irock
08-03 05:20 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
mchundi
07-27 08:41 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
optimist578
12-28 09:51 AM
To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.
Thank You.
All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
PLEASE respond
:(
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.
Thank You.
All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
PLEASE respond
:(
more...
krishmunn
03-07 12:23 PM
You will retain your PD.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
Maverick1
09-26 12:25 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
more...
BharatPremi
08-10 05:22 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
tnite
07-26 03:11 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?
If she's not planning to continue working then she has to change to H4.
more...
aarzoo
08-23 06:23 PM
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
gcnirvana
05-14 09:03 PM
This is a EB3 - General Poll across all countries
Can you create one for EB2, please? Thanks!
Can you create one for EB2, please? Thanks!
more...
rayen
05-19 05:01 PM
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
Lalith,
Thanks for the promt update.
Thanks again.
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
Lalith,
Thanks for the promt update.
Thanks again.
EB-VoiceImmigration
09-07 03:17 PM
How about even a much better solution, learn your country's national language......:)
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
more...
beautifulMind
08-08 08:44 PM
Universities are non profit organizations hence not restricted by h1b quota..Try to find a job in a non profit organization till then stay in school ...you can also consider getting married :) which will open up more options for you
Milind123
07-26 12:51 PM
spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
more...
calaway42
10-20 02:41 AM
i found painter 5.. sounds alrite?
uniqueuser
04-03 07:47 PM
Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...
more...
pappu
08-31 01:49 PM
No point in spending time on such a poll by CNN. We all should focus on other things that can bring some tangible benefits to our cause.
HereIComeGC
11-15 03:18 PM
Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.
If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.
Anyway, check with them and the lawyer before you give up.
Good luck
No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net
"Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."
Link: http://online.onetcenter.org/link/summary/15-1031.00
If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.
Anyway, check with them and the lawyer before you give up.
Good luck
No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net
"Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."
Link: http://online.onetcenter.org/link/summary/15-1031.00
panini
06-11 03:48 PM
If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
eb3retro
02-16 09:56 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
meyshimmi
02-06 07:48 PM
Is it me or has there been no posts of recent I-485 denials after using AC21???? If there are, sorry, maybe I haven't seen any lately... If there are none, maybe USCIS has realized their mistake???
I wonder what happened to the conference call with the Ombudsman...
I wonder what happened to the conference call with the Ombudsman...
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