thomachan72
11-05 06:21 AM
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
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nozerd
02-13 06:02 PM
I have been current for a while too. In 3 months I will complete 10 yrs with same company and this August it will be 8 yrs since filing for GC.
I am working through my senator also as the service request procedure at USCIS is totally crap. I dont even know why its offered .
I am working through my senator also as the service request procedure at USCIS is totally crap. I dont even know why its offered .
gauravster
05-01 10:30 AM
WSJ is already pro skilled immigration and have had numerous articles on the same and keep having it all the time.
We can write to them to give it more PR. But a lot of readers of WSJ are very anti and all the comments are littered by that stuff. As a result, not sure if someone who reads the comments as well finds the articles helpful.
We can write to them to give it more PR. But a lot of readers of WSJ are very anti and all the comments are littered by that stuff. As a result, not sure if someone who reads the comments as well finds the articles helpful.
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hpandey
12-09 09:42 AM
Anybody knows, if the visa recapture included in the dream act?
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
Everything is done only for illegals now a days... why should the politicians do anything for EB immigration for legally tax paying immigrants ?
I don't know who is worse the democrats or the republicans ...
more...
imneedy
05-02 09:25 AM
I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
dixie
05-25 08:46 AM
I think this is independent of sec 508. Countries like India, China, mexico, philliphines, UK (in fact the top 12 immigrant sending countries) are all excluded.
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english_august
09-17 09:07 AM
Read rally updates at http://dcrally.blogspot.com/
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supender
12-28 07:55 AM
Thanks
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LondonTown
05-04 07:58 AM
Hi-
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.
Technically they only fix the errors made by their officers but they can do it if they want.
Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.
If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.
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gc4sk
07-05 09:41 PM
They (USCIS/DOS) want us to go back to our home country after gaining 6 years of experience so that we can compete with them directly.
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ab_tak_chappan
08-12 10:18 PM
Celebration should not need a reason :)
Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
hurrah!....
..
...
...
wait a min..success of what??
Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
hurrah!....
..
...
...
wait a min..success of what??
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msyedy
01-23 02:46 PM
Positive things moving our way. Nice one
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needlotsofluck
07-26 09:52 PM
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
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ramaonline
12-28 07:23 PM
Note that u can only have passive investments (something like investing in stocks) while u are on H1B - Actively working for your business is not allowed.
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tnite
08-18 01:13 PM
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
from webster : speculate -to review something idly or casually and often inconclusively
If you read the last line of the paragaraph from NYT posted by OP "As a result, the total tally of applications received in the last six weeks was not available ", this info runs counter to what NYT claimes USCIS received .
Thats why I speculated. Dont gimme the "dont speculate or confuse us" crap.
take everything with a grain of salt.
from webster : speculate -to review something idly or casually and often inconclusively
If you read the last line of the paragaraph from NYT posted by OP "As a result, the total tally of applications received in the last six weeks was not available ", this info runs counter to what NYT claimes USCIS received .
Thats why I speculated. Dont gimme the "dont speculate or confuse us" crap.
take everything with a grain of salt.
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immi_seeker
09-27 03:29 PM
Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments
more...
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illinois_alum
08-11 03:25 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
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coolpal
02-17 05:45 PM
I am a july filer too.. but neither me nor my wife ever received FP notices... not even the first time.
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
My lawyer and myself contacted USCIS several times over the phone and each time they opened a case for review and replied saying they'll contact me if they need anything.
Anyone else in the same situation as mine?
pal
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desi3933
06-13 08:22 AM
PD is always LC filing date.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.
He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.
There might be a little risk if the old one he got was a substituted one.
.
Incorrect. It is not always.
In most cases, LC filing date is the Priority Date.
A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.
He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
Incorrect.
There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.
There might be a little risk if the old one he got was a substituted one.
.
dummgelauft
09-11 08:36 AM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.
texcan
09-17 03:06 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
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