snathan
08-09 01:03 AM
Hi all
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
ItIsNotFunny
11-11 06:08 PM
Bump ^^^^^
2011 Avril Lavigne and Brittany
WaitingUnlimited
10-12 03:34 PM
Anymore thoughts?
Thanks
WA
Thanks
WA
more...
hyoungill
04-27 04:57 PM
Hi!!
I am preparing grren card aplication with EB2-NIW.
I have question about I485, Part2, Application type.
If my I140 is pending, which type do I (principal applicatn) and my wife (spouse) have to check?
Some people said that I can check "a" and my wife can check "b".
Other people said that I can check "h" with "EB2 NIW" and my wife can also check "h" with "filing concurren
tly with applicant's spouse I-485".
Could you let me know which is right?
Thank you very much!!!
I am preparing grren card aplication with EB2-NIW.
I have question about I485, Part2, Application type.
If my I140 is pending, which type do I (principal applicatn) and my wife (spouse) have to check?
Some people said that I can check "a" and my wife can check "b".
Other people said that I can check "h" with "EB2 NIW" and my wife can also check "h" with "filing concurren
tly with applicant's spouse I-485".
Could you let me know which is right?
Thank you very much!!!
baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
more...
testsite
11-03 05:52 PM
thanks for the answers! To clarify, yes I do have my notice. It's for a different location and time though. I've moved and just don't want to travel that far.
So if I just bring my notice and passport (and finger) to the Boston office, they'll let me do the fingerprint? Is it possible to be denied for these walk-ins? Boston isn't too busy on Friday mornings/afternoons, is it?
So if I just bring my notice and passport (and finger) to the Boston office, they'll let me do the fingerprint? Is it possible to be denied for these walk-ins? Boston isn't too busy on Friday mornings/afternoons, is it?
2010 Avril Lavigne death rumors hit
mjdup
02-26 08:14 PM
As MerciesOfInjustices said - thanks to the core team ! you guys are the best, I wish participants in future will refrain from using cell phones, if possible. Looks like it causes lot of static - either way the mute and un-mute option should resolve this.
Topics covered and time management was absolutely great ! Hardwork pays off.
Topics covered and time management was absolutely great ! Hardwork pays off.
more...
wandmaker
05-28 10:52 AM
Can I renew my EAD even after it s expired?
YES, as long as your I-485 is pending
YES, as long as your I-485 is pending
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ajithkumar
04-26 09:52 AM
hi Crazymonk...
they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary
and
w2 of all the employees in company B for the past one years
which i submitted after which i had got the refusal under 221g
they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary
and
w2 of all the employees in company B for the past one years
which i submitted after which i had got the refusal under 221g
more...
mrsr
08-10 06:33 PM
are we going to have any press release on receipt updates?
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morchu
05-24 01:25 AM
SSN is not really a requirement to start to work. So the answer to your question is NO, she dont need SSN to work on EAD.
But in a practical scenario she need an SSN to work (see below reasons).
SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
Does she need SSN to work on EAD?
But in a practical scenario she need an SSN to work (see below reasons).
SSN is required to pay/withhold taxes and probably for pre-employment background checks and all. So it is very unlikely that an employer will hire somebody without an SSN (or at-least applied for SSN).
Does she need SSN to work on EAD?
more...
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gc28262
02-13 07:43 AM
FOIA should be the route.
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
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mrana
01-13 08:20 PM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
more...
pictures Avril Lavigne covers Ke$ha#39;s
dealsnet
11-04 09:46 AM
Why you are giving news about illegal immigration. IV is for legal immigrants.
Don't confuse this issue with ANTI-IMMIGRANTS.
Don't confuse this issue with ANTI-IMMIGRANTS.
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logiclife
01-25 09:48 PM
On behalf of core group, I apologize to you and your wife for the abusive language that someone used.
We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.
I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.
If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.
Thanks for understanding.
We tried to moderate the forum posts. At any time, there are nearly 200-300 people reading the forums and nearly 20-25 posting. Its a tough thing to moderate every thread since we do this along with day-to-day fulltime jobs.
I have to close this thread otherwise this thread will spiral into a thread war that none of us want. And we cannot have such threads continue as its embarrassing for us all.
If you'd like, you can email me jay@immigrationvoice.org if you want to talk about this issue so that I can explain more.
Thanks for understanding.
more...
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ChalapathiChitturi
07-22 03:23 AM
I got my I-140 (EB3) approved with the priority date of November-2004.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
girlfriend Joss Stone, Avril Lavigne .
gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
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upuaut8
08-15 03:38 AM
It's easy, I've been doing it all week long.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
paskal
08-16 01:36 PM
/\/\/\/\
sparky63
February 2nd, 2005, 08:24 PM
I think Anders is on to something ... his version is definitely more interesting
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