logiclife
06-01 07:04 PM
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
wallpaper During World War I,
JunRN
12-28 09:32 AM
Delete your cookies. Hit the "back" button showed on the USCIS page (not the "back" button of your internet browser) and then, try it again.
That should work.
That should work.
Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
2011 World War I. Propaganda
satyasaich
05-01 01:36 PM
If you carefully see the qualifying options for an emergency appointment (who stays and currently working in US can easily qualify) , we can chose the earliest available date at any of the centers like Mumbai/ New Delhi/ Kolkata/Chennai. But the catch is first of all you have to entrust someone in india to go to HDFC bank to pay the fee and get the receipt number.
Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.
Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database
Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.
Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database
Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
more...
IN2US
07-26 05:23 PM
You can get EAD even if your I-140 is pending.Correct me if I am wrong.
That is correct.
That is correct.
michael_trs
05-14 10:55 PM
roseball,
Ok...ok...I am working as an attorney partime... for myself...kidding.
joydiptac,
"may not make the cut easily" - what do you mean?
Ok...ok...I am working as an attorney partime... for myself...kidding.
joydiptac,
"may not make the cut easily" - what do you mean?
more...
gc4me
02-09 10:17 AM
You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
2010 World War I Erupts
uma001
05-24 10:14 AM
you may get 100 points it does not matter, We are still going to have country caps ...
How can i get 100 points, i dont have TOEFEL score and no relatives in US.
How can i get 100 points, i dont have TOEFEL score and no relatives in US.
more...
vxg
06-04 09:21 AM
The new bill does not care about STEM. The only qualification you need is a degree in ILLEGAL immigration.
hair army. A propaganda poster
eb3_nepa
03-28 12:02 PM
Doesn't matter.
What do you mean it doesnt matter??
PD and country of date are the FIRST & FOREMOST things that matter when it comes to getting ur GC. Just coz his friend got his doesnt mean anything. The friend could be from a different country or having a MUCH older PD.
What do you mean it doesnt matter??
PD and country of date are the FIRST & FOREMOST things that matter when it comes to getting ur GC. Just coz his friend got his doesnt mean anything. The friend could be from a different country or having a MUCH older PD.
more...
InTheMoment
02-27 01:16 PM
UnitedNations,
While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.
Leslie535,
Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.
While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
It's another thing that none of us used that I-130 ever.
Leslie535,
Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.
hot 30 World War I Propaganda
ghost
02-07 11:19 AM
Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.
Immigration Policy: Highly Skilled Workers and U.S. Competitiveness and Innovation - Brookings Institution (http://www.brookings.edu/events/2011/0207_immigration.aspx)
Please contact Brookings Communications at the contact info provided for the event material.
Immigration Policy: Highly Skilled Workers and U.S. Competitiveness and Innovation - Brookings Institution (http://www.brookings.edu/events/2011/0207_immigration.aspx)
Please contact Brookings Communications at the contact info provided for the event material.
more...
house [Poster]
funny
01-29 06:30 PM
Sam thing happened with my wife, USCIS denied her I131 saying they have already approved the 485 so no need for I131. My lawyer thinks that this was a mistake from USCIS and we applied for her I131 again.
Hope this helps.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
Hope this helps.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
tattoo german 3 - World War Two
mambarg
08-15 12:15 PM
INS has already issued receipts for July 2nd filer.
IF you are before it , then you have to file again by tomorrow.
Why take risk.
They might have lost application .
Second filing is justified in your case.
IF you are before it , then you have to file again by tomorrow.
Why take risk.
They might have lost application .
Second filing is justified in your case.
more...
pictures during World War One,
javadeveloper
07-18 10:04 PM
I FOUND THIS URL https://efiling.uscis.dhs.gov/efile/ , can someone pls confirm
dresses world war 1 propaganda posters
gc_buddy
03-07 04:55 PM
It took me about 95 days, from start to finish.
Can you please share which service center and the dates..
Can you please share which service center and the dates..
more...
makeup World War II Poster Collection
![world war 1 propaganda posters. [Poster]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_sYbWLSJYkNbiszdqCWL78uxnf1nF_94O5DBTNQtz715TLRWQXDy74icPepNfChOULmuwvlK4Uv8Zkf4e6H64YoQu9XDAMKf36T5oVvyavoEXUdD25rJMg5LJioJznQXWJj8qF3e53g6bCMVw=s0-d "[Poster]")
SunnySurya
08-03 08:32 PM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
girlfriend poster image
Lydia
06-15 01:36 PM
can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
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glus
11-06 02:30 PM
If I renew my H1B can I avoid visa stamping by using the AP travel document.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.
I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.
Munshi75
03-07 09:52 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
lost_in_migration
05-15 09:55 AM
Nice to see a handsome number of PD Current ppl still visiting the site ;)
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