vselvam
12-04 01:30 PM
July�07 filer - H1-B renewal after filing I-485 (12th Year)
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
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thementor
04-14 11:54 AM
Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Pal,
Thanks for your reply!
I'm not working for my new employer.
New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Pal,
Thanks for your reply!
I'm not working for my new employer.
New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.
CHHAYA
09-27 07:36 AM
My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?
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maco
07-31 04:10 PM
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
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seemashah
02-21 05:29 PM
usually a CPA can give an audited report ...or the bank auditors can
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
Is the company a Corp, LLC or sole prop?
>>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...
we_r_d_world
09-18 02:45 PM
I know people work for county on EAD, but can one be employed by the US government on EAD?
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
more...
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jasmin45
08-09 02:52 PM
Those people who are all stuck in Labor certification.
1. What are the options going forward if our labors are not certified?.
2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
3. Is there a justice and truth in life? Or everything depends only on time and luck?.
4. What if some of us get laid off.........our path ends?.
5. Is there something GOOD waiting for all of us?.
Waiting .......waiting...........waiting................wa iting sucks!.
Dude! Several threads exist for BEC issues, why don't you post your question on one of those. It will be inconvenient for existing and new members who are looking for suggestions/ideas on issues to go over duplicate threads for same information. Please search the forum before you open a new thread.
1. What are the options going forward if our labors are not certified?.
2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
3. Is there a justice and truth in life? Or everything depends only on time and luck?.
4. What if some of us get laid off.........our path ends?.
5. Is there something GOOD waiting for all of us?.
Waiting .......waiting...........waiting................wa iting sucks!.
Dude! Several threads exist for BEC issues, why don't you post your question on one of those. It will be inconvenient for existing and new members who are looking for suggestions/ideas on issues to go over duplicate threads for same information. Please search the forum before you open a new thread.
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martinvisalaw
07-29 02:51 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
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ras
09-05 09:12 PM
http://www.eenadu.net/story.asp?qry1=7&reccount=24
Washington Telugu assn website
http://www.gwtcs.net/
There is a new committe being elected for Greater Telugu Association of Washington. They will be of definite help to IV members during their rally on Sept 18. Can the IV representatives get in touch with these guys.
Some of the contact info
PRESIDENT(President)
Mahesh Gorle
703.793.0191
mgorle2002@yahoo.com
VICE PRESIDENT(organizational)
Trilok Kantheti
703.585.3565
trilok2000@yahoo.com
VICE PRESIDENT(Cultural)
Venugopal Reddy Janga
703.994.4175
mail2janga@yahoo.com
VICE PRESIDENT(Youth)
Aditya Modepalli
(408) 406 8057
aditya2439_2000@yahoo.co.uk
SECRETARY(SECRETARY)
Satya Surapaneni
satyasurap@hotmail.com
SECRETARY(Joint Secretary)
RamaKishore Chennupati
ramachennupati@yahoo.com
SECRETARY(CULTURAL)
Manga Anantatmula
manantatmula@gmail.com
BOARD OF DIRECTORS(BOARD OF DIRECTORS)
Sastry Yanamandra
301.279.9604
BOARD OF DIRECTORS(Board of Directors)
Satish Vemana
703.222.1111
satish@gwtcs.org
Washington Telugu assn website
http://www.gwtcs.net/
There is a new committe being elected for Greater Telugu Association of Washington. They will be of definite help to IV members during their rally on Sept 18. Can the IV representatives get in touch with these guys.
Some of the contact info
PRESIDENT(President)
Mahesh Gorle
703.793.0191
mgorle2002@yahoo.com
VICE PRESIDENT(organizational)
Trilok Kantheti
703.585.3565
trilok2000@yahoo.com
VICE PRESIDENT(Cultural)
Venugopal Reddy Janga
703.994.4175
mail2janga@yahoo.com
VICE PRESIDENT(Youth)
Aditya Modepalli
(408) 406 8057
aditya2439_2000@yahoo.co.uk
SECRETARY(SECRETARY)
Satya Surapaneni
satyasurap@hotmail.com
SECRETARY(Joint Secretary)
RamaKishore Chennupati
ramachennupati@yahoo.com
SECRETARY(CULTURAL)
Manga Anantatmula
manantatmula@gmail.com
BOARD OF DIRECTORS(BOARD OF DIRECTORS)
Sastry Yanamandra
301.279.9604
BOARD OF DIRECTORS(Board of Directors)
Satish Vemana
703.222.1111
satish@gwtcs.org
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Ramba
10-27 05:11 PM
Hi,
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
more...
willIWill
12-10 03:29 PM
Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)
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eb3_nepa
02-25 07:47 PM
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Can you post any supporting documentation for this?
Thanks
Can you post any supporting documentation for this?
Thanks
more...
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jayb1
07-02 10:51 PM
My attorney is encouraging me to take part in the proposed AILF Class Action Lawsuit against the Government by submitting I-485 to USCIS knowing that its going to be rejected. Anyone decided on this? What are the pros and cons? If there is a favorable outcome, I-485 may be accepted at that time (months? / years?). But here is my big concern: if I am a part of that lawsuit, my 485 may be considerably delayed (my PD is Feb 2005) ! I am aware that IV is encouraging lawsuit too. Any comments?
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stephsh
01-20 08:32 AM
I solved it :)
more...
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webm
02-25 09:16 PM
Can someone travel with AP with an expired passport? Thank you.
You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...
You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...
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thomachan72
01-18 01:14 PM
I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
Not sure about that...
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
Not sure about that...
more...
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h1techSlave
10-13 09:11 AM
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
Thanks a lot cnag.
I have completed my finger printing a week back. My 485 receipt says the amount as $395. So the $70 is already included in the $395?
I think I will also get my lawyers to reply to USCIS with the proof of encashed cheque.
Thanks a lot cnag.
I have completed my finger printing a week back. My 485 receipt says the amount as $395. So the $70 is already included in the $395?
I think I will also get my lawyers to reply to USCIS with the proof of encashed cheque.
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ss1026
05-06 10:11 AM
This is a small immigration firm with one attorney but he is very knowledge and detailed . He goes by the book and provides copies of every document that he submits which I personally find very useful. A lot of my friends never get a copy of their applications so I wanted to point this out.
He does not appreciate too many phone calls and is not very patient but I feel he knows what he is doing. His support staff is very helpful.
He does not appreciate too many phone calls and is not very patient but I feel he knows what he is doing. His support staff is very helpful.
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mbartosik
01-28 08:11 PM
URGENT ACTION ITEM
I've asked this of narrower groups, and no luck so far.
Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.
Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.
We have a plan and we have a chance of getting bill 962 revised.
My contact: mark at immigrationvoice.org
my phone 631 233 6830
DO NOT post details here!
I've asked this of narrower groups, and no luck so far.
Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.
Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.
We have a plan and we have a chance of getting bill 962 revised.
My contact: mark at immigrationvoice.org
my phone 631 233 6830
DO NOT post details here!
gaz
12-14 04:34 PM
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
wow! thank you - this is really helpful.
My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?
Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?
Thank you!
wow! thank you - this is really helpful.
My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?
Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?
Thank you!
same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
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