a_yaja
01-22 01:35 PM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Why don't you try to apply for the H1B visa again in India?
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hersheygaile
09-10 03:34 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
northstar
01-21 04:06 PM
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
I-140 cannot be revoked now, he is already past 180 days limit
I-140 cannot be revoked now, he is already past 180 days limit
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alterego
02-20 08:12 PM
EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.
Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?
This is a sign of the broken system in my view.
Then EB2 and worse yet EB3 become stuffed!
Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?
This is a sign of the broken system in my view.
Then EB2 and worse yet EB3 become stuffed!
more...
masti_Gai
02-15 09:15 AM
:confused:
why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS
why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS
mbartosik
02-20 07:21 PM
As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
more...
prem_goel
08-18 07:31 PM
most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.
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jambvan
04-12 01:19 PM
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
more...
h1bjava
03-20 02:08 PM
Hi Coolpal,
Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.
Thanks.
Did they ask you for the client letter also in your case? In my case the end client(TARP Funded) wont give any letter to contractors. Hope things will be better for you soon.
Thanks.
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sbdol
07-19 01:32 AM
Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
What do you think now? any suggestion.
I would think that you did not file at all.
If the PD was not current at the time of the first submission they should not even cash the check with the fee.
What do you think now? any suggestion.
I would think that you did not file at all.
If the PD was not current at the time of the first submission they should not even cash the check with the fee.
more...
yagw
06-04 01:17 AM
http://www.mercurynews.com/topstories/ci_12514065?nclick_check=1
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
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arrarrgee
07-05 12:38 PM
I am sure they would do that ...
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
more...
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rgrant
04-04 07:55 AM
I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.
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Robert Kumar
02-24 03:18 AM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.
more...
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forgerator
02-12 11:25 AM
if your employer is ok with the arrangement , why not?
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redgreen
06-06 04:20 PM
Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
more...
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rahulpaper
11-17 07:48 AM
Your priority date should be prior to cutoff date in visa bulletin to file a 485.
Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).
The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).
The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
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chapper
08-02 01:35 PM
Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
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retropain
08-24 06:05 PM
greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...
chanduv23
03-31 02:52 PM
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
PD_Dec2002
07-07 09:49 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
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