LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
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rockstart
03-09 11:45 AM
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
legalrights
08-19 12:27 AM
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
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richana
02-12 10:29 PM
Yes, it is called the 10 year law.
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sanju
07-19 11:31 PM
Thanks for the response.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
So your application was applied in Employment Based Green Card category and your priority date is March 16, 2001. Your I-485 is pending since 2002.
What is your current status? Were you ever out of status while your stay in US? Have you contacted your sponsoring employer or the lawyer who applied for you? I suggest you call and speak with your attorney first thing Monday morning. Did you pay full amount to this guy, I mean your attorney. If you did, too bad, its time to pay him another $2 million before he returns your phone call.
Also, if I were you, on Monday morning I would call and speak with the lovely folks on other side of the 800 number we all love chatting with. They are soo sweet, isn't it.
Many members on the forum seem to think that the priority date getting current means that its time to check the mailbox every evening to receive the GC. Guess not, I have known many folks who waited for 2-3 years even when their dates were current all that time.
But in your case, there seems to be something too awkward as the status note says that your case has been transferred to DC. Are you a diplomat of another country? Just curious.
My Priority Date is:
March 16, 2001.
What can you guys tell me?
Thanks.
So your application was applied in Employment Based Green Card category and your priority date is March 16, 2001. Your I-485 is pending since 2002.
What is your current status? Were you ever out of status while your stay in US? Have you contacted your sponsoring employer or the lawyer who applied for you? I suggest you call and speak with your attorney first thing Monday morning. Did you pay full amount to this guy, I mean your attorney. If you did, too bad, its time to pay him another $2 million before he returns your phone call.
Also, if I were you, on Monday morning I would call and speak with the lovely folks on other side of the 800 number we all love chatting with. They are soo sweet, isn't it.
Many members on the forum seem to think that the priority date getting current means that its time to check the mailbox every evening to receive the GC. Guess not, I have known many folks who waited for 2-3 years even when their dates were current all that time.
But in your case, there seems to be something too awkward as the status note says that your case has been transferred to DC. Are you a diplomat of another country? Just curious.
arnet
09-08 05:27 PM
i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
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kmk2002
09-27 01:11 PM
Never recvd my FP notice. I took lawyer's copy (original) and FP was scheduled the same time/location as my wife. Our kid was not happy being there (crying) so they did our FP's on a priority.
2010 funny happy birthday.
kumarc123
10-22 09:28 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
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eb3retro
08-21 05:46 PM
This is great - thank you!
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
all the best jazz..
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
all the best jazz..
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mudigondag
01-25 12:09 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
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ppt.b
11-19 12:04 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
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edaltsis
05-06 12:51 AM
Per the law no matter what:- You need to prove that you have a job and that should be same/similar job that of your Labor. I cant advise you to go with option 3 as it's at your will. I am not sure about option 2 if USCIS will really accept because you are supposed to have a job in hand. Green Card is filed based on Future Employment but it doesn't mean that you can be without job until you get your Green Card.
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
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nixone
07-30 05:02 PM
I applied on April 17th and got it approved on May 30th.
EB2 or EB3? Master's degree or BS + 5 years?
EB2 or EB3? Master's degree or BS + 5 years?
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Devils_Advocate
03-22 02:40 AM
Rest in Peace
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sshrika@gmail.com
10-15 10:17 PM
Hi mattresscoil,
<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
>>>>>>>>>>>>>>..
I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?
Thanks
<<<<<<<
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
>>>>>>>>>>>>>>..
I completely agree with you on the above. Can you give some more head on "get hold of good consulting company(ies)" that you mentioned above? What should be the way?
Thanks
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harsh
12-30 11:17 AM
what is interesting is why is EB2 stuck on Jan 2003? At least with EB3 we know that due to 245(i) it was stuck for a long time in April. I still can't figure out EB2 is stuck for such a long time in Jan 03.
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questions
06-06 02:02 AM
Hi Bhatt,
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
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mariner5555
01-08 01:55 PM
well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?
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Ram_C
11-21 12:06 PM
Happy Thanksgiving to IV Family.
-Ram
-Ram
Ramba
03-28 10:49 AM
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.
Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.
Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.
gc_buddy
11-19 01:17 PM
Thanks everyone for the valuable inputs..
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