move and using your own attorney should not be a problem either.
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badal
11-01 06:59 AM
thanks for putting that into perspective!
I am getting driven nuts as I see the plight of those stuck in name check for years. It is so sad that some of us have had to hold life's decisions waiting for a piece of paper.. thanks anyways.
I am getting driven nuts as I see the plight of those stuck in name check for years. It is so sad that some of us have had to hold life's decisions waiting for a piece of paper.. thanks anyways.
more...
vikramWrites
02-04 01:32 PM
Hi, I am an Indian citizen working on a H1b visa. I need a Canadian tourist visa (TRV). I am planning to go to the Canadian consulate in Detroit. Would you know if Canadian Detroit consulate allows walk-in visa appointments. Is there any specific day or time when they permit walk-ins and how long does it take to get stamping. If Detroit does not, does consulate at Seattle or Buffalo allow walk-ins.
Will really appreciate if you can share your experience.
Will really appreciate if you can share your experience.
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chrisclick
04-11 01:53 PM
Shame, I wanted to see the results.
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pappu
11-16 10:23 AM
You can find all information here
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
We give updates and next action items via state chapters
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
We give updates and next action items via state chapters
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sanju_dba
02-11 09:49 AM
are you doing/done AOS or CP for your GC ?
After you get your GC , ideally you have to keep doing your job role mentioned/related in your LC. Pay cannot be less than local wages set in Labor dept.
If you are compelled to work for your Sponsoring employer then may be 6months is enough .
- Above are just my thoughts, please consult a immigration attorney!
After you get your GC , ideally you have to keep doing your job role mentioned/related in your LC. Pay cannot be less than local wages set in Labor dept.
If you are compelled to work for your Sponsoring employer then may be 6months is enough .
- Above are just my thoughts, please consult a immigration attorney!
more...
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STAmisha
06-20 01:54 PM
Hi
My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.
But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?
Thanks
My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.
But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?
Thanks
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ck_b2001
07-02 02:04 PM
Guys,
Making all EB visas current was not the right decision in the first place. That will just shift the backlog from one side to another. The only good thing was interim EAD and AP. When the visa bulletin will come out in mid Sep for FY2008 it will not be too bad provided they have already adjucated 60,000 cases in Jun and would be willing to accept more cases. The dates had already moved quite ahead in Jun 07. In Oct it may turnout to be "C" for some categories and show significant movement for others.
I hope we can still use our current medicals provided it is no later than on yr. we may have to sign the documents again with new sign date.
I am devastated myself but thats all we can do at this point. i really dont think lawsuit will do any good. uscis knows what they were doing. Though all this may help in creating a momentum for CIR, Skill Bill once again.
Making all EB visas current was not the right decision in the first place. That will just shift the backlog from one side to another. The only good thing was interim EAD and AP. When the visa bulletin will come out in mid Sep for FY2008 it will not be too bad provided they have already adjucated 60,000 cases in Jun and would be willing to accept more cases. The dates had already moved quite ahead in Jun 07. In Oct it may turnout to be "C" for some categories and show significant movement for others.
I hope we can still use our current medicals provided it is no later than on yr. we may have to sign the documents again with new sign date.
I am devastated myself but thats all we can do at this point. i really dont think lawsuit will do any good. uscis knows what they were doing. Though all this may help in creating a momentum for CIR, Skill Bill once again.
more...
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jimytomy
07-19 09:32 AM
^^^^^^^^ bump .
Hello guys any thought on above question ?
Hello guys any thought on above question ?
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jamesingham
08-23 07:53 PM
I know we cannot Assistantship on H4, but do you know for sure we cannot accept scholarship also ?
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India_USA
09-09 08:15 AM
Isn't this the same argument one of the members said regarding the 500 visas not allocated to EB3 India last year?
EndRetro
07-05 08:44 AM
Hi,
I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.
If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.
What would be my Options.
Please advice.
if you got married before the approval of I-485 you can file for your spouse's 485 even after your 485 id approved. Search for "follow to join" clause, this has it covered.
I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.
If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.
What would be my Options.
Please advice.
if you got married before the approval of I-485 you can file for your spouse's 485 even after your 485 id approved. Search for "follow to join" clause, this has it covered.
Immigration4all
12-12 08:31 PM
You can register a PACER Account through Federal Court Website, then you will be able to search for other WOM cases in your district.
