GMKrishna
08-11 03:37 PM
You can re-file a denied I-140. In my case, first I-140 was denied in 2006 but never received the denial notice, so time for appeal lapsed. However, during 2007 July, we concurrently filed using the same labor. The second I-140 was approved in 2009. Both the I-140s were processed by Nebraska Service Center.
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
Hence, based on my experience, you can refile but you should be able to over come or at least have strong enough reasons to over come the cause of initial denial.
I am not sure on how to deal with with-drawl of your existing appeal and 485 petitions.
As far as 180 day rule of labor is concerned, my understanding is that, based on USCIS clarification, it only applies to initial filing of I-140 petition but not for re-filing as long as the original I-140 was filed with in permitted time. You can go through websites of Murthy / Rajiv Khanna for authentic information on this.
Good Luck,
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h1bdude1
04-21 11:18 AM
anybody please answer my question......
thanks
h1bdude1
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h1bdude1
WaitingUnlimited
09-21 11:13 PM
Any advice?
Thanks
Thanks
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vbkris77
07-24 10:06 AM
Hello,
Can Team-IV go to USCIS as a group to ask them to clear the I140s pending quickly. This way, we can ask CIS to follow the FIFO rule.
If they can clear 100+K I129s in 6 months, Why can't they do the same for I140s??. I think there are about
135K pending I140s in CIS (Source immigration-law.com).
That would equate to 340K I485s pending. Even if I consider 10% as duplicates(No Source, just estimate), we will still get about 300K I1485s in the processing queue. This way, everybody will know which category is backlogged and plan accordingly.
As an Individual, we also will have one of the stage completed and be eligible for longer extension of stay etc.
Any suggestions???
Can Team-IV go to USCIS as a group to ask them to clear the I140s pending quickly. This way, we can ask CIS to follow the FIFO rule.
If they can clear 100+K I129s in 6 months, Why can't they do the same for I140s??. I think there are about
135K pending I140s in CIS (Source immigration-law.com).
That would equate to 340K I485s pending. Even if I consider 10% as duplicates(No Source, just estimate), we will still get about 300K I1485s in the processing queue. This way, everybody will know which category is backlogged and plan accordingly.
As an Individual, we also will have one of the stage completed and be eligible for longer extension of stay etc.
Any suggestions???
more...
H1B-GC
06-24 03:10 PM
^^^ Please!!
kumar26fl
08-18 09:46 PM
Hi,
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
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admin
02-09 01:27 PM
Microsoft is definitely working on increasing H1-B and EB GC quotas. It is possible that they might have been one of main proponents of the immigration clauses in S.1932
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Blog Feeds
05-20 01:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Chun in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.
Recently, Alan Bersin (http://en.wikipedia.org/wiki/Alan_Bersin), the commissioner of US Customs and Border Protection (http://www.cbp.gov/) -- the head of all the border guards -- told Congress (http://www.google.com/hostednews/ap/article/ALeqM5j07I9Bw4Q1kxusXReW4qAjNPdR2AD9FM4S300) that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.
Bersin is the head of US Customs and Border Protection.
Bersin is a former California Secretary of Education.
Bersin is a former US Attorney.
Bersin went to Harvard and Yale.
Bersin says he had no idea he had to follow the law?
Why is he lying to us?
--jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/05/even-federal-officials-dont-know-immigration-law.html)
http://www.immigrationvisaattorneyblog.com/Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Chun in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.
Recently, Alan Bersin (http://en.wikipedia.org/wiki/Alan_Bersin), the commissioner of US Customs and Border Protection (http://www.cbp.gov/) -- the head of all the border guards -- told Congress (http://www.google.com/hostednews/ap/article/ALeqM5j07I9Bw4Q1kxusXReW4qAjNPdR2AD9FM4S300) that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.
Bersin is the head of US Customs and Border Protection.
Bersin is a former California Secretary of Education.
Bersin is a former US Attorney.
Bersin went to Harvard and Yale.
Bersin says he had no idea he had to follow the law?
Why is he lying to us?
--jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/05/even-federal-officials-dont-know-immigration-law.html)
more...
skp71
05-28 06:02 PM
Do they really know our name check status in local INS? When I spoke to NSC an year back, they said that my name check is done and waiting for visa numbers. when I went local INS office recently, she simply checked the online status (which we used to login and see) and she told that my name check is pending. It's been 4 years since I filed my 485, how is this possible?
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ranand00
09-11 08:14 PM
Hi
My h1 extension is under process. Once it gets approved can I am thinking of going to canada and get it stamped. My wife has also applied for cos from h1 to h4. It was not applied with my h1 extension but was applied 1 month later.
My question-
Can we go for h1 stamping for myself(once approved) and h4 stamping for my wife , even though her h4 is pending.Would I-539 receipt notice would suffice .
Thanks
anand
My h1 extension is under process. Once it gets approved can I am thinking of going to canada and get it stamped. My wife has also applied for cos from h1 to h4. It was not applied with my h1 extension but was applied 1 month later.
My question-
Can we go for h1 stamping for myself(once approved) and h4 stamping for my wife , even though her h4 is pending.Would I-539 receipt notice would suffice .
Thanks
anand
more...
kim123456
12-30 02:19 PM
Guys,
Thank you for your reply.
But I do not want to loose my H1B status, mean not to use EAD.It has been almost 1.5 year since I140 approved but I never work for the company who filed greencard for me. Does it matter? What is final solution to get greencard since company is closing.
Thank you for your reply.
But I do not want to loose my H1B status, mean not to use EAD.It has been almost 1.5 year since I140 approved but I never work for the company who filed greencard for me. Does it matter? What is final solution to get greencard since company is closing.
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Butters
04-08 12:06 PM
Sweet, nice one fest :thumb:
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gcisadawg
02-25 04:53 PM
No transit visa needed if you are using AP.
If you are using H1B and you dont have a valid stamp on your passport, then you need to verify.
If you are using H1B and you dont have a valid stamp on your passport, then you need to verify.
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jsb
11-02 04:26 PM
My labour was filed for a software engineer position (java, udb, etc) 3 years ago. Over that time, my role has changed to a project manager. Infact I don't do any coding anymore. If I invoke AC21 after 180 days, can I switch to a Project Manager position?
thanks,
These are two different skills, unless you can manage to have job description of your new job to be the same as in LC. Or you can leave it the way it is, provided your employer intends to hire you as a software engineer upon approval of LC, and you intend to accept it. In the meantime, do whatever you want - project management or anything unrelated.
thanks,
These are two different skills, unless you can manage to have job description of your new job to be the same as in LC. Or you can leave it the way it is, provided your employer intends to hire you as a software engineer upon approval of LC, and you intend to accept it. In the meantime, do whatever you want - project management or anything unrelated.
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Munshi75
04-28 08:00 AM
Check with your attorney first about your paper and make sure that it is still not sitting on his table in the pile of papers.
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mnkaushik
02-09 03:36 PM
My Lawyer said the same thing. If you say the minimum requirement for a particular job is Bachelors + 5years of exp then every person hired for that position in the past should have Bachelors + 5yrs of exp.
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ita
01-12 08:47 PM
I wanted hear another opinion apart from my own. It surely did help.Thank you.
I don't believe leaving the company that you had signed an I-9 form with have any impact on your GC app as long as you have a same or a similar job lined up if and when you do get an RFE regarding the same.
As mentioned several times, GC is for future employment and you can switch employers as many times as you want under AC21 (of course you don't want to go overboard with switching employers every few months either :)).
I hope this helps - again this is my understanding of the law and not a legal opinion.
I don't believe leaving the company that you had signed an I-9 form with have any impact on your GC app as long as you have a same or a similar job lined up if and when you do get an RFE regarding the same.
As mentioned several times, GC is for future employment and you can switch employers as many times as you want under AC21 (of course you don't want to go overboard with switching employers every few months either :)).
I hope this helps - again this is my understanding of the law and not a legal opinion.
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snvlgopal
02-05 04:41 PM
Thanks Chantu
Thats ok even if she doesn't have AP. That is perfectly fine. Don't worry her H4 is already stamped and she has time till next year. She is totally safe even if she does not have AP.
Thats ok even if she doesn't have AP. That is perfectly fine. Don't worry her H4 is already stamped and she has time till next year. She is totally safe even if she does not have AP.
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j751
01-02 09:27 PM
Thanks WandMaker. Actually, I meant the receipt date and not PD. Thanks for catching up. Can't wait to get my I-140 processed...
shree2010
01-08 03:33 PM
Can somebody pls respond....
sai
03-27 09:08 PM
what would be the likely effect of this ?
