morchu
05-04 02:42 PM
No the H1B doesn't become INVALID.
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
You just may not be eligible for another extension.
All:
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
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pappu
01-27 02:03 PM
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Congrats.
After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Congrats.
After Greencard, you can actually do a lot more to help this community. We are looking for such GC holder people within IV that are interested in political advocacy. If you would like to get active contact IV.
kishdam
10-25 04:48 PM
Any more thoughts on this issue. I am making a list of documents in three categories: (i) docs/info needed absolutely (ii) docs that are not must but might help (iii) docs that are not needed at all. Please edit this list based on your research (if you can add links/cite docs to support that would be great).
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
With long delays many people will be using AC21 and we might see these question repeatedly - a sticky thread can really help.
(i) Documents or information that is essential (if you don't have these documents or info don't even think about changing jobs and just stay put at old employer)
485 receipt number
Alien Registration number from I140 approval (if its already done)
Employment letter from the new employer with title/function same/similar to labor application
Job functions from approved labor/I140 to get the above
??
??
(ii) Documents or information that is not necessary but is good to have (try to get these documents; if you are not able to get them there might be still a way to use AC21 using a lawyer or something)
A copy of I140 approval
A copy of labor certification
??
??
(iii) Documents you don't need at all (don't loose sleep if you don't have them; even if you dont have them you can use AC21 without help of a lawyer)
??
??
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vvicky72
09-09 03:53 PM
http://www.h1bfraud.com
more...
johnamit
08-13 09:58 AM
advantage I will have is I am guaranteed to stay till my 9th year H1 expires which still has 2+ yrs left, and at the same time take second job on EAD and travel on AP. If I choose to switch to EAD then if the 485 decision is against then I would have no option of staying here.
senk1s
02-06 11:52 AM
H1-
cons:
H1 can be revoked by employer anytime, but they'll have to arrange for return transportation(in my opinion it is not as safe a fallback as it is commonly believed to be) - as always it depends on the employer
EAD:
pros:
One is never out of status till 485 is adjudicated adversely
cons:
H1 can be revoked by employer anytime, but they'll have to arrange for return transportation(in my opinion it is not as safe a fallback as it is commonly believed to be) - as always it depends on the employer
EAD:
pros:
One is never out of status till 485 is adjudicated adversely
more...
longwait4gc
02-23 04:58 PM
Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
2010 Stomach+muscles+after+
amsgc
09-10 12:27 AM
It takes 15 calendar days. You should hear something from USCIS next week.
Good luck!
I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them
Good luck!
I am already in premium processing.They send my papers to USCIS last sept 1 and until now i haven't received anything from them
more...
pmamp
12-05 01:58 PM
I found this link for LC case disclosure data. I don't see any case data for 2005 cases which were filed pre-PERM. If someone has that link please share.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
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jfredr
08-02 05:46 PM
U should be able to collect ur passpost by going to VFS.
I have collected from vfs. in December 2006.
But remember to take the application receipt and some id.
both u and ur wife should go to collect they dont give both to one.
I have collected from vfs. in December 2006.
But remember to take the application receipt and some id.
both u and ur wife should go to collect they dont give both to one.
more...
sweet23guyin
09-25 12:04 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
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p_kumar
08-14 03:35 PM
1/2 million insurance for only $22?. :eek: i am paying $40 for $250K. can you please tell whats the name of the insurance company?.
I think if you applied for I-485, then you can say you are a PR. not sure what are the repercussions, though.
I think if you applied for I-485, then you can say you are a PR. not sure what are the repercussions, though.
more...
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sapota
12-12 04:36 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
tattoo from Stomach+muscles
carbon
05-31 12:38 PM
How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !
more...
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akilaakka
07-28 01:17 PM
Yes I had one
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snehaledu
08-19 04:47 PM
She said the same thing. I CAN work on EAD renewal receipt for 90 days and then get interim EAD card from local office after 90 days.
Is it really true ?
Is it really true ?
more...
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theconfused
12-15 09:57 PM
Dear Nousername,
Thanks for your reply.
My time period without pay stup was 4 months and 14 days = 134 days.
How much was the gap (without pay stub) for you?
Thanks
Thanks for your reply.
My time period without pay stup was 4 months and 14 days = 134 days.
How much was the gap (without pay stub) for you?
Thanks
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franklin
07-05 01:40 PM
I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.
So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)
You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.
When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.
There is easily enough demand from ROW all categories combined to make up the difference.
This is assuming, of course, that the 7% country limits were observed.
btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)
in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...
my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...
No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.
So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)
You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.
When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.
There is easily enough demand from ROW all categories combined to make up the difference.
This is assuming, of course, that the 7% country limits were observed.
btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)
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nat23
03-09 01:16 PM
If I think from company's point of view then what they are doing is that they are cutting down their liabilities. If they put you on LOA they would have to pay for insurance and other benefits. I dont know if its right to read too much between the lines.
I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.
All the best
Cheers
Nat
I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.
All the best
Cheers
Nat
GCD
08-04 08:13 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
You are totally fine. According to the I-485 standard operating procedure, page 10, the following are the instructions for the mailroom person :
"Verify the G-28 for original signature of attorney and applicant. If
only one copy has been submitted and you have concurrently filed
applications, photocopy the G-28 for each application and initial
the copies with your employee number. Annotate the processing
worksheet".
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
You are totally fine. According to the I-485 standard operating procedure, page 10, the following are the instructions for the mailroom person :
"Verify the G-28 for original signature of attorney and applicant. If
only one copy has been submitted and you have concurrently filed
applications, photocopy the G-28 for each application and initial
the copies with your employee number. Annotate the processing
worksheet".
crystal
10-26 02:48 PM
It is like h1 aproval notice with a photograph in it
how does AP look like?. is it like EAD or just a piece of paper.thanks:)
how does AP look like?. is it like EAD or just a piece of paper.thanks:)
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