GoneSouth
11-12 04:57 AM
Hi Folks,
Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).
My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.
Any help would be greatly appreciated !
- GS
Anyone have any experience with or knowledge about filing a 7th year H1-B extension per AC21 106(a) when labor certification was filed under PERM more than 365 days ago and the I-140 has NOT been filed / approved yet? There is a 12/27/2005 USCIS memo says "Guidance on this subject will be provided in a seperate memorandum", but then there is no seperate memorandum (that I could find).
My lawyers are telling me I can't file for a 7th year extension because I filed for LC under PERM, but after researching the matter, I am pretty sure they are mistaken. First, the language of AC21 states "the filing of a labor certification application on the alien�s behalf"... no distinction between ETA 750 (Traditional LC) or ETA 9089 (PERM). Furthermore, I've read various accounts on the web that state USCIS is in fact approving 7th year AC21 106(a) extensions based on PERM, but I haven't had anyone confirm that they actually did this or know first hand of someone who did.
Any help would be greatly appreciated !
- GS
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Openarms
07-14 10:59 AM
Folks,
At least act now...this initiative should help us where we are.. please join in this thread ask IV to initiate.
At least act now...this initiative should help us where we are.. please join in this thread ask IV to initiate.
brahmam
10-10 11:06 AM
Nothing special.
1. your appointment notice
2. Driver's license.
We also took the 485 receipt notice and the passport, just in case.
Good luck.
1. your appointment notice
2. Driver's license.
We also took the 485 receipt notice and the passport, just in case.
Good luck.
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memyselfandus
04-10 11:13 AM
You cannot apply for I-485 unless I-140 is approved as EB1 is purely based on I-140 not labor.
more...
Meghna
06-25 02:55 PM
yes it is true
Once the PDs are current I485 is thru RD
Once the PDs are current I485 is thru RD
JSimmivoice
01-27 06:16 PM
Hi,
I was working for Company A with whom I've my H1 & I-94 valid until Aug 2010. But I was laid off from Company A in Dec 1st week and I found a new job with Company B in Jan 3rd week. So I was out of status for about 6 weeks time.
Now Company B don't wish to file a transfer but instead they are filing something called H1 "Loose Petition", obviously I'm not going to start work with Company B until this H1 gets approved and I travel out of US, get restamped based on my New H1 petition, come back to US and start work for Company B.
But my question is, while from today until this so called "Loose Petition" H1 is getting processed (since they applied premium it would take about 2-3 weeks) can I legally stay in US (in terms of I-94 I've my I-94 from Company A H1 which is valid until Aug 2010)?
My employer suggest that I stay here until H1 processing result comes out and then leave country get restamped. Please let me know if you have an Answer.
I was working for Company A with whom I've my H1 & I-94 valid until Aug 2010. But I was laid off from Company A in Dec 1st week and I found a new job with Company B in Jan 3rd week. So I was out of status for about 6 weeks time.
Now Company B don't wish to file a transfer but instead they are filing something called H1 "Loose Petition", obviously I'm not going to start work with Company B until this H1 gets approved and I travel out of US, get restamped based on my New H1 petition, come back to US and start work for Company B.
But my question is, while from today until this so called "Loose Petition" H1 is getting processed (since they applied premium it would take about 2-3 weeks) can I legally stay in US (in terms of I-94 I've my I-94 from Company A H1 which is valid until Aug 2010)?
My employer suggest that I stay here until H1 processing result comes out and then leave country get restamped. Please let me know if you have an Answer.
more...
senk1s
09-21 06:25 PM
good catch smartboy ...
I was pretty sure i 'saw' 19th ...and its not even friday the 13th.
You just made my weekend !!
I was pretty sure i 'saw' 19th ...and its not even friday the 13th.
You just made my weekend !!
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manusingh
09-23 11:39 PM
I am using Advance parole in december to visit India. I have applied my canada PR in 2008, but I don't have stamp of PR in my passport.
Is there are any problems using AP for India visit.
Any suggestion is appreciated
Is there are any problems using AP for India visit.
Any suggestion is appreciated
more...
vxg
10-12 02:58 PM
Why is this thread not showing in most recent threads on main page? something wrong with the website?
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gc2
10-08 08:48 AM
take an infopass and ask for an update on your case. you need to take action to get your case up for approval.
contact your senator and state your case.
contact your senator and state your case.
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senk1s
10-24 08:20 PM
I've got some questions/comment to understand your situation
1. How do you know it is stuck in security check? What is your attorney's suggestion
For regular EB applications you can apply for 485 when priority date is current
2. EAD is generally adjudicated within 90 days
3. She should have a visa of her own - if she cannot be your dependant
1. How do you know it is stuck in security check? What is your attorney's suggestion
For regular EB applications you can apply for 485 when priority date is current
2. EAD is generally adjudicated within 90 days
3. She should have a visa of her own - if she cannot be your dependant
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saty2010
05-06 06:53 PM
Hi
I am working on H1B from Oct 2009. My employer and client has one layer between of them. For some family reason I need to visit India for 10 days. Will it cause any problem / Issue on airport (immigration counter) when I will come back to USA ?
In this case how can I prepare myself to face situation? What documents do I need to prepare to prove that even though I am working with one layer then also my employer control my salary and tax stuffs ?
Waiting for reply, please help...!!!
Thank You
I am working on H1B from Oct 2009. My employer and client has one layer between of them. For some family reason I need to visit India for 10 days. Will it cause any problem / Issue on airport (immigration counter) when I will come back to USA ?
In this case how can I prepare myself to face situation? What documents do I need to prepare to prove that even though I am working with one layer then also my employer control my salary and tax stuffs ?
Waiting for reply, please help...!!!
Thank You
more...
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Blog Feeds
12-23 04:40 PM
The cover of today's New York Times tells the extraordinary story of Cuban-born artist Carmen Herrera who has worked as an artist for decades and is finally enjoying real success. She's one of the hottest artists in New York and her paintings regularly sell for $30,000+. Her work is on display at the Museum of Modern Art and her work is now touring in England. Ms. Herrera moved to Paris with her American husband for a few years after World War II and then moved to the US where she embarked on her long career. About five years ago, her...
More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-of-the-day-carmen-herrera-artist.html)
More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-of-the-day-carmen-herrera-artist.html)
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shreekhand
07-05 10:21 AM
Please see http://immigrationvoice.org/forum/showpost.php?p=99690&postcount=29
and that thread to get a better idea.
Even though you know someone from 2005 whose background checks were completed, know that there are several thousand more from 2001-2004 in line before 2005 !
and that thread to get a better idea.
Even though you know someone from 2005 whose background checks were completed, know that there are several thousand more from 2001-2004 in line before 2005 !
more...
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pscdk
01-20 08:35 PM
This is only for TSC...Hope they create similar intiative with NSC too.
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willIWill
03-08 10:42 AM
For EB2 I - CY 06, in march it was 10150 and now it is 9900. It has gone down by only 250, in line with ~3000 visas/12 monthly allotment. No spillover or anything for the month of march atleast as per the numbers.
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jaggubhai
07-07 12:49 PM
One of my friends was in the same boat as yours and he said YES. No problem in visa issuance. And as per my friend, the officer already knew that he was attending school. I think the schools report all enrollment to USCIS.
Also my wife went for visa interview recently. She is on H4 and she also said yes to Q33.
Hope this helps.
Also my wife went for visa interview recently. She is on H4 and she also said yes to Q33.
Hope this helps.
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mayhemt
04-20 08:11 PM
Hows this? L2 + EAD. No pesky LCAs, no looking for clients/consultants who sponsor or transfer H1B.
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h1vegas
07-28 05:41 PM
Pls help me answer this question
I am one of the July filers, have EAD and applied for I485 EB3, Dec 2003 India. My H-1 And GC are both based on the job title- Systems Programmer/ Network Admin. I wanted to apply for a position in the university - Lab Director- Electrical & Computer Engineering. My question is :
1) Since not all the job responsibilities will be same in the new job (if i get it). but some ofthe requirements will be the same.
[like setting up the network, little programming devices etc.]
2) Can I apply for EB-2 with the university and later port my date- Eb3 to EB2
Pls let me know at your earliest convenience
Thanks
I am one of the July filers, have EAD and applied for I485 EB3, Dec 2003 India. My H-1 And GC are both based on the job title- Systems Programmer/ Network Admin. I wanted to apply for a position in the university - Lab Director- Electrical & Computer Engineering. My question is :
1) Since not all the job responsibilities will be same in the new job (if i get it). but some ofthe requirements will be the same.
[like setting up the network, little programming devices etc.]
2) Can I apply for EB-2 with the university and later port my date- Eb3 to EB2
Pls let me know at your earliest convenience
Thanks
anilsal
01-20 08:53 PM
At this time, try the best you can.
Only when you get an RFE, do you have to provide employment verification letters etc.
Only when you get an RFE, do you have to provide employment verification letters etc.
STAmisha
10-02 07:46 AM
YOU CAN. You have two options
You can interfile, the current 485 can be changed to approved 140 (eb3)
or
You can port the approved 140 priority date to the current 140 (eb2).
You can interfile, the current 485 can be changed to approved 140 (eb3)
or
You can port the approved 140 priority date to the current 140 (eb2).
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