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in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn.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in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn.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.
wallpaper Mary J. Blige is back on the
sandeep219
03-27 04:37 PM
Hello Everyone,
I have a question related to my H1b. I used to work for employer A till Feb 2, 2007(Friday) and then moved on to employer B. I started on a project for employer B on Feb 12, 2007(Next Monday). At that time it was decided that my start date for Employer B would be Feb 5, 2007 to maintain the continuity in the job experience, although the project start date was Feb 12.
Now I have moved on from Employer B to C and employer B is saying that they can provide an experience letter showing start date as Feb 12th only because thats how they had it setup at that time.
This effectively means that I had no job for a week Feb 5-10. I am sure that employer A didnt canceled my H1b so I dont think I was out of status, but can this "out of job" status affect my GC or any other immigration related processing in future?
As you would notice, this is my first post so please excuse me if a similiar question was asked earlier. Any responses would be greatly appreciated.
Thanks,
Sandeep.
I have a question related to my H1b. I used to work for employer A till Feb 2, 2007(Friday) and then moved on to employer B. I started on a project for employer B on Feb 12, 2007(Next Monday). At that time it was decided that my start date for Employer B would be Feb 5, 2007 to maintain the continuity in the job experience, although the project start date was Feb 12.
Now I have moved on from Employer B to C and employer B is saying that they can provide an experience letter showing start date as Feb 12th only because thats how they had it setup at that time.
This effectively means that I had no job for a week Feb 5-10. I am sure that employer A didnt canceled my H1b so I dont think I was out of status, but can this "out of job" status affect my GC or any other immigration related processing in future?
As you would notice, this is my first post so please excuse me if a similiar question was asked earlier. Any responses would be greatly appreciated.
Thanks,
Sandeep.
sagar_nyc
08-25 10:48 AM
I think Canada is much better option . It's cheaper and convenient. I have heard many success stories of H1 stamping in Canada
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
2011 Mary J Blige does her own
x1050us
06-15 09:36 PM
That explains. Thanks for the reply
more...
jijiewang
02-08 09:10 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
neeidd
07-09 11:42 AM
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
Thanks for your info, coopheal
Regards
more...
Charleh
01-16 07:45 AM
I've just run a test - only when I update the control dimensions does the opacity interpolate correctly - what do I have to do to get this working without changing the entire control? Do I have to target the layoutroot and then set the propertytarget to the path of the child control of layoutroot to get the opacity anim to work?
2010 Someone to Love Me (Naked)
abhi_jais
01-09 02:31 PM
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
more...
desi3933
08-08 02:17 PM
Why don't you file a lawsuit? :)
Good one. :D
Good one. :D
hair photo for Mary J. Blige#39;s
nk2006
06-10 01:31 PM
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
more...
abcka111
05-14 01:35 AM
Any help from an attorney would be appreciated
hot Mary J. Blige weathers the
singhsa3
08-22 11:38 AM
Anyone???
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
more...
house Ain#39;t No Way featuring Mary J.
altima_le
09-24 09:38 AM
I have a question regarding Multiple I-140s.
I applied for I-140 (PD: 2006) and it got approved in 11/2006;
I applied for LC-sub (PD:2004) and it is pending with USCIS
I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.
I applied for I-140 (PD: 2006) and it got approved in 11/2006;
I applied for LC-sub (PD:2004) and it is pending with USCIS
I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.
tattoo Mary J. Blige
arnet
10-24 12:46 PM
my friends travelled on AP for about 2 months and they entered without any problem and their employment based AOS is pending in NSC. nt sure abt your case, check about your situation with USCIS or with your attroney, may be your case is different.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
more...
pictures (blackmediaSCOOP) Mary J.
dozenmatta
02-26 03:23 AM
thanks for that, i saw this initialy but overlooked it.
Do you know much about creating your own animations?do you have a tute or can you point me to a good one?
Swift3d is a great program for quick and easy 3d solutions, however more control over the export file size needs to be addressed for web based applications. what do you think?
regards
dozen
Do you know much about creating your own animations?do you have a tute or can you point me to a good one?
Swift3d is a great program for quick and easy 3d solutions, however more control over the export file size needs to be addressed for web based applications. what do you think?
regards
dozen
dresses included Mary J. Blige
prout02
02-19 12:40 PM
So now USA considers TN as a country?? Some conspiracy, eh??
more...
makeup Mary J. Blige chimes in on
good idea
04-20 04:02 PM
You are perfectly OK.
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Thanks...
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different chanels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
Thanks...
But it is worth. You will get a decision (with RFE response on its way) within a month.
thanks...
Until USCIS takes a "decision" which is "approved / denied", you keep the legal status.
Thanks...
Premium? If $1300 is not a matter for you yes.
RFE response & Premimum are two different chanels now in your case, they will be updated separately.
Remember the Premium process begins the moment USCIS enters data into the system. Not the day your check is received.
Thanks...
But it is worth. You will get a decision (with RFE response on its way) within a month.
thanks...
girlfriend Diddy and Weezy usher Mary J
bidme_786
01-02 12:46 PM
I got a soft luds on my previous H1B which was approbed in 2007 Feb and a Case Status Information email for I-140 which was approved in Dec - 2006.
hairstyles The Album is due September.
uma001
04-15 09:15 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
gcwait2007
10-14 10:27 AM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
KLKJ
06-16 06:26 PM
I' am new here and find it hard to find my way through the "post all you want wherever you want":) feel that this forum gives me.
Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.
Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).
I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D
The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)
That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?
Anyways, is there anyone out there waiting on an EAD from VSC? I hoped to see an EAD section or service center section on the forum but...
I e-filed since November 3rd 2009 for EAD and did submit absolutely all required info, did biometrics in Feb.2010 not without having to inquire couple of times about the progress of my case. To this day I have received nothing that makes sense. It is an initial card.
Yes, I have done plenty of SRE, calls, mails with return receipt until I saw a movement on my case status. My card was mailed on May 26 2010. To my surprise, after 7 painful months of wait for a card that should take around 3 months; the card for some reasons (that the post office refuse to accept as being accurate) was being returned as undeliverable on the 1st of June and again the 8th of June:confused::confused::confused::confused:: (I did call USCIS between that time time period to provide the address they already had!!!).
I have not moved at all lately. The last change of address that I did was done by mail with return receipt, online, over the phone and I did receive a mail back at my new address stating that I did update my info. It was done in Novedmber 2009!!!!
Out of the blue, the address at which I received my biometrics appointment and all other documents following the many calls and inquiries was not right when it came to mail my card....:D
The post office that I did contact told me they had no reason to not deliver that particular mail since, yes my full name is displayed on the mail box, and yes it is a house not an apartment so less mismatches an all my other mails were dlivered... I have of course updated the address that they already have couple of times already but all I can do is wait ... Oh and I did the infopass as well, they could only type a note and give me a number linked to the inquiry like I get all the time. My DL expires tomorrow and the DMV won't renew without EAD or GC ...new policy at DMV!(my I485 is pending on I360 approved)
That's where my actual burden is because I have to drive myself to school and not being able to do so is just a living nightmare for me.
Now that you get the picture, I wonder if anyone who filed for an EAD at VSC since last year is still waiting? Is there any special backlog at VSC for EAD's that could help me start to understand what is going on here?
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