vselvam
12-04 01:30 PM
July�07 filer - H1-B renewal after filing I-485 (12th Year)
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
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MatsP
July 4th, 2006, 01:19 PM
Welcome to Dphoto, 12bar.
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
4yourforGC
03-20 01:12 PM
thanks fittan, actually the salary will be much lower, about 30K - 40K lower. is there any problem?
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vik352
03-20 05:35 PM
Bump
more...
kriskris
12-02 10:43 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
pd_recapturing
04-21 11:26 AM
I am also in same situation where my salary is much less than what is mentioned in LC. I am not sure if its going to affect my 485 application. I have got my 140 approved though. I have asked this question to attorneys and forums and everybody has the same opinion that GC is for future job so it should not matter if one's wages are not matching with LC.
more...
snathan
09-18 11:31 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
Most of the time its scaring tactics. Anyway you dont have much option here. Go ahead and secure your status first. Then hire an attorney and face Company A legally whatever comes...
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gc_nebraska
01-08 02:53 PM
Nope ! EB-2 India
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cooldudesfo
12-22 12:20 AM
Hi,
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
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chintals
10-22 01:39 PM
My application is sent to NSC -> TSC -> VSC. I-485 is transferred back to TSC while AP and EAD are pending at VSC.
Details in signature.
Details in signature.
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learning01
04-13 09:42 PM
It is a sophisticated game and the stakes are huge. I am reminded of a game in a James Bond movie, in which 007 Roger Moore plays against a villain in a high tech game. Imagine something like that but a thousand times more intense. The existing immigration policy from 1965 is crafted by none other than Sen.Ted Kennedy; yes, the present MA Senator. I have high hopes that he and the Dems will also get it right this time on Apr 24th.
I personally suspect the present day republicans except President G.W.Bush. If a CIL passes, the republicans are to gain more and Americans will gain the most. Period.
These attitudes of self doesn't affect me in my objective and scientific thinking and analysis of issues and my posts, which are done on a case by case basis.
***** vs. *****. Politics is really nasty.
I personally suspect the present day republicans except President G.W.Bush. If a CIL passes, the republicans are to gain more and Americans will gain the most. Period.
These attitudes of self doesn't affect me in my objective and scientific thinking and analysis of issues and my posts, which are done on a case by case basis.
***** vs. *****. Politics is really nasty.
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suriajay12
10-19 10:37 AM
All,
I am trying to get an appointment date in Ottawa, Canada, buts always not available. Any tips please.
Ajay.
I am trying to get an appointment date in Ottawa, Canada, buts always not available. Any tips please.
Ajay.
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calgirl
08-07 03:27 PM
I have maybe a similar scenario..
MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
Any ideas why would my lawyer do this?
MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
Any ideas why would my lawyer do this?
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peer123
12-05 06:48 AM
Hello friends,
Can any one who has used existing labor please comment of my question
Regards
Can any one who has used existing labor please comment of my question
Regards
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posmd
08-05 02:21 PM
It seems as if the Big B has not given up on this issue just yet. He is making it a point to mention it atleast once each week, despite what other international developments are going on. I think he will be putting the full court press on the house republicans, it will be interesting to see whether he gets them to accept some compromise.
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tabletpc
12-22 03:20 PM
Can others give their inputs too....thanks...!!!
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txh1b
08-18 09:53 AM
Agree with wandmaker.
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coopheal
05-21 10:27 AM
Hi,
I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09
Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Any thoughts in this gurus !
See the spreadsheet for details
thx
mr
You analysis is inaccurate and misguided.
Look at the top table which shows data released by DOS. Last month 75 application have been reduced and in month back 100 applications were reduced.
This is really really bad sign for EB3 and even for EB2.
I posted this thread with my assumptions using the May 2010 demand data and Pending 485 report 09/09
Source:- EB3 Movement Tracking - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/EB3_Movement_Tracking)
Any thoughts in this gurus !
See the spreadsheet for details
thx
mr
You analysis is inaccurate and misguided.
Look at the top table which shows data released by DOS. Last month 75 application have been reduced and in month back 100 applications were reduced.
This is really really bad sign for EB3 and even for EB2.
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smisachu
08-22 04:09 PM
[URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
edaltsis
11-13 01:49 PM
That is not a problem at all. You can apply for EAD renewal as long as your AOS pending (i.e., I-485).
getgc2008
03-18 04:37 PM
Gives me an idea what it should be.
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