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martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
wallpaper 2011 May 23, 2011 · Selena
Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
vikasgarg24
08-04 02:39 PM
You dont need to file 485 again. after i140 approval send a email to SC and they will include new I-140 and Labor in 485
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aquarianf
06-15 03:14 PM
Hi Folks,
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
USCIS is overloaded with work. Since they have to response in 15 days they issue RFE for any reason. So you may try your luck but there are great chances getting RFE with PP.
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
USCIS is overloaded with work. Since they have to response in 15 days they issue RFE for any reason. So you may try your luck but there are great chances getting RFE with PP.
more...
kaisersose
07-28 03:48 PM
Hi,
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
jaamop
04-23 07:52 AM
i'm finishing work on friday and i still havn't got a new job. I'm a really shy person and i hate the thought
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manbeing
12-27 06:48 PM
but on my LCA, my lawyer entered 5/17 as my last day for continuous employment reason.(my first day in my current company was 5/18). Will that be a problem?
All experience letters should indicate the last date of your employment as 5/15.
All experience letters should indicate the last date of your employment as 5/15.
2010 May 23, 2011 · Selena Gomez
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February 11th, 2006, 08:12 AM
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gcadream
05-02 03:45 PM
Hi,
I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?
If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.
Waiting to hear back on this ASAP please !!!
I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?
If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.
Waiting to hear back on this ASAP please !!!
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ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
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miguy
08-27 02:00 PM
any other ideas folks???
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desibechara
07-20 07:36 PM
I am keeping fingers crossed.
The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.
So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.
DB
The Cover letter shows the confirmation with employer name and SOC code and Dallas BEC # . It says that ETA750 is enclosed which of course is mailed to lawyer.
So you mean to say that I can file another I140 just with additional information when I receive the package or wait for RFE and then send the originals.
DB
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mudigondag
01-25 12:32 PM
Thanks. I see the same from murthy.com
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)
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sam_hoosier
12-13 12:57 PM
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
more...
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08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
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dreamworld
12-13 05:10 PM
Yes, Finger prints are done in Oct 07
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
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fatboysam
02-12 08:33 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
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shreekhand
02-22 08:41 PM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
kiran24
06-24 02:24 AM
I had a TB test yesterday. Waiting to go to doctor on Monday to get results. Hope I get negative result :eek:
days_go_by
02-12 04:08 PM
Hello
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
The doctor should have given u a sealed envelop, how do u know there is only 1 page? 4 pages of 693 are basically the same form, 4 copies. I think you should be ok, Doctors dont mess this us usually. You need to send this envelop with your papers. Passport number and receipt numbers are not needed, how would you have the file number if you havent filed 485/140 yet?
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
what's in the RFE?
Thanks.
Sorry, need more info about ur RFE
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
The doctor should have given u a sealed envelop, how do u know there is only 1 page? 4 pages of 693 are basically the same form, 4 copies. I think you should be ok, Doctors dont mess this us usually. You need to send this envelop with your papers. Passport number and receipt numbers are not needed, how would you have the file number if you havent filed 485/140 yet?
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
what's in the RFE?
Thanks.
Sorry, need more info about ur RFE
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