sanjose16
02-23 03:27 PM
Currently my wife is on H4
I'm planning to file H1 for my wife (through another employer on April 1st, 2009). Regardless of the situation (H1B Cap lottery process or general process) if my wife's H1B petition is accepted, processed and approved (generally betwen April 15th 2009 and May 31st 2009), she will get work permit (with start date of Oct 1st, 2009) by May or mid June, 2009.
My company is also planning to file for my H1 Extension (along with H4 Extension) in April (cannot be filed it seems due to other cases) So, in this scenario if my H1 extension (along with my wife's H4 extension) is filed after April 1st 2009, then we will have an overlap situation (as USCIS will be receiving two petitions (one for H1 and one for H4) for my wife) in the same timeframe. How will USCIS deal with these scenarios?
As long as her H4 is approved before her H1 (if she gets through lottery and approval process), there won't be a problem (as H1 will be replacing her H4 to my understanding).
But if her H4 is approved after her H1B approval, then there is a risk that her H1B will be cancelled because of H4 approval.
Please let me know solution to this problem. Thanks in Advance
I'm planning to file H1 for my wife (through another employer on April 1st, 2009). Regardless of the situation (H1B Cap lottery process or general process) if my wife's H1B petition is accepted, processed and approved (generally betwen April 15th 2009 and May 31st 2009), she will get work permit (with start date of Oct 1st, 2009) by May or mid June, 2009.
My company is also planning to file for my H1 Extension (along with H4 Extension) in April (cannot be filed it seems due to other cases) So, in this scenario if my H1 extension (along with my wife's H4 extension) is filed after April 1st 2009, then we will have an overlap situation (as USCIS will be receiving two petitions (one for H1 and one for H4) for my wife) in the same timeframe. How will USCIS deal with these scenarios?
As long as her H4 is approved before her H1 (if she gets through lottery and approval process), there won't be a problem (as H1 will be replacing her H4 to my understanding).
But if her H4 is approved after her H1B approval, then there is a risk that her H1B will be cancelled because of H4 approval.
Please let me know solution to this problem. Thanks in Advance
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ragz4u
05-09 09:46 AM
And we might be in the final edited version (very good chance) for a few minutes
kvrr
04-27 09:00 PM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
What options do I now have? Any options will be appreciated.
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s416504
03-31 09:56 AM
Will be hard to give correct answer because we don't know what was his status since H1B approval & now (more than year period). If he went went out of country & returned to USA during this period, He is fine with his L1 Status.
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
As far his H1B approval has valid period, he should be OK to work with H1B sponcer employer as far as he maintained valid status. He might need to go out & get H1B visa stamping before he starts works.
But one thing is sure, He won't be part of H1B Quota limit for his next H1B.
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
more...
laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
lostinbeta
10-20 09:45 PM
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skd
08-21 05:59 PM
Today TSC processed only 863 cases:
src0725250000 - src0725250863
:confused:
No they are upto src0725251299
src0725250000 - src0725250863
:confused:
No they are upto src0725251299
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snathan
10-14 12:38 AM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.
No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.
more...
krishna_brc
12-07 01:55 AM
yes you can use AP, when you transfer your H1B to new company.
Thankyou
Thankyou
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godbless
01-10 02:22 PM
Guys:
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
more...
Charlotte
05-21 04:57 PM
I tried applying for License Renewal inn NC when my H1 was pending with USCIS, they strictly told me that they will not issue the license until we get the approval notice from USCIS. if you have any luck please let me know?
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leveup
01-23 12:05 PM
I am glad to read it here.
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srh1
08-18 02:14 PM
Thanks abhisam for your reply..
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
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gcformeornot
08-02 01:09 PM
.
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xtronics
03-19 11:01 AM
Really appreciate your input. Thank you
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alisa
06-26 04:59 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
more...
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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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andavarv
09-28 04:41 PM
Thanks Kirupa for your immediate response.
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
From your message and deployment guide, I understood only Admin Users can install the Silverlight light on his machines.
Is there any way to identify the User [ User from client machine ] has admin rights in Client machine through Javascript. ie., before MS start installing the Silverlight in client machine.
Thanks
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
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ssdtm
05-14 06:10 PM
Lets not generalize it. Everyone is different.
itsokgc
07-18 01:18 PM
FYI..
Employer B I-129 is valid till Dec 2008
Employer B I-129 is valid till Dec 2008
Appu
08-18 04:49 PM
I am hoping someone can shed some light on this situation:
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
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