manbeing
12-22 05:05 PM
Please see below I-140 ref. I do understand that they need me to submit an experience letter including employment date and specific duties, but how to handle the second evidence? If the specific duties on my previous employer�s experience letter already includes those H14 specific skill and other requirements, is that enough? Or I will still need to find something else to support/proof them? Thanks!
"Submit evidence that the beneficiary obtained the required three years of experience in the job offered before January xx, 2010, the priority date. Evidence of experience must be in the form of letters from current or former employers giving the name, address, and title of the employer and a description of the experience of the beneficiary, including specific dates of the employment and specific duties.
Submit evidence that the beneficiary obtained the specific skill or other requirements as indicated on the labor certification, page 3 of 15, #H.14. Please provide proof that the specific skills or other requirements were acquired prior to the priority date."
"Submit evidence that the beneficiary obtained the required three years of experience in the job offered before January xx, 2010, the priority date. Evidence of experience must be in the form of letters from current or former employers giving the name, address, and title of the employer and a description of the experience of the beneficiary, including specific dates of the employment and specific duties.
Submit evidence that the beneficiary obtained the specific skill or other requirements as indicated on the labor certification, page 3 of 15, #H.14. Please provide proof that the specific skills or other requirements were acquired prior to the priority date."
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akhilarmn
11-03 04:08 PM
Here is my case:
With Company A, my H-1B extension was filed on 8/22/2010, under regular processing.
My I-94 expiry date was 9/30/2010.
With Company B, H-1B transfer was filed on 10/2/2010 filed under Premium Processing
Received RFE on H-1B transfer. Responded on 10/22/2010.
Current status of H-1B transfer case is "RFE response review". No decision yet.
Meanwhile I got an RFE on H-1B extension on 10/25/2010.
1. How is the RFE on H-1B extension with Company A going to affect my H-1B transfer to Company B?
2. Should the H-1B extension be Approved before getting a decision on the H-1B transfer?
3. I read in a forum that unless my H-1B extension is approved, I will not get an I-94 with H-1B transfer approval (since it was filed after my I-94 expiry). Is this correct?
Please advise. Thanks.
P.S. I will post my experience once I get a decision on H-1B transfer.
With Company A, my H-1B extension was filed on 8/22/2010, under regular processing.
My I-94 expiry date was 9/30/2010.
With Company B, H-1B transfer was filed on 10/2/2010 filed under Premium Processing
Received RFE on H-1B transfer. Responded on 10/22/2010.
Current status of H-1B transfer case is "RFE response review". No decision yet.
Meanwhile I got an RFE on H-1B extension on 10/25/2010.
1. How is the RFE on H-1B extension with Company A going to affect my H-1B transfer to Company B?
2. Should the H-1B extension be Approved before getting a decision on the H-1B transfer?
3. I read in a forum that unless my H-1B extension is approved, I will not get an I-94 with H-1B transfer approval (since it was filed after my I-94 expiry). Is this correct?
Please advise. Thanks.
P.S. I will post my experience once I get a decision on H-1B transfer.
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05-09 01:21 AM
haha these remind me of those posters that say:
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snhn
07-14 03:59 PM
mine was 3 years ago. i got a respond from them in favor of me in about a month. however USCIS status page still shows as pending. Go figure.
more...
wIeRdLiFe
11-04 02:03 PM
Hi,
thanks for quick reply. What will decide which center it goes to? What are other centers and dates?
thanks
thanks for quick reply. What will decide which center it goes to? What are other centers and dates?
thanks
gc28262
07-01 05:13 PM
H1 extension can be applied upto 6 months before the expiry of current H1.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
more...
ssdtm
03-19 10:21 PM
Generally salary at the end of the year i.e. total, that counts, which should be at least what is mentioned in the LCA.
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rongha_2000
04-22 12:16 PM
Workvisaforall,
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
Considering you are an immigration attorney. Will you help me in my query?
My daughter is 2.5 years old and is on H4. She is receiving some modelling offers for commercials and photo prints. I understand since she is on H4 she cannot work. But can I apply for her EAD and work SSN by which she can work on these assignments?
I am looking at this purely for my daughters personal development and no big money is involved but still I dont want USCIS to think she is working even though she is on H4.
Your insights are appreciated.
Unfortunately, there is not going to be a hard consensus and a good satisfying answer until USCIS comes out and fixes the law. The problem comes from inconsistent USCIS memoranda as to whether an employer who moonlights on EAD has "left" his employer.
AILA has recognized this inconsistency and has provided us, immigration attorneys, with guidance on arguing why the inconsistency should be construed to mean that moonlighting on EAD while preserving H-1B is ok; however, nobody can guarantee that the USCIS will agree with these arguments 100% of the time.
more...
bombaysardar
07-08 06:30 PM
I have heard about many COS applications getting approved, so you have a good chance.
The only thing I would recommend is make sure your H4 is valid for a relatively long time going forward. This will ensure that even if F1 COS does not get approved you atleast are in status throughou the process.
This is because sometimes the processs can take a long time eg. My spouse's COS from H4-F1 never got approved (name check etc etc took 2+ years), so we withdrew after the completion of the degree. Meanwhile the H4 had expired, creating complications.
The only thing I would recommend is make sure your H4 is valid for a relatively long time going forward. This will ensure that even if F1 COS does not get approved you atleast are in status throughou the process.
This is because sometimes the processs can take a long time eg. My spouse's COS from H4-F1 never got approved (name check etc etc took 2+ years), so we withdrew after the completion of the degree. Meanwhile the H4 had expired, creating complications.
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SunnySurya
07-27 01:49 PM
WandMaker,
Thanks for ur answer. I saw case posted by Loti_GC and his did not seem to be the case of two different I-140. That what got me concerned. When I called USCIS they declined to reveal this information,
EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.
Thanks for ur answer. I saw case posted by Loti_GC and his did not seem to be the case of two different I-140. That what got me concerned. When I called USCIS they declined to reveal this information,
EB2, if your I-140 approval reads as "Section: Mem of Profession w/Adv Deg, or of Exceptn'l Ability Sec.203(b) (2)" You should be worried only if you had two different 140 with the same employer. Take infopass and give a try, there is no standard procedure to find out.
more...
Sesame
10-03 11:51 AM
Anyone of you who has been fingerprinted and had interview with USCIS,
How long did you take to be given a schedued appointment for interview after the fingerprint? Did you have an interview right after the fingerprint?
Is that possible to have it both on the same day?
I am asking you because I would like to travel outside of the country with AP as soon as I have my fingerprint done.
If I would be nortified of the interview date right after the figerprint, I would rather stay to finish everything before travel. That way, I won't cause any troubles, right?
Thanks
How long did you take to be given a schedued appointment for interview after the fingerprint? Did you have an interview right after the fingerprint?
Is that possible to have it both on the same day?
I am asking you because I would like to travel outside of the country with AP as soon as I have my fingerprint done.
If I would be nortified of the interview date right after the figerprint, I would rather stay to finish everything before travel. That way, I won't cause any troubles, right?
Thanks
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chanduv23
11-10 10:18 AM
Folks,
My I-485 is filled at Nebraska Service Center. Does anyone has the address where to send AC21 job change letter ?
I plan to file it myself.
Thanks
To where you sent your 485 package. I recommend to utilize services of Attorney - primarily because they attach their cover letter with their letterhead which could make some difference
My I-485 is filled at Nebraska Service Center. Does anyone has the address where to send AC21 job change letter ?
I plan to file it myself.
Thanks
To where you sent your 485 package. I recommend to utilize services of Attorney - primarily because they attach their cover letter with their letterhead which could make some difference
more...
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sw33t
07-27 04:30 PM
Sorry guys!
I was trying to post this on the state chapters so we could get some engagement about this event. I didn't realize it would flood the main board.
:)
I was trying to post this on the state chapters so we could get some engagement about this event. I didn't realize it would flood the main board.
:)
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gccovet
04-30 04:01 PM
Hello Gurus,
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
Until you get any decision on your H1 extension, you are still considered on H1.
GCCovet
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
Until you get any decision on your H1 extension, you are still considered on H1.
GCCovet
more...
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glus
01-20 07:56 PM
Has anyone been able to call USCIS premium processing toll free number today and talk to an Officer. I have been unable to get to an Officer today but was able to talk before. I am wondering whether there is a limit on how many times you can call(I have called 3 times so far in 10 days) or if you can't call after so many days have passed after your application is approved.
I have been contacting to get my priority date corrected on I-140 approval. Please respond if anyone has information
You cannot fix a priority date error through a phone! This is a serious thing and would need to be corrected through a letter from an attorney or something like that.
G
I have been contacting to get my priority date corrected on I-140 approval. Please respond if anyone has information
You cannot fix a priority date error through a phone! This is a serious thing and would need to be corrected through a letter from an attorney or something like that.
G
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04-20 10:17 PM
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i hope you enjoy it as much as i do
~flash weasel
(You are warned. Do not post links to software on this site unless it is an authorized dealer of that software. You will not be warned again, you're account will be submitted to ezboard for cancelation if I see you doing this again.)
more...
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kunalmeh
06-27 03:26 PM
HI my wife is from Mumbai... now we have already passed the appointments dates in Aug for Mumbai.. but some are availabke in Delhi.. is it possible to apply in Delhi even if u r from Mumbai... Has any1 done tht before?
When I enter resident state Maharashtra.. it shows dates for both Mumbai and Delhi .. Has any1 done this before?
When I enter resident state Maharashtra.. it shows dates for both Mumbai and Delhi .. Has any1 done this before?
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rkp27
09-21 10:05 AM
All, My employer who filed my eb2 application for green card was not giving me labor certification copy and 140 approval notice copy, he is a desi consulting company and as usual with desi company they were giving me tough time to get this documents. (You all know reason.. they think that i will quite). So what i did is requested USCIS to get my I-485 petition copy (remember that if you request 140 or labor copy directly they will not give because it seems that is employer's documents, i discussed this with couple of lawyers as well). since 485 is your application and these documents are mandatory you will get them.
It took about 10 months to get the document with FOIA request (there is a queue as well).
This is what i did
1. Download FOIA form from uscis website.
2. Fill up form and don�t forgot it get notary ( mention to send each and every page of petition).
3. Wait for document...
I will be happy to help anybody who is in same boat.
Thanks you.
It took about 10 months to get the document with FOIA request (there is a queue as well).
This is what i did
1. Download FOIA form from uscis website.
2. Fill up form and don�t forgot it get notary ( mention to send each and every page of petition).
3. Wait for document...
I will be happy to help anybody who is in same boat.
Thanks you.
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rck4evr
07-19 04:14 PM
I am in the same boat too. My employer is filing only 485. My only concern is that what if my lawyer/employer does not give me the receipt ?
crystal
06-21 08:39 PM
AR-11 form you send to different address . It is not part of I-485.
It is less likely that they compare your addresses with AR-11 address audit logs.
I think you should not worry too much about it.
Though you need to send AR-11 with in 10 days of your move to new address , I guess you can still send AR-11 form ,as AR-11 form does not ask from which date you moved to the new address. Check with your lawyer also
Please help.
It is less likely that they compare your addresses with AR-11 address audit logs.
I think you should not worry too much about it.
Though you need to send AR-11 with in 10 days of your move to new address , I guess you can still send AR-11 form ,as AR-11 form does not ask from which date you moved to the new address. Check with your lawyer also
Please help.
theshiningsun
05-29 04:49 AM
hi attorneys,
i hv an approved PERM & I-140. my company lawyer is not sharing the approvals with me. all i hv is a copy of the I-140 approval with the rcpt no. blanked out (however it shows the A-number). i do not hv a copy of the PERM approval or details of the job description used to file PERM.
i am planning to request USCIS for these documents by filing FOIA request. for this, i hv filled up form G-639 from the USCIS website.
my questions:
(1) are these 2 documents (approval for PERM & I-140) sufficient for me to retain my pd and/or use AC-21 in future? if not, then what r the other documents that i would need?
(2) does the PERM approval hv the job description reqd for AC-21?
(3) would i need copies of the petitions / forms filed or only the approvals would suffice?
(4) what is the approx time frame & cost in getting these documents using the FOIA process?
pls guide me. thx in advance,
i hv an approved PERM & I-140. my company lawyer is not sharing the approvals with me. all i hv is a copy of the I-140 approval with the rcpt no. blanked out (however it shows the A-number). i do not hv a copy of the PERM approval or details of the job description used to file PERM.
i am planning to request USCIS for these documents by filing FOIA request. for this, i hv filled up form G-639 from the USCIS website.
my questions:
(1) are these 2 documents (approval for PERM & I-140) sufficient for me to retain my pd and/or use AC-21 in future? if not, then what r the other documents that i would need?
(2) does the PERM approval hv the job description reqd for AC-21?
(3) would i need copies of the petitions / forms filed or only the approvals would suffice?
(4) what is the approx time frame & cost in getting these documents using the FOIA process?
pls guide me. thx in advance,
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