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in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn.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in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn.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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pasa0202
03-28 09:15 PM
Its true... I am also in the same situation. My perm applied in Jan 2010 and H1B getting expired in Apr 2010, my company planning sending me to India to work from there. My attorney told me that once perm get approved then they can apply for I 140 even I am out of the country.
And then apply H1 B ext. and can come back to US. Let see how it works.
And then apply H1 B ext. and can come back to US. Let see how it works.
gcdreamer05
11-24 04:19 PM
We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
Unfortunately yes - RD Aug 27, you can confirm this by looking at your receipt notice that you got from your attorney.
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
Unfortunately yes - RD Aug 27, you can confirm this by looking at your receipt notice that you got from your attorney.
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flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
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solaris27
07-19 12:38 PM
yes pls
bkshres
10-07 03:59 PM
Any suggestion whether to switch attorney after using AC21 and moving to new company?
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ganguteli
04-08 01:06 PM
I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
Congrats. It means someone touched your file. Please update the LUD date in the IV tracker
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
Congrats. It means someone touched your file. Please update the LUD date in the IV tracker
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Student with no hopes
04-20 10:57 AM
RIP: Paying final tribute to John McCain's deceased integrity (http://azstarnet.com/news/opinion/article_68f0d9ac-647b-51be-b53a-a847beffe0d2.html)
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
more...
rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
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Munna Bhai
08-23 08:28 PM
HI All,
Please help me to sort out this difficult query.
Company 'X' holds my H1 Visa and i got an offer from comapny 'Y'
So i can easily xfer my H1 to company 'Y'
But i am expecting a better offer from company 'Z' in couple of days probably 2-3 weeks.It can be also the scenerio tht they may offer me in a day or two when my H1 xfer is already in process from company 'X' to 'Y'
In that case when can i xfer my H1 to company Z?
The worst solution is to get my Visa xfer to company 'Y' and after a month or so get it xfered to 'Z'. Is that possible and allowed to xfer it so quickly?
Please help.
Meera
There is nothing called "H1b transfer" basically every company applies new H1b but it is within quota and you can have multiple companies holding your h1b visa but you can work only for one company on full time rest part time and there is no need cancel H1b, just go and join the company you want to join. Hope this helps
Please help me to sort out this difficult query.
Company 'X' holds my H1 Visa and i got an offer from comapny 'Y'
So i can easily xfer my H1 to company 'Y'
But i am expecting a better offer from company 'Z' in couple of days probably 2-3 weeks.It can be also the scenerio tht they may offer me in a day or two when my H1 xfer is already in process from company 'X' to 'Y'
In that case when can i xfer my H1 to company Z?
The worst solution is to get my Visa xfer to company 'Y' and after a month or so get it xfered to 'Z'. Is that possible and allowed to xfer it so quickly?
Please help.
Meera
There is nothing called "H1b transfer" basically every company applies new H1b but it is within quota and you can have multiple companies holding your h1b visa but you can work only for one company on full time rest part time and there is no need cancel H1b, just go and join the company you want to join. Hope this helps
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Blog Feeds
12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
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mrajatish
09-14 08:45 AM
1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.
2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company
Rest should be ok.
2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company
Rest should be ok.
more...
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sc3
11-20 01:01 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
Sorry, you can't use AC21 to get that promotion. AC21 portability requires similar jobs.
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coolman775
07-23 01:35 PM
Have you received finger print requests?
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
yes I did for the I-485 after one or two month since I got my recipt number ...
Is your PD current?
I don't know what is PD stands for !...
Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...
and what is the IV ?
THank you soooo much in adance for all the informatioin.
more...
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krishmunn
02-15 07:05 AM
For TC, if you are a AAA member, you can buy AMEX TC from AAA fee free.
Also, you get better exchange rates in India with TC.
Also, you get better exchange rates in India with TC.
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averagedesi
06-20 04:45 PM
Here is an excerpt from the link below.. it sounds crazy
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
"Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "
I hope this doesnt happen.
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
more...
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rhlsur
05-08 03:54 PM
Thanks for the info Morchu. I've just been concerned with the recent emails where USCIS seems to be ignoring the successor-in-interest clause. Also, I'll have to contact my attorney to see if re-filing of I-140 is required. It took 1 year for the first one - just frustrating to think how long it will take if the re-filing is required. I guess I don't have to worry about the retrogression for the 485 stage anytime soon!
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fasterthanlight�
05-08 09:01 PM
awwww!
Took the words straight out of my keyboard, only i was going to type more w's than that.
Took the words straight out of my keyboard, only i was going to type more w's than that.
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gimme_GC2006
08-06 09:58 PM
Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
But Again I am not a expert here and could be wrong, EXPERTS please advise
well...they had my finger prints on July 28th..so they started FRESH checks all over..
Which means, by the time they complete checks, PD will retrogress and then when PD becomes current they start again.
I think I may have wasted my career by not grabbing opportunities that came to me but waiting for GC to approved..I hope not to repent a lot later :mad:
But Again I am not a expert here and could be wrong, EXPERTS please advise
well...they had my finger prints on July 28th..so they started FRESH checks all over..
Which means, by the time they complete checks, PD will retrogress and then when PD becomes current they start again.
I think I may have wasted my career by not grabbing opportunities that came to me but waiting for GC to approved..I hope not to repent a lot later :mad:
k_confused
08-16 07:57 PM
But it is too late now :(
pramodirt
12-06 12:01 PM
Thanks patchsk for giving me some hope.
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