GCBy3000
11-09 11:59 AM
You message is not clear. Are you saying he cannot work without getting a new H1. If he needs to get a new H1, then he needs to go out of the country for more than a year and come back later with a new H1.
I beleive, he can do H1 transfer. By the way, the new company should also start your labor and I140. Still you can port your PD if you have already 140 approved.
There is nothing tricky, it is plain and simple: you want to switch jobs?
You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.
I beleive, he can do H1 transfer. By the way, the new company should also start your labor and I140. Still you can port your PD if you have already 140 approved.
There is nothing tricky, it is plain and simple: you want to switch jobs?
You have to apply for a new H1. You absolutely cannot use your current H1 to work any other job.
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rb_248
09-11 03:18 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4357.html
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
E. EMPLOYMENT VISA AVAILABILITY
Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the �unavailability� of all Employment Third preference categories beginning in July, 2) the �unavailability� of numbers for China and India Employment Second preference adjustment of status cases during September, and 3) the establishment of many October Employment cut-off dates which are earlier than those which applied during FY-2008.
Little if any forward movement of the cut-off dates in most Employment categories is likely until the extent of the CIS backlog of old priority dates can be determined. It is estimated that the FY-2009 Employment-based annual limit will be very close to the 140,000 minimum.
rockstart
09-26 12:16 PM
HI All,
My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.
I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..
Could Pls some one suggest the best course of action..
thanks
mars
Hang in there it takes 5 working days to get the LCA approved once you send the FEIN details.
My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.
I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..
Could Pls some one suggest the best course of action..
thanks
mars
Hang in there it takes 5 working days to get the LCA approved once you send the FEIN details.
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GCAmigo
12-24 08:24 PM
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Legal
08-04 09:31 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question #1, page 2 addresses this issue.
Question #1, page 2 addresses this issue.
pani_6
03-19 02:10 PM
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06-28 02:01 PM
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I work for Non profit Organisation
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04-17 09:25 AM
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number30
07-27 04:46 AM
Hi
I lost my job in January and since I was not able to get a new project. So, returned back to India in May'09. My AP was valid till 21-July-2009. I did not file for extension while in US.
Now, I am getting a job in US and the employer is asking if I could join immdiately. Please let me know:
1. If there is any option for me to renew my AP from India?
2. Any other options, since my H1B got expired (6 years) in May'09.
Note: My EAD is valid till June 2010.
Thanks for your help.
You cannot file AP while you are out side US.
You can still apply for seventh yeat extension and go for stamping.
I lost my job in January and since I was not able to get a new project. So, returned back to India in May'09. My AP was valid till 21-July-2009. I did not file for extension while in US.
Now, I am getting a job in US and the employer is asking if I could join immdiately. Please let me know:
1. If there is any option for me to renew my AP from India?
2. Any other options, since my H1B got expired (6 years) in May'09.
Note: My EAD is valid till June 2010.
Thanks for your help.
You cannot file AP while you are out side US.
You can still apply for seventh yeat extension and go for stamping.
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04-23 08:01 PM
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fromnaija
06-21 07:17 PM
While you could have two H1B with two different employers, it is logically impossible for both to be full-time positions. So logically, you could have one full-time position and one part-time position or both as part-time positions. In either case you I-129 will have to be amended to show that you are in part-time position with the employer.
Hi,
Currently working with Company A, where I have I-140 approved. The employer is willing to file I-485. Also have a better offer with Company B, and have H1B approved. Is it possible for me to take leave from company A (using my PTO) and joint company B, keeping both jobs on H1B status?
As my H1B is valid with 2 companies, and both are for full time positions. Is it okay for me to be actively employed with both companies at the same time for 2 or 3 months? Do I violate any H1B regulation, that may cause denial of I-485 at later stage?
Thanks,
Hi,
Currently working with Company A, where I have I-140 approved. The employer is willing to file I-485. Also have a better offer with Company B, and have H1B approved. Is it possible for me to take leave from company A (using my PTO) and joint company B, keeping both jobs on H1B status?
As my H1B is valid with 2 companies, and both are for full time positions. Is it okay for me to be actively employed with both companies at the same time for 2 or 3 months? Do I violate any H1B regulation, that may cause denial of I-485 at later stage?
Thanks,
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vnsriv
03-25 02:18 PM
Please search the forum. There are a number of similar threads. Keep searching USCIS site for a further update. Relax , pray and dream
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacIwZicgcUB c-Vja4Apr
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=bacIwZicgcUB c-Vja4Apr
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automaton2
August 28th, 2009, 01:31 PM
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I saw a cool eos model with eye focus:eek:
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hmehta
05-23 10:35 PM
Because if the person applying via EB based Green Card is married and if has children that many number of visas are used up when his application is approved, so even the petition was done for just 1 person, possibly, 2-3 unnecessary visas are being used up.
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01-06 12:13 PM
Change.org (http://www.change.org/ideas/browse) (pick Immigration in the browse by cause box on the right side of the screen) is now actively voting on various ideas.
There are 3 ideas there, but none for our cause.
I am no pro on these, but may be we could get an idea inserted for our cause and get enough votes on it.
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GCMangataHai
10-20 10:59 PM
I think you may have to file amanedment for this. Please talk to your attoyner for this.
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GMKrishna
08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
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InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
kevinkris
08-14 04:55 PM
:mad::mad::mad::mad:
I want to know that person and give a red back !!
Let me know
I want to know that person and give a red back !!
Let me know
Ram_C
02-14 12:46 PM
Hi ,
howmany days will it take by USCIS to give decision once after we submit all relevant documents for I140 RFE.
Center-TEXAS
Thanks
usually 1 to 2 weeks (atleast in my case it was 1 week),
hey, but again never forget that you are dealing with USCIS, they are consistent in being inconsistent.
good luck and hope you get your I-140 approved soon. :)
howmany days will it take by USCIS to give decision once after we submit all relevant documents for I140 RFE.
Center-TEXAS
Thanks
usually 1 to 2 weeks (atleast in my case it was 1 week),
hey, but again never forget that you are dealing with USCIS, they are consistent in being inconsistent.
good luck and hope you get your I-140 approved soon. :)
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