sen
02-21 08:02 AM
Guys,
I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?
Please advise.
I have a similar question. I have both H1 visa (valid till Feb 09) and approved AP document. I am planning to use my H1 during my re-entry into US. Do i still need to present/inform about my AP to POE officer?
Please advise.
wallpaper selena gomez
rinkurazdan
05-31 11:17 AM
Keep the cash rolling...for that will only save us from the gross injustice.
dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
2011 selena gomez cute pictures
ivrox
01-29 03:31 PM
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
more...
otovarm@hotmail.com
03-03 01:23 PM
Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
fullerene
11-17 01:30 PM
H1 application for 2008 starts from April 1, 2007. I believe-before that date, HR of big companies should have recruiting policy for the year already. So it might be diffult for them to adjust if the bill is passed after April 1.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
I think when the time closes to April 1, the petition for changing the current H1 blackout will be pressurized. From the industry point of view, the bill for H1 will be settled luckily in Jan or Feb.
more...
snathan
03-27 12:49 AM
Hello,
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
2010 pictures Cute Selena Gomez
lecter
January 6th, 2005, 09:40 AM
Here's the thrid in my "tryptich"
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
more...
don840
04-03 06:06 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
hair selenaaaaa gomez soooo cute
yabadaba
04-07 09:50 AM
This is the question on the N400 (application for citizenship)
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
more...
immigrationvoice1
11-29 04:55 PM
I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
hot couple. david
greenlight
02-18 05:02 PM
go to USCIS cases status page and create an online profile. Then you can add any immigration cases by case number to your protfolio. Once you do that, you can see the Last Updated date everytime you login. Everytime you get status change on your case, the LUD will change. But sometimes, LUD will change without any visible change on your status (known as "soft LUD").
Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.
Hopefully that is a complete glossary of everything LUD.
Thank you very much!
Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.
Hopefully that is a complete glossary of everything LUD.
Thank you very much!
more...
house Is Selena Gomez Dating
gc_maine2
03-26 09:11 AM
Does anyone have experience flying in Qatar airlines, My mother in law is planing to fly by Qatar airlines. Any info would be great.
Thanks
Sree
Thanks
Sree
tattoo selena gomez outfit ideas.
tnite
09-26 04:05 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!
See my signature for NSC timeline for my I485
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!
See my signature for NSC timeline for my I485
more...
pictures Cute Selena
anilsal
03-17 01:19 PM
it is very important that you seriously consider the options you have at the earliest.
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
dresses selena gomez cutest outfits.
kzinjuwadia
05-25 01:27 PM
Hi,
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
more...
makeup Cute Selena Gomez Picture
gc_peshwa
04-14 12:21 PM
Lets signup for our Freedom...its FREE!
girlfriend makeup selena gomez paige
on_h1b_since_1998
06-20 12:15 PM
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
hairstyles selena gomez cute outfits.
RandyK
01-03 04:12 PM
I am waiting to sign up for the monthly.
I don't think it is a good idea to restrict members by the amount they contribute. As we already know we only have around 200 members that actually contribute financially out of the 7K membership.
We are a grassroots organization we need all the foot solders we can get (remember how effective it was in December, when we mobilized together). Restricting users would turn members away and when we loose them, we loose them for good. There will not be any references from those who leave.
Remember Howard Dean's fund raising campaign mostly they collected $10 and $20 not just big amounts for his presidential campaign. We must take what we can and encourage members to participate. When members see what we do they will volunteer.
A first time visitor to our website is not going to trust us to give money with out knowing what we are all about. When we restrict them they will never know what we are doing.
Just think about it. Would you do it?
I don't think it is a good idea to restrict members by the amount they contribute. As we already know we only have around 200 members that actually contribute financially out of the 7K membership.
We are a grassroots organization we need all the foot solders we can get (remember how effective it was in December, when we mobilized together). Restricting users would turn members away and when we loose them, we loose them for good. There will not be any references from those who leave.
Remember Howard Dean's fund raising campaign mostly they collected $10 and $20 not just big amounts for his presidential campaign. We must take what we can and encourage members to participate. When members see what we do they will volunteer.
A first time visitor to our website is not going to trust us to give money with out knowing what we are all about. When we restrict them they will never know what we are doing.
Just think about it. Would you do it?
logiclife
05-11 11:40 AM
Venue
Bombay Palace
2020 K St. NW, Washington, DC
Time
6:30pm to 9:30pm
Valet parking available(Free after 5:30 PM)
Metro directions
(Easily accessible by metro.)
Few blocks from the follow. metro stops:
Farragut North (RED line - Connecticut Avenue and K Street) and
Farragut West (BLUE and ORANGE lines - 18th and I street)
RSVP by Friday (05/12) 4:00 p.m.:
(Please include the total number of people. Children not allowed.)
jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)
Bombay Palace
2020 K St. NW, Washington, DC
Time
6:30pm to 9:30pm
Valet parking available(Free after 5:30 PM)
Metro directions
(Easily accessible by metro.)
Few blocks from the follow. metro stops:
Farragut North (RED line - Connecticut Avenue and K Street) and
Farragut West (BLUE and ORANGE lines - 18th and I street)
RSVP by Friday (05/12) 4:00 p.m.:
(Please include the total number of people. Children not allowed.)
jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)
tertip
03-11 02:39 PM
Hi All,
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
