rajenk
03-17 01:17 PM
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
You are good to extend your H1B for 1 year.
You are eligible for premium I-140. If you have given exact date on your H1B expiry then I would have answered whether you can get I-140 approved before applying for H1B.
The benefit of applying H1B extension with I-140 approval is that you can get 3 years.
Now you can still get your H1B extended for 1 year. No second thought on that, don't worry too much on that. The PERM need not be pending for 365 days, it can be approved. The rule is you should have applied for PERM 365 days before asking for H1B extension, which is true in your case.
Good luck.
-Raj
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
You are good to extend your H1B for 1 year.
You are eligible for premium I-140. If you have given exact date on your H1B expiry then I would have answered whether you can get I-140 approved before applying for H1B.
The benefit of applying H1B extension with I-140 approval is that you can get 3 years.
Now you can still get your H1B extended for 1 year. No second thought on that, don't worry too much on that. The PERM need not be pending for 365 days, it can be approved. The rule is you should have applied for PERM 365 days before asking for H1B extension, which is true in your case.
Good luck.
-Raj
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sku123
12-01 12:20 PM
I have a troublesome situation for which I need some help and potentially some legal inputs:
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
kramesh_babu
08-06 08:23 AM
Hi,
I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?
Thanks,
Shruthi07
Online status shows:
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.
Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?
On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
I got my I-140 approved last week at Texas Service Center and the status was Approval notice sent. Today, I got an email from CRIS mentioning this case has been transferred to Nebraska Service Center for processing where my I-485 is pending.
Can anybody throw some light on this?
Thanks,
Shruthi07
Online status shows:
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On June 3, 2008, we transferred this case I140 IMMIGRANT PETITION FOR
ALIEN WORKER to our LINCOLN, NE location for processing and sent you a
notice explaining this action. Please follow the instructions provided
on the notice. We will notify you by mail when a decision is made. If
you move while this case is pending, call customer service at
1-800-375-5283 to update your address. You can use our processing dates to
estimate when your case may be processed by following the link below. You
can also receive automatic e-mail updates as we process your case by
registering in the link below.
Shruthi, I see the similar message below on my I140 as well which was approved a year ago. Did you have any updates after that ?
On August 5, 2008, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action.
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lost
07-21 09:32 AM
Hi,
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
more...
ben212_76
01-18 01:30 PM
Well I have LIN# and approval notice of I-140.
skbPad
10-16 04:08 PM
Hi Guys,
On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.
In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.
I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.
Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?
Thanks
skb
On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.
In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.
I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.
Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?
Thanks
skb
more...
sri1309
10-23 07:31 PM
From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.
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reddymjm
03-11 05:51 PM
Just woke up??
more...
Blog Feeds
06-05 01:40 AM
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
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pragir
07-19 10:30 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Check with a lawyer before you do anything.
more...
ragz4u
03-28 09:39 AM
As most of us know, Senator Specter and the Judiciary Committee passed a bill last night. All the pro-immigrant legislation remained in there (which is a good thing)
Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.
WRONG!
As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full
Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.
In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.
And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.
Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this
Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.
WRONG!
As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full
Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.
In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.
And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.
Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this
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GotGC??
02-25 08:30 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
more...
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baleraosreedhar
02-06 12:08 PM
Hi All,
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
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saps
11-21 01:27 PM
She will get her EAD even if your priority date retrogresses in the next visa bulletin.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
more...
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rohiral
04-28 08:47 AM
Hey there
I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?
I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?
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the_googly
03-25 05:05 AM
I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.
more...
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LCSufferer
04-16 01:31 PM
Hi,
Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).
Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.
Any ways Congratulations and BOTTMS UP :)
Wish you a Happy New to you and your family too.
Dev[/QUOTE]
Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).
Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.
Any ways Congratulations and BOTTMS UP :)
Wish you a Happy New to you and your family too.
Dev[/QUOTE]
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February 2nd, 2005, 03:10 PM
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rameshvaid
05-25 10:20 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
snarla
06-29 08:46 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
sunnymit
05-10 12:44 PM
As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.
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