enggr
10-12 12:37 AM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
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roseball
10-08 06:32 PM
Company A did my GC. I am with Company B on AC21. When my GC gets approved i should be able to stay with Company B and not A. Am i missing something?
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
Your case is different as you are protected by AC21 regulations. You can continue working for company B upon GC approval. The original poster's case is different since he changed employers when his labor was still pending and the only way employer A would have justified continuing processing his case was under the pretext that the beneficiary would join the company upon GC approval. Infact, thats the only reason why USCIS continued to process his petition and eventually approve it.
Now, if the job no longer exists at the time of GC approval, then it could lead to serious consequences and GC can be revoked anytime by USCIS if they find this out. Remember, its always the responsibility of the beneficiary to provide relevant/sufficient documentation whenever asked for, even after the beneficiary has an approved GC. Such things will come back and haunt you if not taken care of in an appropriate manner (legal consulation).
skd
07-19 12:20 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Is Tax Return for last 3 years is required document ?
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thehulkdeals
05-14 04:51 PM
Hi all, I need your advice and opinions about my situation.
H1b � Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
H1b � Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
more...
justsomeguy
08-21 10:41 PM
you said you waited 5 years... i says what's another 3-5 months :)
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
vpadman
10-19 09:54 PM
Hello,
I work in Huntsville.
Can we organize some kind of a get together ?
I work in Huntsville.
Can we organize some kind of a get together ?
more...
ras
05-30 01:31 AM
From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
Sure that helps...
I didn't get what the below means
"this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."
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GetGC08
07-31 09:10 AM
The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.
Once again thanks for your reply.
Yes University is very reputed from which I did my Masters & Bachelors.
Thanks.
Once again thanks for your reply.
Yes University is very reputed from which I did my Masters & Bachelors.
Thanks.
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adibhatla
06-16 11:59 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.
Regards
MA
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.
Regards
MA
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ArkBird
06-08 12:13 AM
Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...
Any idea what's in store for the future...
May be a "personal edition" of CIR with Skill Immigration provision.. They (read big boys) need H1B desperately so they might put lipstick on pig by addiing SKILL provisions....
Who knows.. US politics is beyond any logic..
Any idea what's in store for the future...
May be a "personal edition" of CIR with Skill Immigration provision.. They (read big boys) need H1B desperately so they might put lipstick on pig by addiing SKILL provisions....
Who knows.. US politics is beyond any logic..
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jamesbond007
11-19 03:32 PM
Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:
Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.
Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.
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gusmig
04-26 11:19 AM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
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va_il
12-18 03:25 PM
With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.
Any insight would be appreciated.
Any insight would be appreciated.
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green_mile
10-04 02:09 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
more...
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Lasantha
10-06 07:48 AM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
That's what I'm talking about ! :cool:
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
That's what I'm talking about ! :cool:
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tnite
03-31 06:24 PM
Hi All Gurus:
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
I am changing my employer with pending I-140 and I-485 both > 180 days.
RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04
I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.
Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.
if RFE goes unresponded is MTR the only option left??
Thanks in anticipation.
If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
You can change your employer 180 days after filing your I485 provided your I140 is approved.
Think twice before you act
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GCcomesoon
05-12 08:49 AM
Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
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amitjoey
06-09 02:29 PM
One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....
India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!
India EB3 Jul 2001 is current and he still haS not gotten his card. That Sucks!!. That means, it is still largely your luck!!
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katrina
05-31 01:05 PM
You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.
Ramba
01-08 12:09 PM
Thanks all for the advise/comments. Mixed opinion. I was hearing that, because of Indian Rs gaining stongly aganist US$, outsourcing to India is not cheap anymore. I also informed that hiring fulltime/permanent employee in US is cheaper than outsourcing. I do not know howmuch true it is.
IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?
IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?
gc4me
04-23 10:18 AM
this statement is not true. USCIS does not send I-140 approval to alien as it belongs to employer.
u will get a copy of the approval notice directly from USCIS though.
u will get a copy of the approval notice directly from USCIS though.
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