Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
wallpaper Create A Four-Leaf Clover In
Libra
11-15 11:20 AM
At least after DEC visa bulletin don't you guys think its time to act? Lets meet and greet in MN.
dhenuva123
02-22 03:47 PM
am still in the same situation....my case is still in " initial stage":confused: ......so friends, my sincere advice is go for premium.....don't go for normal processing .......p
2011 Holidays / 4 Leaf Clover
eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
more...
fromnaija
02-12 10:51 AM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
chaks7
12-07 03:19 PM
For filing 485 you need the PD to be current. For Consular Processing (CP), dates need not be current. You indicate that you want your application to be processed with CP option and the Consulate (in this case, Consulate in India) will schedule the interview when you are dates are current. You can check with a lawyer how you can abandon 485 and switch to CP. But make sure you are knowledgeable with the necessary facts/information as CP can be a long wait if you are in EB3-I category. You may lose the benefits of 485 when July 2007 fiasco happened where you were able to file 485 and the dates retrogressed and meanwhile you can still enjoy EAD and AP for travelling. This option will not be there if you choose CP.
more...
miguy
06-29 10:45 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
2010 Four-leaf clovers are supposed
member123
09-24 03:26 PM
I140 filed Apr 19 2007
I140 Approved Apr 23rd 2007
I485 filed ..on July 24th 2007 to TEXAS
LUD on I140 08/05/2007
wow the 140 filed on 4/19 and approved on 4/24 to TSC was it Premium Processing?
never knew they can be this fast. as the minimum i was seeing was 5-6 mnths. does this have anything to do with how bid the company is and all?
i have filed on the similar date and waiting for more than 6 mnths now to TSC regular processing.
I140 Approved Apr 23rd 2007
I485 filed ..on July 24th 2007 to TEXAS
LUD on I140 08/05/2007
wow the 140 filed on 4/19 and approved on 4/24 to TSC was it Premium Processing?
never knew they can be this fast. as the minimum i was seeing was 5-6 mnths. does this have anything to do with how bid the company is and all?
i have filed on the similar date and waiting for more than 6 mnths now to TSC regular processing.
more...
nogc_noproblem
06-27 04:02 PM
Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
hair To hell with four-leaf clovers
485Question
11-14 03:03 PM
Dear,
Please update your signature, so that we will know your dates.
Thanks
Please update your signature, so that we will know your dates.
Thanks
more...
chanduv23
10-09 05:32 PM
^^^^^^^^^^^^
hot Four Leaf Clover 11
palemguy
11-06 01:32 PM
There are 2 LUDs after my AP was approved.
more...
house Four Leaf Clover Vector clip
shana04
01-26 12:25 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
yes, that is correct
Can someone please confirm.
yes, that is correct
tattoo Dorene#39;s Designs Sets Sets
mirage
01-29 09:43 AM
I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
more...
pictures Flower
seaken75
11-01 01:36 PM
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.
Is my lawyer and me the only people that interpret it this way?
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.
Is my lawyer and me the only people that interpret it this way?
dresses 4-Leaf Clover
prashanthg
06-23 11:43 AM
I can definitely organize folks from around Nashville. I can also help guys from Knoxville, Memphis etc. form local chapters there if there is any interest in being active part of the IV movement.
Interested in you meeting you all and helping IV from Tennessee.
Welcome to Nashville. Let's start TN state chapter.
I just created a new group in yahoo. If every one likes it, Let us start talking.
Group name: iv_tn
Group home page: http://groups.yahoo.com/group/iv_tn
Group email: iv_tn@yahoogroups.com
walking_dude, Please guide us through and let us see how it goes.
Interested in you meeting you all and helping IV from Tennessee.
Welcome to Nashville. Let's start TN state chapter.
I just created a new group in yahoo. If every one likes it, Let us start talking.
Group name: iv_tn
Group home page: http://groups.yahoo.com/group/iv_tn
Group email: iv_tn@yahoogroups.com
walking_dude, Please guide us through and let us see how it goes.
more...
makeup How to Draw 4 Leaf Clovers
inskrish
10-21 10:47 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
girlfriend Place the four leaf clover
rockstart
07-27 08:54 AM
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
hairstyles four leaf clover images
chanduv23
09-15 12:04 PM
I would say:
Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans
Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.
It would be great if someone from IV core can also guide on such efforts
Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans
Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.
It would be great if someone from IV core can also guide on such efforts
kirupa
07-21 12:56 PM
Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?
ssdtm
05-07 08:06 PM
If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
No comments:
Post a Comment