reddymjm
04-17 03:48 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
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pd_recapturing
08-14 06:18 PM
Bumping up !
Sakthisagar
04-22 03:45 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
2011 Motivational Quotes
newuser
05-05 12:23 PM
Subscription Date: May 5, 2009
Time: 09:02:11 PDT
Status: Completed
--------------------------------------------------------------------------------
Subscription Terms:
$25.00 USD
Time: 09:02:11 PDT
Status: Completed
--------------------------------------------------------------------------------
Subscription Terms:
$25.00 USD
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intheyan
06-17 06:37 PM
After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.
Thanks for your replys in advance
Thanks for your replys in advance
gemini23
08-02 01:06 PM
GO with fedex. and stay away from DHL. my experience.
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
more...
logiclife
07-09 12:48 PM
Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
2010 Related Videos. Goal Setting
sanju
01-23 11:41 AM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
more...
sunilsj
01-21 09:39 AM
Read this link from Murthy.com:
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
MurthyDotCom : H1B & H-4 Visa Applications in India Plagued by 221(g) Refusals - Part 1 (http://www.murthy.com/news/n_h14ind.html)
hair in your garden of success.
ganguteli
07-07 11:58 AM
Large scare denials will help people wake up. A lot of these H1B folks with I140 approved and EAD are living in a state of denials. Only when they get RFE or denial they come to IV.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
Unless these people support, people who are in the labor pending stage will not get enough members to help them out.
more...
nihar
11-30 05:05 PM
Dhundun you have hit the nail on the head . Now i will be more clear
I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???
I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???
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camilopino
01-08 04:48 PM
Well the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!
more...
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Wish_Good
06-22 06:04 PM
Hi Attorney's,
Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.
My Sincere thanks for responses to my earlier posting.
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.
Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.
Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.
Looking into this.
My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.
Please help me.
Thanks a Lot in Advance.
Thanks for this excellent community service. Which will help lot
of people like me who are stuck with the Immigration/USCIS Issues/Errors.
My Sincere thanks for responses to my earlier posting.
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
and got RFE regarding my Educational Transcripts Which was
responded in time and USCIS received on Dec 5, 2007. Then Got EAD
and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
due to 3yr degree) then I-485 denied on June 26th 2008. So, First
applied MTR for I-140 which was denied on Feb,2009. Then applied
one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status
updated saying -Transferred and now pending @ Texas service center
(got a notice). So, I applied EAD on June 4th 2009 based on this New Status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.
Company B: Before I join this company B. They already applied my Labor (GC)
and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.
Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.
Looking into this.
My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.
Please help me.
Thanks a Lot in Advance.
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gimme Green!!
07-04 10:15 PM
There was also a gap of my H-1 Activation and F-1.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
Since the stamping is for your current job, and the I-129 requirement was a Bachelor's only, there should not be any issues.
What was the gap between H-1 activation and F1? If it was only a few months, it could be overlooked.
What were you doing then? Did you have a PT (practical training) atleast?
The above is based on what i think I know. The best person to advice is an immigration lawyer.
more...
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jotv
11-04 01:37 AM
Hai ,
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
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DDD
01-21 06:14 PM
bah...I wanna. I wish they were just links rather than dloads? Was that what the spec called for?
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kawosa
08-19 01:11 PM
I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.
and again... congrats for passing today...
go party and hope you have a great time :)
and again... congrats for passing today...
go party and hope you have a great time :)
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willigetgc?
01-27 12:12 PM
Promoting Visibility
http://www.pressreleasepoint.com/immigration-voice-president039s-vision-immigration-quotin-right-directionquot
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Members can use this code in their blogs, facebook ..
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Members can use this code in their blogs, facebook ..
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haifromsk@yahoo.com
10-15 04:00 PM
if RFE for w-2 USCIC will come to know- might not be the only way for USCIC to know
maverick_neo
07-21 12:49 AM
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
You are wrong, thread you mentioned covers people < 180 days, whereas this thread covers >180 days. Sorry to steal your thunder :)
WeShallOvercome
07-31 12:13 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
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