dpp
01-10 11:09 PM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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June05
10-19 11:00 AM
I have a similar case. Waiting on my PD to become current before I can interfile.
One question - You said you got your new 140 approved with the older PD? How did you do that? I thought you use the older PD when you file 485? My lawyer has not done that - does that mean i will not be able to use my older PD?
One question - You said you got your new 140 approved with the older PD? How did you do that? I thought you use the older PD when you file 485? My lawyer has not done that - does that mean i will not be able to use my older PD?
kshitijnt
10-01 12:23 PM
I am sorry you made BA as a choice. Kindly do not support any airlines/countries that require visas for Indian citizens in transit.
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dewdrop
07-19 03:31 PM
Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!
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efzuniga
08-26 09:47 PM
Same happened to us. The checks were cashed and we have even received the appointment notices for biometrics. My lawyer told me that there have been several cases lake this one. He is going to submit proof of the checks being cashed and copy of the notices to the USCIS.
Cheran
09-19 02:02 PM
This is height of desperation. You want put your kid as collateral to get your Green Card. So what will be your argument?
Also, follow Jindal your odds are even better.
Also, follow Jindal your odds are even better.
more...
kate123
04-11 12:43 PM
Hello all,
Does any body know why DOS isn't applying the spill over on quarterly basis... Law clearly stipulates that unused visa's should go to retrogressed countries..
Excerpt from may visa bulletin:
llocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits.
Does any body know why DOS isn't applying the spill over on quarterly basis... Law clearly stipulates that unused visa's should go to retrogressed countries..
Excerpt from may visa bulletin:
llocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits.
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manojp4
06-15 03:01 AM
I am in a similar situation too. Getting married in August. Planning to file my I-485 in July and get my spouse here on H4 visa in the first week of September. It seems (from some comments in this forum as well as elsewhere) that the dates may not retrogress for August, but there is a very real chance they will retrogress for September.
You can "add" your spouse to the I-485 (note that technically it's not "adding", but filing an entirely new I-485 for your spouse) anytime before your GC gets approved (and after you get your I-485 filing receipt), provided the priority date is still current at the time of filing. But with the possibility of a big retrogression looming, this could be a long wait for some people.
You can "add" your spouse to the I-485 (note that technically it's not "adding", but filing an entirely new I-485 for your spouse) anytime before your GC gets approved (and after you get your I-485 filing receipt), provided the priority date is still current at the time of filing. But with the possibility of a big retrogression looming, this could be a long wait for some people.
more...
chaanakya
11-10 10:11 PM
Hi there
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
Yes, when you join work you need to fill a new I9 to officially claim your right to employment using an EAD (if you have entered as an H4). Basically, this is the documentation to prove that you are undertaking authorized employment and giving up your H4 status.
Now, if the underlying 485 of the primary applicant gets denied, then you can continue working if your H1 is still valid but sadly your wife cannot work and has to stop working immediately until a MTR is filed and USCIS resumes the case processing pending decision of MTR.
A friend of mine was in this situation. His wife stopped working, their lawyer filed MTR (wife took unpaid leave of absense for 2 months) and after the case status changed to under consideration, she resumed working. Remember, the EAD is only valid as long as the 485 is not in a denied status. If employment is continued after 485 is denied and before MTR is accepted, you can later face problems for having engaged in unlawful employment in case you have an interview.
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hopefulgc
08-13 11:18 PM
Libra,
Pestering ad nauseum to contribute and participate will only make things look trite. I think you should give it a rest. We are doing what we can to further hte goals of IV... but don't try to tell us when to breathe.
Pestering ad nauseum to contribute and participate will only make things look trite. I think you should give it a rest. We are doing what we can to further hte goals of IV... but don't try to tell us when to breathe.
more...
Green.Tech
11-07 01:12 PM
Given a choice (with comparable role and growth) I will be more inclined to spend few years (~5) in Europe, post MBA.
Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.
Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..
Will go ahead with resignation...
Thanks again for all sincere advise and wishes.
Regards
Good luck! All the best.
Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.
Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..
Will go ahead with resignation...
Thanks again for all sincere advise and wishes.
Regards
Good luck! All the best.
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kaisersose
02-11 11:26 AM
After all these days it appears many people are still not clear about the difference between 485 processing times and priority date movement.
The two are completely different entities. When USCIS talks of backlogs they do not mean backlogs due to retrogression (PD unavailability). They are talking about the number of applications they received and the time it takes for them to process them.
When USCIS says it will clear the backlog by 2010, it means applications filed after that time will be processed in a timely manner (in less than 6 months). It does not mean that all the 485s before that time wil be approved. It only means these 485s will be processed and thrown into a cold sorage bin to be looked at again whenever the PD becomes available.
When retrogression started in 2005, EB2 India jumped forward by 6 months each visa bulletin. The reason was namecheck delays combined with the problem of Labors with Old PDd languishing in BECs. As both these problems have been eliminated now and also many EB3 filers from that time are switching over to EB2, it is highly unlikely that one will see wide movement in India EB2.
The two are completely different entities. When USCIS talks of backlogs they do not mean backlogs due to retrogression (PD unavailability). They are talking about the number of applications they received and the time it takes for them to process them.
When USCIS says it will clear the backlog by 2010, it means applications filed after that time will be processed in a timely manner (in less than 6 months). It does not mean that all the 485s before that time wil be approved. It only means these 485s will be processed and thrown into a cold sorage bin to be looked at again whenever the PD becomes available.
When retrogression started in 2005, EB2 India jumped forward by 6 months each visa bulletin. The reason was namecheck delays combined with the problem of Labors with Old PDd languishing in BECs. As both these problems have been eliminated now and also many EB3 filers from that time are switching over to EB2, it is highly unlikely that one will see wide movement in India EB2.
more...
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katewill
10-27 05:29 PM
I am still waiting- applied May 1 eb-2.
NSC is now a Premium Processing Service Center.
We should wait till phaseIII of the bi-specialization and application be tossed around here and there again.
how systematic...
NSC is now a Premium Processing Service Center.
We should wait till phaseIII of the bi-specialization and application be tossed around here and there again.
how systematic...
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kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
more...
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Pineapple
12-16 01:46 PM
Thanks for clarifying..
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kumarc123
11-24 07:29 PM
So, is that a yes on getting USCIS to follow the law? As I said, it is about getting USCIS to follow the law, it is not EB2/EB3 centric. Given that the demand for Eb3/EB2 that is going to see-saw, this should be an action item that will benefit EB on a whole, not a particular sub category.
It is not only about USCIS to follow law my friend, it is about bringing about a new law to relieve us from huge backlog.
That I believe can be only possible with the recapture visa bill. And we all need to shoulder each other through this.
Good luck to all of us
It is not only about USCIS to follow law my friend, it is about bringing about a new law to relieve us from huge backlog.
That I believe can be only possible with the recapture visa bill. And we all need to shoulder each other through this.
Good luck to all of us
more...
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H1bEmployer
09-16 11:57 PM
Ok, So 32000 was our total expenditure for H1b, for all 22 of them.. My bad.
Yes - Good Lawyers Take that much ... About $1500. Lawyer Fees.. 1200 Bucks, Educations Evaluation 200 Bucks, Postage 100 Bucks.
I can get it done for $500 bucks, But Would you want your H1b to be done in Hyd/B'lore/BBy.. by some one who does not have clue ?... I don't think so.
To Chi_Shark -- Why am I not entitled for the same things as you ? You have time to post stuff here, I guess You have a 'job' as well. Hope this answers it !
The Point is not Reduction of HR Expenses. BTW, we are not as large to need a Para-Legal working in-house.
Thanks.
Yes - Good Lawyers Take that much ... About $1500. Lawyer Fees.. 1200 Bucks, Educations Evaluation 200 Bucks, Postage 100 Bucks.
I can get it done for $500 bucks, But Would you want your H1b to be done in Hyd/B'lore/BBy.. by some one who does not have clue ?... I don't think so.
To Chi_Shark -- Why am I not entitled for the same things as you ? You have time to post stuff here, I guess You have a 'job' as well. Hope this answers it !
The Point is not Reduction of HR Expenses. BTW, we are not as large to need a Para-Legal working in-house.
Thanks.
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thomachan72
06-22 10:15 AM
Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,
Thanks in advance for any suggestions you can provide
Here is the current status:
- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.
Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
It will work out so dont worry.
Thanks in advance for any suggestions you can provide
Here is the current status:
- Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
- Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
- Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
- Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.
Based on your scenario or known people, can one of you respond to how should i approach following issues:
1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
> Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
> W2's for 2005/6/8.
> Form 16 for 2005-6/2007-8
> Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.
I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
It will work out so dont worry.
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sixburgh
08-04 07:17 AM
I thought that I will share my recent experience.
I arrived in USA in 2003 on a L1 visa.
It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
I changed my employer later using H1 transfer and they kept renewing my H1 petition.
My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
Since then I have been working with the same employer on EAD.
After a long time I wanted to visit India, so applied and got my AP.
Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
This is because EAD is taking too long for renewal.
I went to India, visited Mumbai Consulate, they did not ask me a single document.
They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
No other questions asked.
I got my h1 stamp in 2-3 days.
Planning to reenter USA on that stamp.
Once I return my company will switch me from EAD to H1.
Hopefully EAD will arrive after that.
I will just keep that handy.
If I move to another employer, I will have a choice, use H1 or EAD.
I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
Wife will continue to work on EAD.
H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
Plus I don't have to pay the crazy AP fees each time.
Please do comment if you find this information useful or any issues in my plans stated above.
I will update this post when I arrive back in USA.
Update : 8/12/2010
I entered USA on H1 through IAD airport with ZERO questions asked.
I arrived in USA in 2003 on a L1 visa.
It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
I changed my employer later using H1 transfer and they kept renewing my H1 petition.
My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
Since then I have been working with the same employer on EAD.
After a long time I wanted to visit India, so applied and got my AP.
Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
This is because EAD is taking too long for renewal.
I went to India, visited Mumbai Consulate, they did not ask me a single document.
They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
No other questions asked.
I got my h1 stamp in 2-3 days.
Planning to reenter USA on that stamp.
Once I return my company will switch me from EAD to H1.
Hopefully EAD will arrive after that.
I will just keep that handy.
If I move to another employer, I will have a choice, use H1 or EAD.
I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
Wife will continue to work on EAD.
H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
Plus I don't have to pay the crazy AP fees each time.
Please do comment if you find this information useful or any issues in my plans stated above.
I will update this post when I arrive back in USA.
Update : 8/12/2010
I entered USA on H1 through IAD airport with ZERO questions asked.
skdskd
08-26 01:50 PM
In fairness to the OP, he/she said that "...while TSC filer are getting ead adn AP as SOON AS THEY GET RECEIPT...." (emphasis mine).
He/she didn't mean to say that NOT GETTING any receipt is good as long as you get your EAD.
No Hard Feelings...as some body said earlier Grass Is Green on Other Side..
You can't say "In-Justice" because of diff priority..NSC thought to let every body get receipt first then work on EAD's and AP's. So they are issuing those faster.
TSC is working on both parallel.
Same people they would have been on other side of situation wud have said that It's better to receive the receipt first than EAD.
He/she didn't mean to say that NOT GETTING any receipt is good as long as you get your EAD.
No Hard Feelings...as some body said earlier Grass Is Green on Other Side..
You can't say "In-Justice" because of diff priority..NSC thought to let every body get receipt first then work on EAD's and AP's. So they are issuing those faster.
TSC is working on both parallel.
Same people they would have been on other side of situation wud have said that It's better to receive the receipt first than EAD.
rameshvaid
04-22 09:28 AM
I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 14th April 2008. Currently my 9th year H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to 4 years Bachelors degree.
I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.
Now how can I get my 9th year extension?
Can I appeal for I-140 and get 9th year H1B extension?
Could you please give me your valuable suggestions on this?
Thanks,
Naga
Get your degrees evaluated by the certified evluators and add your experience to be qualified or you can go for EB 3 but your priority date will remain the same. A friend of mine was in the same boat, but had 3 years commerce college and 2 years MBA from UK and was in his 9th year of H1, I 140 was denied. He appealed and REAPPLIED I 140 with all the evaluations, he got approval in less than a month but EB3 with the same old priority date.
Good Luck..
Ramesh
I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.
Now how can I get my 9th year extension?
Can I appeal for I-140 and get 9th year H1B extension?
Could you please give me your valuable suggestions on this?
Thanks,
Naga
Get your degrees evaluated by the certified evluators and add your experience to be qualified or you can go for EB 3 but your priority date will remain the same. A friend of mine was in the same boat, but had 3 years commerce college and 2 years MBA from UK and was in his 9th year of H1, I 140 was denied. He appealed and REAPPLIED I 140 with all the evaluations, he got approval in less than a month but EB3 with the same old priority date.
Good Luck..
Ramesh
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