nviren
04-28 04:20 PM
Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
little_willy
05-02 01:51 PM
YES. You can. I know atleast 2 of my colleagues doing this. They got 3-year extension with new employer even when more than 6 months are left in the initial 6 years of H1. This won't be an issue.
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
manand24
08-11 01:10 PM
Pd April 2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
more...
Munna Bhai
08-28 09:05 AM
thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.
yes, that is true
yes, that is true
GotGoose?
04-18 06:27 PM
Added another stamp - see first post.
more...
webm
02-20 02:01 PM
Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,
HTH,

pankaj_singal
11-18 11:04 PM
This is a situation with my friend that I am posting under my name...
Questions are mostly related to regarding EAD situation
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment? If he goes to India on AP.. for how long could he go?
4. Could he take up any job and keep switching till priority date becomes current? Also what happens if and when priority date becomes current?
Thanks.
Questions are mostly related to regarding EAD situation
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment? If he goes to India on AP.. for how long could he go?
4. Could he take up any job and keep switching till priority date becomes current? Also what happens if and when priority date becomes current?
Thanks.
more...
abhaykul
09-10 09:02 AM
Gr8 job ! Shilpa and Aman and all core members ...Keep it up
bekugc
03-17 09:29 PM
regarding the below question while using AC21
2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?
can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS
thanks
2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?
can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS
thanks
more...
nashim
08-07 11:51 AM
Good job, people can laugh by this post in a busy work schedule.
shreekhand
08-20 01:55 PM
I didn't quiet get from your message whether the "08xxxxxxx" has an "A" preceding it. In all probabilty it should.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
If it indeed has an "A". It is a A# so you might as well forget about deducing on a visa # being assigned based on the A# on the FP :)
An according the website you referred to, nowhere does he mention about a visa #. The A# being assigned for life has nothing to do with a visa # !
All,
I'm trying to understand if it is a general practice of USCIS to specify an A# on the FP notice. My FP notice has an A# that starts with 08xxxxxxx. I wonder if it is the actual visa number since according to http://www.kkeane.com/general-faq.shtml my number is the visa number:
<QUOTE>
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
</QUOTE>
My PD for EB3 was current in the June 2007 bulletin and I applied for AOS on 06/28.
more...
chalamurariusa
04-28 02:52 PM
Thanks . I will surely update when we hear from USCIS
ArunAntonio
09-16 01:15 AM
Members in and around the DC area please show up for the Rally, we all need to participate to make this a success.
We all are the benificiaries of any positive out come of this, why not be a part of it?
Please join the rally.
We all are the benificiaries of any positive out come of this, why not be a part of it?
Please join the rally.
more...
reddymjm
08-04 07:52 AM
Me too got the same email.
gc28262
11-30 10:52 PM
All,
I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August
I filed on August 15th
No receipt notice yet as of Nov, 5, 2007
Anybody else in similar situation ?
My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.
I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August
I filed on August 15th
No receipt notice yet as of Nov, 5, 2007
Anybody else in similar situation ?
My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.
more...
AGC4ME
02-12 10:06 AM
I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.
vipul_pandey
12-11 02:37 PM
iv heard that it's taking long for extensions. some people I know of are waiting for over 3-4 months - although for you it seem to have taken even longer. If i were you - I would get it upgraded to premium. My extension got filed under premium and I got my approval notice in 15 days (as usual).
ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
Raj_345
07-11 11:24 AM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?
Please advise.
Thanks
sayantan76
07-30 06:25 PM
I got the following email alert today from USCIS:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On July 28, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Does it mean my GC is approved or is there any other step - what is this ADIT processing?
Anyways - for statistics purposes....my I140+485 was filed concurrently in Dec'2006. 140 was approved last week. FP was scheduled for Jan 2'2006 - I could not make it on that date - got FP done in mid Feb'06. EAD and AP came in Feb'06.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On July 28, 2007, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later.
Does it mean my GC is approved or is there any other step - what is this ADIT processing?
Anyways - for statistics purposes....my I140+485 was filed concurrently in Dec'2006. 140 was approved last week. FP was scheduled for Jan 2'2006 - I could not make it on that date - got FP done in mid Feb'06. EAD and AP came in Feb'06.
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