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maheshf

03-19 11:45 PM

Gurus Here is my situation:

1) I am in my 4th year of H1-B still valid
2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
3) Have approved EAD and AP
4) My Current company was a joint version between company A-B . differnt name X
5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X

What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.

Please Advise

-Mahesh

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kannan

11-17 05:30 PM

I-94 was attached.

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Cute Golden Retriever Puppy

pnara2

02-27 01:13 PM

I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!

However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!

It is totally a different scenario for H1B ofcourse!


All the best!

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immidude

06-08 05:07 PM

I dont know that until i got RFE (and the attachment of RFE has details)

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mr_aryan

10-19 01:59 AM

It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.

Thanks in advance

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6-week-old Golden Retriever

e3visa

05-04 09:08 PM

There is no requirement that states your employer has to buy your return aeroplane ticket. Hopefully you will be able to find another position.

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CUTE Golden Retriever Puppies

gotgc?

09-06 06:44 PM

Hi Guys,

I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that

Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: This case has been sent to another office for processing.

On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.

It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?

I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...

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ddd27

10-26 02:39 PM

Thanks for your reply ... did anyone go to DC consulate for a walk-in kind of renewal ?? am planning to take an off next week for this purpose.

thanks

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Golden Retriever pictures

Vikas_088

03-08 02:37 AM

Nice CONCEPT!!
It�s a combination of Text Design + Game

I found �Vikrant� in this Cross Words Game. Seems like it�s your name.:bear:

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raysaikat

04-23 03:02 AM

I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?

This means that the VISA cancellation has been done as a matter of procedure, not because of any wrongdoing.

Another common case is when one goes to the consulate for a VISA stamping, then the consulate officer stamps the existing unexpired VISA stamps as "Cancelled without prejudice".

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gparr

May 19th, 2004, 01:54 PM

Agreed, but look at last week's two leading finalist shots. Basically a couple of good family snapshots: the kid getting wet and a guy with a hose. Confuses me as to what's considered good "competition" photography.
Gary

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gc_chahiye

06-08 04:45 PM

LC is Certified this week.

congrats. was it EB2 or EB3?

All the best with I-140 (and hopefully a concurrent I-485 depending on how dates move in July :) )

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stock photo : Cute Golden

agiridhar

05-14 06:36 PM

Got it !! was thinking uscis is an independent entitiy outside government, but it is not, is what it is ?

still curious, what are those "someother" laws ?


Any how, and with today's visa bulliten nobody would be intrested in this lawsuit thot.... anyways congratulations to all those who have crossed this milestone

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ticktoe

07-12 07:11 PM

PROJECT MANAGERS:
-Min 5 years of Functional and Technical experience.
-Exp with Microsoft .Net OR JAVA Technology
-Bachelors or Masters Degree is preffered.

The above ad sent out by my company is very confusing to me. Please some one help me understand the ad.

I have MS + 2.3 yrs of experience. 2.3 yrs is gained as Programmer analyst/software developer

your ideas are helpful

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From Cute Golden Retriever

amaze

10-27 03:31 AM

i had no idea. sorry

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superdude

07-17 11:42 PM

Once your GC gets approved , thenit may be difficult for your wife to file
The PD needs to be current as well to file for 485 amendment

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andy garcia

02-27 03:44 PM

http://www.kellogg.northwestern.edu/ibcconference/

How come you guys do not want to go back there?

Taken from the ad.

"The world has long been fascinated by India's culture, history, and recently, the country's spectacular economic growth. With a per annum growth exceeding 8%, India presents an exciting opportunity for domestic and multinational companies alike. Throughout this conference we will explore the various sectors driving this economic expansion."

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ronnie0479

09-14 11:36 AM

My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.

My Query is:

Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?

Thanks,
-Ski

Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
thus you dont have to take a break.

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kirupa

10-23 05:04 PM

Hey m0r,
Yeah that is a great idea. I hope to have some Swift 3D V3 tutorials out soon that cover a lot of stuff such as movement. Maybe a Swift 3D Open Source section; I won't mind to have that placed on the site :)

Cheers!
Kirupa :P

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GCVictim

10-13 11:06 AM

I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.

What should I send from her?

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giveme_gc

10-17 02:58 PM

I went back and forth with the school for 2 months and finally got the aid. Note : school aid authorities have no clue what EAD or 485 means. You have to show all the papers and prove that you are eligible. Are you technically a parolee as well ? If yes , then you are eligible.

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sprasad

07-26 02:43 PM

Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)

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hemya

08-04 08:26 AM

My I-140 was approved July 14th. Online status shows "pending". I was informed about the approval by my manager and lawyer!!

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eager_immi

02-01 07:40 AM

Why do people do this every month DOL, USCIS, president and no one can predict this, so what is the point?

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GC_1000Watt

08-08 02:47 AM

Nothing to worry, you have made no mistake, thats the way it appears

all the best

Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?

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emma watson vogue us 2011.

tkumar03

07-01 04:12 PM

Hi

I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.

Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.

Will it affect his GC and when will he get his GC?
thanks
Kumar

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Emma Watson: Vogue US July

andhrawala

01-30 08:53 AM

Once you are on EAD, you cannot go go back to H1B. The reason is by working on EAD you showed an intent to immigrate and where as H1B is a non-immigrant visa

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Vogue US July 2011 - Emma

Jerrome

02-03 03:53 PM

Visa usage Statistics
Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

Visa bulletin and their number control operational manual
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)

DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)

485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf

NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf

Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)

Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

I am missing a 2009 EB number used by country, I saw it some where but couldn't find it

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Emma Watson Vogue US July

sbmallik

05-15 04:09 PM

What the denial notice says? Your options are to file a new H-1B ... in the meantime please appeal the case immediately as this will buy time.

Regarding other options, you can either re-enter US on B-1 or visit a consulate and get H-4 stamped.

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BMS1

11-08 12:24 PM

Do you mean RFE (request for Evidence) by "Query on H-1 Transfer " ? This happens all the time with any benefit application. You need to explain what that query is? If company C will respond to it by providing the evidence USCIS wants, things will take care of themselves.
Yes can still go ahead and transfer to D only if you are sure the query will be addressed by company C and the approval for H1-B transfer is 100% certain. Normally it may be a good idea to wait for the approval.

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komaragiri

07-18 01:19 PM

Wait for the I-485 Receipt Notice(Usually takes 30 days).

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Emma Watson Vogue

OLDMONK

07-18 11:39 AM

Hi,

I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.

Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.

Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.

Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)

If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.

I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.

Since you did not post details of your labor, I am not sure people can help you much with specifics.

some helpful pointers.

Try not to club your experience to come up with education equivalency.

If your labor is perm make sure you are already being paid what is on the labor approval.

Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.

I am assuming there is no ability to pay issue and the company is green on its financials.

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sanju

03-24 12:11 PM

Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.

Thanks

That is true. However, it is not difficult to figure out that Ruth is a supporter of legalization of the undocumented. That's why the only bills covered at the end of the report are all legalization bills. She seems to have "extensive" analysis on per-country limits on EB &FB, but doesn't have the ink to write 1 line about country limits on the undocumented. The report systematically and intentinally overlooks all other bills that are related to legal immigration only. Most of the time, its not what is written, but who wrote it and how the information is presented which matters.


.

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FredG

April 8th, 2004, 07:07 AM

I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.Cloning sometimes leaves weird patterns. I've had luck putting a loose selection around the cloned area with a big feathered edge, then applying a gaussian blur. It helps "clean up" my new background. The trick is to have a seemless blend between the cloned and the original untouched areas.
Fred

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frostrated

08-05 09:38 AM

you can work in your field of education for any company. however, they have to file for a transfer of H1 for you to continue working beyond the expiry of OPT.

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snathan

02-15 10:01 PM

Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". One education evaluator said my degree is equivalent to electrical engineering which I disagree. I believe it is equivalent to Computer science. So two questions:

1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.

If you get the extension before the I-140 denial, you can continue. Otherwise no
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak

50:50. There is nothing you can do as USCIS increased the scrutiny for EB2. There is a chance that you are inviting the devil.

Appreciate advice.


See the answer above

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sukisharma

08-27 08:03 PM

Dear Friends,

Does anybody has information on the current lag between check cashing and getting receipt in the mail?

My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.

Thanks in advance for your reply.

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clockwork

09-19 07:19 PM

is it for Sub-Labour ?
No.
Category ?
EB3

and NO-RFE direct denial.

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vsuri

11-05 03:44 PM

I applied to Texas Service Center for renewal of my AP. E-filed on 8/25. Approved on 11/5.

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ajju

09-17 01:44 AM

I think: We donot have a choice. We have to show up on the day and time given on FP notice. If we can't- we have to request uscis for re-scheduling.

Call the ASC office and usually in such circumstances.. they allow to come earlier... Lots of ASCs are open sat.. So that may be good for you... Call your local ASC...

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC

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kumar1

10-11 08:51 PM

You can not use interfiling across categories. You can only use interfiling between few EB categories. You are better off moving to family based quota, all you need to prove is she is your sister. Good luck.

People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D

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eb3retro

03-05 04:18 PM

Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

Can you please respond back ASAP.Thanks.


this is exactly the reason we ask you all to update the profile, this will get you correct answers from all of us. update your profile.

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images to the Golden Gate Bridge.

San Francisco Golden Gate

solaris27

06-05 04:41 PM

Just want to know that is there any law
which help to get overtime for full time employee.

I know if you consultant you get paid by hours but not when you become full time employee.

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itsmesabby

09-17 12:51 PM

Was this your first H1 stamping..
Any questions asked at the counslate..
Which counslate was it ..

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Golden Gate Bridge at Night,

patriot01

09-25 02:20 AM

I am kind of in the same situation...But, I don't know if the status means what it says.

But, I got the status change in Jul 2008 saying that

'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

The very next day I got this case status change saying that..

'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

Thanks in advance.

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2011 At night, the ridge is lit

Golden Gate bridge and San

gclabor07

08-26 10:42 AM

Thank you both for the information. I'll recapture my 3 months spent in India as well. Hopefully, that gives me time to get I-140 processed. I'm keeping my fingers crossed about I-140 Premium Processing.

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go_guy123

01-14 04:49 AM

If you do get the F-1 visa, then you likely would not face any difficulty at the airport. However, F-1 visa requires non-immigration intent, which would be very difficult, if not impossible, for you to prove. Unfortunately, even J-1 visa requires you to prove non-immigration intent. So if you go outside USA, very likely you will not be able to get back. Therefore, I believe that traveling in your state is not advisable; you should stay put until your children's father is in a position to marry you. Then you can obtain the fiancee visa (K-1) and travel abroad.

depending on the country of citizenship J1 waiver is also needed

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Golden Gate Bridge at Night –

jelo

02-10 10:31 AM

Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
Thanks alot for responding

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ssharma

06-30 05:06 PM

Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

thoughts/comments ??

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2010 Golden Gate Bridge at Night,

to the Golden Gate Bridge.

nousername

01-29 08:52 PM

Would you mind not creating multiple threads for the same issue? You started a thread at 3:03PM.. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395


Hi

I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

And if the H1 goes dorment then what can be done next?

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eb3retro

03-05 04:18 PM

Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

Can you please respond back ASAP.Thanks.


this is exactly the reason we ask you all to update the profile, this will get you correct answers from all of us. update your profile.

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Golden Gate Bridge and San

pappu

03-10 03:11 PM

You can always add corrections, You are the Admin!

Do not waste your time on soft LUDs

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meridiani.planum

12-14 05:49 PM

Our AP saga got its final miracle today. (at least I think it’s the final one…) Though my spouse’s and daughter's AP were finally got approved yesterday, the miracle is that TSC has decided to expedite and overnight them, based on a fax from my father-in-law’s doctor.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS…..…and overnight-ing them!

Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.

Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake… the overnight-ing….

After a season of dryness, it doesn't just rain, it pours!

write to the ombudsman. So much circus for an AP? When you applied 5 months ago!!

oh, and congrats on getting your AP in time for your travel plans.

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view of the San Francisco

indianindian2006

06-24 08:50 PM

Did company B file the ammended 140 with immigration,if yes what happened to it.You could upgrade ths to premium processing and get an answer in 15 days.If approved I feel you would be safe.

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texcan

10-10 08:30 PM

Guys,

This is question to july 485 files, has anyone from Austin, tx received FP appointment.
I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
and EAD on 10/2, but no FP as yet.

Just wondering if FP did get lost...or am i in line..

Comments, suggestions ???

thanks

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ganguteli

04-07 09:48 AM

Hi,
I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

Please advise me if I should stuck with the company lawyer or it does not matter?
Thanks
Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.

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Golden Gate Bridge in San

Blog Feeds

05-25 08:30 AM

Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.

Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:

The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.

Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.

The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?

The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.

T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.

In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)

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rabbitboy33

03-07 08:27 AM

My employer received my labor certification packet last week. However, other than a letter which states that my case has been certified, there was no other certificate/form.

The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.

Please help.

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itkris

12-08 03:18 PM

I would like to change my name from 'first middle last' to 'middle last' officially. I know that there is a lengthy process to do that on my passport. Is there any advice on how i can reflect that on my I-797? I currently hold a valid H1-B approval. The visa on my passport is for a previous H1 job that i've left now. I would like to change my name officially before making any more wrong stamps on my passport. Is this feasible? If so, can anyone throw some more lgiht on this?

thanks in advance.

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thomachan72

11-03 02:28 PM

My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.

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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.

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martinvisalaw

09-09 09:57 PM

I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?

The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.

2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision

3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.

4) Are there any chances of getting rejected at this stage.

There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.

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dave25

01-24 02:32 AM

Hi,

This is my case:

1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005

2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.

3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.

4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.

5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.

Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.

Regards

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