clear485
08-26 02:30 PM
Hi Guys,
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
Recently went through the following info....don't know if it helps you or not....
USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal
The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.
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kartik2912
10-16 12:51 PM
Hi,
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
ilikekilo
04-09 03:50 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
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andy garcia
03-28 08:12 PM
Fiscal year 2007 -- Does this mean all the visas issued from nov-07 till date or nov-06 to oct-07 ?
Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007
Fiscal Year 2007 means Oct 1, 2006 to Sep 30, 2007
more...
rock945
06-21 08:18 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
do you know if you can retain your PD from your eb3 application for your new application..
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
do you know if you can retain your PD from your eb3 application for your new application..
srarao
07-21 11:02 PM
Hello,
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
more...
sheish
09-22 11:03 AM
Hi,
Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?
Thanks.
Thanks for the response. So, technically, there is a window between when I transfer to Company-B and Company-B files my PERM, in which Company-A can withdraw/cancel my I-140. So, what happens to the status in that case? Will the Company-B H1(transferred) still be valid?
Thanks.
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loudobbs
08-28 04:56 PM
Hi
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
more...
aarzoo
04-21 08:05 AM
Not sure if you can find one in Delhi, but there is someone in Mumbai - Poorvi Chuthani. A friend of mine is consulting her currently
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forgerator
05-19 07:01 PM
Welcome to the length/hassle prone/worry-filled process of obtaining the H1B Visa Stamp!
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bestofall
03-14 08:57 PM
You deserve good Appreciation from rest of the members for taking the lead, I Wish you success
Go IV !
Go IV !
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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)
More... (http://blogs.ilw.com/gregsiskind/2010/04/christian-organization-vows-to-defy-arizona-law.html)
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gc_check
01-25 11:07 PM
Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
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Maqrkk
03-04 05:23 AM
Wow, nice!
more...
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voldemar
01-17 01:50 PM
I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???
No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.
No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.
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testsite
11-21 01:06 PM
Hello, I have a question I hope someone is able to answer :)
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
more...
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bbenhill
02-05 04:40 PM
I had that issue as well ..my parents returned to US after 3 months and got a lot of questions. I don't think POE will deport your parents.
Thx
My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....
It's all depends on the officer & POE
Thx
My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....
It's all depends on the officer & POE
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perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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pan123
12-29 05:53 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
Sachin_Stock
12-17 04:14 AM
I too, am in process of changing my address, however in this transition period I have put a hold in USPS mail. This way, I got all my travel docs from local post office safely. A colleague of mine had same exact situation like you, and he had to re-file it again.
Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.
Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.
ricky26
04-24 12:26 PM
Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.
Does that makes sense ?
Does that makes sense ?
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