varumo_varatho
12-25 10:58 AM
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
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njboy
02-12 02:29 PM
first of all, your question is irrelevant..if you are going to canada, you are not required to submit your i-94. your new i-94 is the one attached to your h1b approval..so ..it doesnt matter how long they stamp your visa..you can stay in US till the date of the i-94 you got attached to your h1b approval notice
eb2green
05-01 12:15 PM
I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.
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mohitb272
10-22 04:03 PM
My friend also got her checks encashed last friday...thanks for replying everyone :)
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mhtanim
05-16 05:31 PM
All,
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
6 months wait to get something that's valid for only a year? Wow!
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
6 months wait to get something that's valid for only a year? Wow!
Appu
04-08 04:23 PM
Zogby, Time, CNN, ABC news, CBS news to do a poll this way:
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
Who do you think is right on immigration - the house or the senate?
I bet a majority will say "the senate". That should give the House anti-immigration group some pause.
Right now the house majority is doing very badly in popular polls. With a poll like this, they will learn the wrongness of their ways! Like the senate did in the Schiavo case.
If you do find a poll like this, popularize it by sending it to local news outlets.
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GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
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vbkris77
04-13 11:06 PM
Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
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logiclife
12-15 10:39 AM
This is actually good. this means that the company will not meddle in H1B and your papers and do whatever the lawyer says should be done.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
That means that you have a chance to hire your own lawyer and establish contact between company and lawyer.
It may cost your some money to hire a lawyer, but trust me, having your own lawyer that is employed by you (rather than employer) is worth 10 times the lawyer's fees. Get a lawyer, ask your company to talk to that lawyer and follow his/her directions. All you company has to do is provide the paperwork.
Tell your company that its not a big deal and even 10-employee companies sponsor H1 and its a matter of paperwork.
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sroyc
11-09 01:53 AM
I'm interested in being part of this group. I realized last weekend that I'm not so great at handing out flyers and reaching out to random people.
I would rather spend my time on things that I'm good at. I can help with writing, analysis, drawing, etc.
I would rather spend my time on things that I'm good at. I can help with writing, analysis, drawing, etc.
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a_yaja
03-19 11:26 AM
For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.
Thanks!
How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.
I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.
Thanks!
How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.
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alterego
10-09 05:57 AM
Another example of how this issue has now so clearly become a political hot potato in this country.
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wellwishergc
08-02 02:36 PM
I agree with logiclife. Consulting a good lawyer like Rajeev Khanna or Murthy is the best approach to go forward.
Although perm2gc has many of the questions answered correctly, every case may be unique. There may be possibilities that your brother can still come to US. The lawyer may be able to help you with a legal way of going about it.
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
Although perm2gc has many of the questions answered correctly, every case may be unique. There may be possibilities that your brother can still come to US. The lawyer may be able to help you with a legal way of going about it.
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
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hebron
04-03 10:49 AM
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
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gsc999
01-08 04:41 PM
you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.
------
Toy-R-Us's decision to award $25K bond to all three babies is a result of economics and not that much of political pressure, altough that is the catalyst. They recently opened their store in China. They don't want -ve publicity, this is economics not politics. With the dollar falling through the basement, MNCs are diversifying their Sales mix outside of US, altough, that is not the only reason.
------
Toy-R-Us's decision to award $25K bond to all three babies is a result of economics and not that much of political pressure, altough that is the catalyst. They recently opened their store in China. They don't want -ve publicity, this is economics not politics. With the dollar falling through the basement, MNCs are diversifying their Sales mix outside of US, altough, that is not the only reason.
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GoneSouth
05-31 09:37 AM
You guys have my $100.00. 502(d)(2) must die ! ;-)
Good luck !
- GS
Good luck !
- GS
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chapsi29
06-25 12:57 PM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
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gapala
05-14 10:21 PM
Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.
You should be a safe - EB2.
Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.
arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..
Thanks in advance.
I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.
1)US Advance Degree (Masters) OR Equivalent
2) US Bachelors or Equivalent + 5 Years of progressive experience.
3) Three out of 4 below need to be provided to classify under Exceptional ability
---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;
---- b) A license to practice the profession or certification for a particular profession or occupation;
---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
---- d) Membership in professional associations;
---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
You should be a safe - EB2.
Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.
arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..
Thanks in advance.
I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.
1)US Advance Degree (Masters) OR Equivalent
2) US Bachelors or Equivalent + 5 Years of progressive experience.
3) Three out of 4 below need to be provided to classify under Exceptional ability
---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;
---- b) A license to practice the profession or certification for a particular profession or occupation;
---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
---- d) Membership in professional associations;
---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
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smiledentist
10-26 01:16 PM
thanks arnet
sac-r-ten
01-30 11:43 AM
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
sac-r-ten
01-30 11:43 AM
Hello Sac-r-ten,
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.
Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.
Your input might help me. Thank you in advance
I have a BE in Electronics (4yrs) from reputed univ in india. they thought it is a 3 yr course and denied it. i did education eval and sent them all the semester marksheets, degree certificate (which i had sent in original I140 application as well) again along with the eval. How can they be so blind. all the hardships i went thru in my engg just flashed thru my eyes when they said they did not find it equivalent to their course done here.
Anyways,I am relieved that at least i have a H1 now for few more yrs.
All the best to you.
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