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kevnss

04-01 02:01 PM

If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.

If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.

The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.

So that means I can switch based on EB3 and AC21.

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vishwak

11-10 02:35 PM

What exactly USCIS did??? which is making you to file Case???

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jain4444

11-09 08:52 PM

Thanks for your reply.
The only problem is that she started working from Jan 2008. From Oct 2007 to Dec 2007 she was not working. So I donot have her W2 and neither the paystubs. I do have the joint tax return that I filed in 2007, but that does not have her income. Is it possible to say that she was on leave during this period for personnel reason?

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millersoul

12-15 01:31 PM

Hi all,

I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.

Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.

In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."

I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.

What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??

Great Thanks in advance!!


MT

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Karthikthiru

03-18 11:57 AM

I also had two LUD's after I submitted the AR-11 form. It took two days more after I submitted the AR-11 form

Karthik

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bos_guy

08-03 03:42 PM

I was on CPT ( Curriculum Practical Training) a 17 month extension of work authorization which exprires on October 19. During this time I had applied for H-1B and was approved. My H-1B visa was to take effect on October 1. But I was laid off a few days ago. Could anyone help me with any suggestions? I'm still on a F-1 visa. Can I apply for work at a different company and if hired can I begin work immediately even though my CPT was approved for a different company? What about my status? Any help would be greatly appreciated.

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davesmith

01-30 11:47 AM

Hi Friends,

Thanks for answering all my question and I really appreciate all of you for sharing your experience.

I am new to all these and seeking for Family based GC category 2A applied in May 2005. According to the date in VB for the month of FEB we should get GC as of now but didn't happen.

I am confused about the "Note" that is written under the Family Based PREFERENCES chart in VB. Could some one make me understand in simple language what the below note says?

*NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01MAR04. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01MAR04 and earlier than 01MAR06. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

Please reply.

Thanks a Lot

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Ann Ruben

06-18 06:57 PM

You can certainly maintain your H-1B status while the EB-5 immigrant visa petition is pending, though you would not be authorized to work for the EB-5 enterprise until an EAD filed in conjunction with your I-485 is approved.

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Blog Feeds

04-27 08:50 AM

The Sojourners are condemning the new law and promising civil disobedience. Here is their leader Reverend Jim Wallace's statement: The law signed today by Arizona Gov. Brewer is a social and racial sin, and should be denounced as such by people of faith and conscience across the nation. It is not just about Arizona, but about all of us, and about what kind of country we want to be. It is not only mean-spirited - it will be ineffective and will only serve to further divide communities in Arizona, making everyone more fearful and less safe. This radical new measure,...

More... (http://blogs.ilw.com/gregsiskind/2010/04/christian-organization-vows-to-defy-arizona-law.html)

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transpass

03-29 12:36 PM

Hello,

I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.

Thanks

Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...

And congratulations...:)

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altima_le

09-24 09:38 AM

I have a question regarding Multiple I-140s.
I applied for I-140 (PD: 2006) and it got approved in 11/2006;
I applied for LC-sub (PD:2004) and it is pending with USCIS

I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.

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parad0xl0g

04-18 11:20 PM

I really like this stamp. It's a good & of course a very surrealist idea.
:krazy: What an awesome idea about make stamp designs!

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JaisGCQuest

10-03 05:34 PM

Once your I-140 is approved you can retain your Priorty dates. Even if the Company A revokes your I - 140 [ which they cannot do like that..they should have a valid reason to revoke anyones I-140 - either fraud or you are convicted for something ] . Now do you have the copy of your I-140 approval because that will be needed !

Thanks,

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milind70

07-31 05:37 PM

I applied my I-140 in february, 2007. In their system it's showing that it'd been received in FEb 8, 2007. and the case is still pending. As a EB3 from bangladesh when can i expect the approval. Lots of applications those were sent after mine have already been approved. I didn't receive any RFE or anything till now. Can anyone please help me with the update....

thanks ahead....
140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485

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gcformeornot

11-03 02:40 PM

My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

you lawyer or employer can contact...

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gotgc?

09-06 06:44 PM

Hi Guys,

I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: This case has been sent to another office for processing.

On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.

It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?

I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...

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unseenguy

06-22 07:30 PM

USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 ‘Regular’ cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.

As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.

More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)

USCIS financial loss:

cap : 65000 (minus chile, singapore 6800) = 58200

cap count : 47,700 (max) , 44,400 (min)

H1B filing fees: 2320 USD per application

shortfall : 24,360,000 (min) , 32,016,000 (max)

Assuming 15% premium processing 1000*1000 = 1,000,000

Total shortfall for new applications : 25 million USD. (min)

Also since I have 2 year EAD now, I may not renew my H1 this november. I am sure, L1, H1 extensions etc are having similar revenue impact.

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chsundar

04-04 07:02 PM

Thanks for suggestions, let me try and get back ...

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kumaabh

03-08 07:57 PM

I am sorry to hear about your mother's situation but there is no dependent visa for parents. You can probably extend her stay for another 6 months, but eventually there will be a time when by law she would have to leave. I also never recommend that one extends their visitor visa, unless ofcourse there is really an emergency situation. I say this because there is likely more chances for your mother to get a denial, and then she would end up loosing her existing multiple entry visa as well. So, dont take that chance.
Also, in her current situation, how are you ever going to manage medical bills? There is no insurance in this planet that will cover any pre-existing conditions. So, my friend believe me when i tell you this that it is better for your mother to live in india than in this country. I can understand that you are a dedicated son, everyone should be. Your $$$ go a long way in india and you can get the best care for her for the money.

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coolgc

05-14 01:04 PM

You can file for your childs GC with yours before he turns 21.

Thank you so much!

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chanduv23

09-25 09:53 AM

If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature

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