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USEU49

01-30 05:20 PM

My situation is in some ways similar to the previous writer. My 6 years on H-1B will expire August 2010. My employer will petition for new H-1B starting August 2011 (and may petition for Labor Certification when I return again) The job description for the H-1B is the same. Are H-1B's usually/often approved in cases like this where the job is the same? Is it helpful (or not) to have had an H-1B before? Any guidelines on this? Anyone out there who has done this?

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ivdude

01-26 02:05 PM

try this one too
KITlist-Tech@yahoogroups.com, it was helpful to me couple of years ago

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Becks

02-17 08:33 PM

Check these popular jobs sites:
Dice.com
Hotjobs.com
Monster.com
CareerBuilder.com



I would appreciate if someone sends me a list of recruiters in the IT Programming area? I am in the South and Central Texas region

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gcseeker2002

10-19 03:31 PM

So if the labor cert mentions requirements for Eb2 but was filed in Eb3, can we re-file another I-140 in Eb2 for the same labor approval? Is this possible ?

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sandy_anand

01-23 01:31 PM

Thank You for this link, and again how about people who already applied I-140 and waiting years for applying Adjustment of Status, they should find a way for that, they are still considered as H1 Visa holders, and when they go for an extension, they treat them in the same category of people who just applied labor and waiting.

Some where by Oct 2009 USCIS were planning to have a Pre-Registration before applying I-485 so that all the I-140 approved folks can get EAD and AP. And before I-485 the case will be properly abjudicated. so finally they can do fingerprints and GC.

Any one have update on this?

The USCIS has put this off until June 2010.

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saurav_4096

09-06 11:15 AM

Nope.. He like red color like you.

Anyways for the prediction. I dont think that there will be any forward movement till next year july.

I hope i am wrong and we will get some decent movement.

MC

dont know if I like red or not... but I dont mind... I think this is the way frustrated people take their frustration out by giving red.

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jasonalbany

06-19 06:20 PM

My lawyer filed I-140 for me and receipt date is Janunuary 30, 2006. It is approved Last week from NSC. Don't worry about your I-140, if you apply for EB-3 immigration visa. My lawyer told me things are going to be worse now. We have to very patient to wait for when the I-485 will be available.

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rodnyb

11-22 12:44 PM

Thanks, man.

Do you have a list for self filing EAD, self-filing AP/EAD together?

By the way, do we need to keep AP renewed if I don't plan to travel in near future? For example, my AP expires in Dec. My next travel abroad is planned in July 2010, can I renew it March 2010? Or I have to keep it no gap as the case with EAD?

Thanks

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Life2Live

10-30 09:58 PM

Hi Gurus,
I just got message from my employer that my I-485 petition got returned due the I-140 is not cleared yet (recently one notice sent from USCIS for I-140 yet to be received).

My 485 filed on Aug 14th 2007, so far no receipt number yet for me. Is it possible to happen such scenario please advise.

I am kind of hard to believe I-485 petition returned due to I-140 is not cleared yet, further more no receipt notice received for I-485.

What can I do at this stage if that is true?...........

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desi485

02-28 06:03 PM

dont' think there is anyother way. But u do not need copy of 140 to use AC21

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rahul2699

05-11 12:17 PM

I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?

why do you think illegal kids suffer more? Isn't getting a visa stamped suffering these days? The whole argument about "parents made a mistake and why do you want kids to suffer" is a total BS i think. It is parents choice and parents know better about their kids.

btw try to work on your writing skills a bit

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GKBest

07-17 11:39 AM

AT least IV knows that an announcement will be made soon whereas AILA was dispelling rumors yesterday.

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zoozee

11-06 12:51 PM

Me and my spouse both of us received our ead card y'day - can anyone send me the link to the forms of ssn - Thanks in advance.

Best Wishes to all.

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dontcareanymore

06-05 03:07 PM

The best answer is : Talk to a lawyer.

having said that, I think if the original H1 is still valid, you can go back to the original employer (assuming they are willing to take back). If you go to the third employer , you may need the latest pay stubs again for H1 transfer and I don't think you can give the latest from your second employer without inviting further questions and thus drawing attention to the denial.

I believe your best bet is to go back you your original employer who has your valid H1 and get a few pay checks , find another employer and leave the company only after the H1 transfer.


Alternatively you may just go to EAD/AOS status and start working. If some thing goes wrong , you can always file for MTR.

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tempy

02-13 11:21 PM

One of my friends work from his home office as his client is a consulting company and required him to work from home (to support multiple clients of their own and that is their business model).

He lives in a different state than his H1B employer. The employer filed the LCA for employee's home location. Is that okay? I always wonder how the LCA should work for this kind of situation. Any thoughts?

Thanks!

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karanp25

05-28 12:08 AM

Anyone has further information on how to update representation. It's been almost 5 weeks now, since my attorneys sent the G-28 requesting change of representation, but USCIS still shows my old employer's attorney on their records?

can i take an infopass appt or any other suggestions?

Hi,

My I-140 was approved 1.5 yrs back and I-485 was filed on July 2nd 2007. After my I-485 was pending for more than 180 days, i changed my employer and the new company's immigration attorneys sent updated G-28 forms to USCIS to change representation of my wife's and my pending I-485.

It's been almost 3 weeks, and i assume USCIS does not acknowledge G-28 update. Is there any way to confirm with USCIS if the representation was changed based on updated G-28 filed by the new employer's attorneys.

Any suggestions/comments from people in similar situation.

Thanks!

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h1bnogc

08-30 06:40 AM

You should be admitted for the full 3 year period indicated on the I-797. At the port of entry, make sure that you show the CBP Officer the extension approval notice and highlight the validity dates. Then, before leaving the inspection area, inspect the "admitted until" date on your I-94 and those of your family members. If any of the dates are not correct (or difficult to read) politely request that the CBP Officer fix the problem. (THIS SHOULD REALLY BE STANDARD PROCEDURE FOR ANYONE ENTERING THE US IN NON-IMMIGRANT STATUS)

You might want to direct the officer's attention to Chapter 15, Sec. 4(h) of the CBP INSPECTOR�S FIELD MANUEL which states:

"Terms of admission: Admit H-1B for validity of petition plus a maximum of 10 days prior to the validity date of the petition and up to 10 days after the expiration date [8 CFR 214.2(h)(13)].....

Terms of admission: Admit H-4 for same period as principal."

In the unlikely event that the officer insists on admitting you for only 10 days, you can return to the port of entry to request a corrected I-94, or your employer can file another I-129 petition to extend your status (w/ I-539 for your family).

Ann:

Thanks for taking time in responding to our queries. It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date. Specially considering 10 days rules it appear that if I return to US on old visa before 10 days of visa expiry and old I797 approval expiry, they will give I94 based on old approval not based on new one, new approval which is extension of stay.

Is my understanding correct? thanks

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C_Carrey

03-02 09:03 AM

Hello all -

Here is an interesting question:
If you have filed your I140 and I485 for US green card process (through EB based process) -
Is there negative impact on your green card procedure, if you apply for Canadian green card?
Having applied for US GC, does it help you in the Canadian green card process? or Does it hurt your prospects of getting Canadian Green card?

How does Canadian green card procedure work out? and is it better than US green card?

Would appreciate your insights and any information you might have.

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bobzibub

10-30 12:05 PM

Colorado is hardly a border state by any means, nor is it faced with a flood of illegals. How can a guy with one single point of argument keep getting re-elected to office? I suppose they voted based on party lines and not on the stance on issues. Either that or Littleton, CO has to be the most backward community in the US.

It is somewhat backward here in Colordado --especially smaller towns. There are very few "native" Coloradoans. They mostly have mullets and "native" Colorado license plate style bumper stickers. None are what I would call Native-American. The "natives" blame new comers for things such as litter. (Which obviously never happened before.) It is a natural progression of blame to blame Mexicans (for traffic accidents, rapes for example) for the many nativists here.

Bye bye to the big bigot!

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Dhundhun

08-30 05:34 PM

Code 1: Fingerprinting, total 14 prints (
-- All fingers/thumb alone rolled (10) +
-- thumbs unrolled (2) +
-- four fingers together (2),
-- special cases for missing or extra or injured)

Code 2: Biometric, total 1 print of index finger unrolled + Photo + Signature

Code 3: Code 1 + Code 2

Code 4: Don't know yet

For I485, Code 3 is used
For EAD, Code 2 is used. If code 2 FP is not taken, EAD will mention no FP available.
For TPS/EAD sticker, Code 4 is used: TPS = Temporary Proctation Status. One post reported Code 4 notice for EB - AOS also.

Note:
1. Although Code 3 means Code 1 + Code 2, this code 2 generally not used for EAD; because the EAD photograph can be max. 30 days older than EAD Application Date
2. Based on various posting and my experience, when FP notice is scanned at It pulles most of the information such as name, address, etc from database. But FP officer has to manully enter two three infomation including FP being done for I485 or I765. If these information not entered correctly LUD for FP does not happen.

Hope this removes confusions.

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xerces

10-19 09:24 PM

Most likely the second perm will be denied automatically. However this will not affect your already approved perm & I140.
I tried to do the same thing, but it was denied the same day. According to the regulation - this would be allowed - but the perm software is not working this way. The lawyers should know about this - I guess - mine did not know.
However - it looks like the perm software will be changed - so it will not deny automatically, at least this was on Matthew Oh's web site:

from http://www.immigration-law.com/

09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.

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