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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h_shaik
10-25 01:48 PM
bump
gcobsessed
11-26 02:41 PM
Looks like an interesting option for those in health care if you speak Hindi, Tamil, Bengali, etc. to get US citizenship within a few months without going through the green card process mess...
ILW.COM - immigration news: Frequently Asked Questions About The Army�s New Non-Citizen Recruiting Program For Foreign Health Care Professionals (http://www.ilw.com/articles/2009%2C0317-stock.shtm)
Any idea on what the chances of being called for active army duty might be within the 6 year period you are enlisted?
ILW.COM - immigration news: Frequently Asked Questions About The Army�s New Non-Citizen Recruiting Program For Foreign Health Care Professionals (http://www.ilw.com/articles/2009%2C0317-stock.shtm)
Any idea on what the chances of being called for active army duty might be within the 6 year period you are enlisted?
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sreeanne
11-16 06:22 PM
Guys,
My wife was working on H1B now and she got EAD last week. Out of the following options which is TRUE and which is BETTER.
Option 1--> Moving to EAD from H1B by signing on I-9
Option 2--> COS from H1 to H4 and then to EAD.
I read in some of our threads that if we choose option 1 and if something goes wrong in AOS, we have to file for new H1B again. We have to wait for quota etc etc.
I also read that if we choose Option 2, if something goes wrong in EAD, we can always change back [ie RESUME]to H1B.
I am not so sure about these. Could some one share their thought.
Thanks
sree
My wife was working on H1B now and she got EAD last week. Out of the following options which is TRUE and which is BETTER.
Option 1--> Moving to EAD from H1B by signing on I-9
Option 2--> COS from H1 to H4 and then to EAD.
I read in some of our threads that if we choose option 1 and if something goes wrong in AOS, we have to file for new H1B again. We have to wait for quota etc etc.
I also read that if we choose Option 2, if something goes wrong in EAD, we can always change back [ie RESUME]to H1B.
I am not so sure about these. Could some one share their thought.
Thanks
sree
more...
singhsa3
02-06 12:11 PM
Strange but its true.. Height of stupidity. Read the story below:
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
Jeff Wheeler
10-11 11:38 AM
If not, it's a funny coincidence.
More, it's funny that he didn't understand the reference in the post. :P
More, it's funny that he didn't understand the reference in the post. :P
more...
CRAZYMONK
07-26 02:15 PM
If the petition is approved under Consular Processing then they need to leave the country. Other wise no. The reason for Consular Processing would be not maintaining the status continuously.
If you get I94 along with the approved H1B then you are fine. If not, you need to leave the country and get it stamped. Your other friends might have not got I94 along with their approved I94
If you get I94 along with the approved H1B then you are fine. If not, you need to leave the country and get it stamped. Your other friends might have not got I94 along with their approved I94
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jerrygreat
11-25 09:09 PM
Hello, All buddies:
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
more...
skp71
05-10 11:49 PM
My friend and his wife 485, EAD and AP applications are pending. Do they need to send 1 AR-11 for each pending forms (totally 6 AR-11s)? There is no place to put all pending LIN number in the AR-11. We can put only A#. How does it work? Please reply.
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kunalmeh
06-27 03:51 PM
HI... we get 2 slips.. yellow and pink from HDFC.. I have my yellow slip but lost the pink slip and i have the photo copy of tht pink slip with HDFC bank stamp... will it allow me to enter the consulate at Delhi..?
more...
STAmisha
08-01 05:22 PM
Thanks for the information.
say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
Or I have to pay seperate $1000 for spouse's 485?
say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
Or I have to pay seperate $1000 for spouse's 485?
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GCBy3000
02-26 05:56 PM
As far as I know, yes.
Your 3rd question is not correct. You will not get new visa until you get it stamped.
Your 3rd question is not correct. You will not get new visa until you get it stamped.
more...
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simbasimba
03-26 01:16 PM
TO HRPRO: Thanks for your advise, going back to do the formalaties wont be an option, but yes she can go back to apply from over there for a H4, we are planning to send our docs to the embassy so that we can get a marriage certificate from her country, will that help?
Anyone with a second opinion on my case. Thanks!
Anyone with a second opinion on my case. Thanks!
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kirupa
03-27 12:44 AM
Added your first one Junaidi :)
Please create a second thread for your second entry so that I can link directly to it!
Please create a second thread for your second entry so that I can link directly to it!
more...
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rb_248
02-14 07:47 AM
VISA BULLETIN FOR MARCH 2007 is out http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html. No change in EB2.
OMG really.....thats awesome.
OMG really.....thats awesome.
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BharatPremi
09-28 02:43 PM
Up for it. Thanks for posting though.
more...
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solaris27
08-07 01:51 PM
yes its changes online also but don't count on it..
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Redeye
06-18 07:11 PM
I have a question which I have been wanting to ask for a while, so if GC is for a future job then can someone incorporate a company and work for self on EAD/AC21. If there is query for ablity to pay then at that point can you have an offer from other company and work for that company for 6 months once you get 485 approved.
Greencard is for the future job you are going to do, after getting the green card.
Greencard is for the future job you are going to do, after getting the green card.
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sunkara9
05-09 01:54 PM
Hi ,
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
poarhc
01-16 10:37 AM
Thank you so much for your reply.
My followup question is since my prevoius H1B expired few weeks back, am I still eligible to apply 8th year H1B extension thru company B based on previously approved 140 (with company A)?
Thanks in advance for your inputs.
Regards
My followup question is since my prevoius H1B expired few weeks back, am I still eligible to apply 8th year H1B extension thru company B based on previously approved 140 (with company A)?
Thanks in advance for your inputs.
Regards
chanduv23
07-01 09:32 AM
Hi All,
I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.
My question is,
Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?
I would like to what others have done? What kind of extra fees your attorney has charged for AC21?
Thanks
There is nothing called AC21 filing ie AC21 does not have a form that you fill out etc.... generally Attorneys attach the docs with a covering letter citing the AC21 clause and from what I understand, these docs may/may not get into your file.
The advantage of using an Attorney is,
(1) G28 filing - Attorney will get communication and be in position to respond or guide appropriately
(2) NOID, RFE and denials might happen and MTR may have to be filed.
Most times, issues arise when old employer withdraws the 140 petition.
USCIS needs to have a better way of handling this and avoid unnecessary tensions and errors
I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.
My question is,
Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?
I would like to what others have done? What kind of extra fees your attorney has charged for AC21?
Thanks
There is nothing called AC21 filing ie AC21 does not have a form that you fill out etc.... generally Attorneys attach the docs with a covering letter citing the AC21 clause and from what I understand, these docs may/may not get into your file.
The advantage of using an Attorney is,
(1) G28 filing - Attorney will get communication and be in position to respond or guide appropriately
(2) NOID, RFE and denials might happen and MTR may have to be filed.
Most times, issues arise when old employer withdraws the 140 petition.
USCIS needs to have a better way of handling this and avoid unnecessary tensions and errors
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