immi_enthu
08-28 09:05 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?
what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?
anzerraja
06-15 03:16 PM
From my Lawyer:
"You don't have it yet. You can ignore it. "
Anybody having a different opinion ?
Anzer
"You don't have it yet. You can ignore it. "
Anybody having a different opinion ?
Anzer
immi_twinges
09-06 09:05 AM
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
bigtiger
06-30 05:33 PM
Hi All,
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
more...
srikondoji
07-02 05:45 PM
hemanth22:
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.
Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.
At the end we want to see a smile on everyone's face.
gemini23:
Thanks for correction dude.
srikondiji,
I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.
what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection
As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care
But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.
hemanth
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.
Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.
At the end we want to see a smile on everyone's face.
gemini23:
Thanks for correction dude.
srikondiji,
I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.
what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection
As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care
But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.
hemanth
coolmanasip
07-19 10:54 AM
I would say talk to someone at H&R or alike........they will help you ammend it........this is crazy isn't it!! God knows what all we have to do to get a stupid GC!!!
more...
friend99
08-11 11:25 PM
I did submit copy of my BC which had 20th August as the date. :(
sujith1
08-02 09:31 PM
Sorry - did not check this thread till today
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
My RD was July 11 for both of us - got Ead for me Aug 2 with 2 yr validity
hers is still pending
Mine shows no FP on file even though I did FP in Oct 07 ( less than 1 yr) That kinda worries me
Anyways PD is May 04 EB3 - so long way to go - and besides caring at this point when I see PD of 2006 getting GC
more...
Blog Feeds
05-22 01:10 PM
Last week we became members of Global Alliance of Hospitality Attorneys (http://www.hospitalitylawyer.com/index.php?id=47), this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:
E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)
This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".
An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.
The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.
H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)
Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.
Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.
Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.
J1 Visa
For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.
This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.
The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.
H3 Visa
The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.
An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.
Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.
TN Visa
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
The Conditions for Professionals from Mexico and Canada to Work in the United States
* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
L1 Visa
L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.
The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.
Requirements
A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.
H1B visa
Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.
A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.
Specialty occupation is defined as an occupation, which requires:
* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.
The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.
More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:
E2 Visa (http://www.h1b.biz/lawyer-attorney-1137174.html)
This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".
An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.
The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.
H2B Visa (http://www.h1b.biz/lawyer-attorney-1137785.html)
Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.
Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.
Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.
J1 Visa
For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.
This type of J-1 classification is valid for four months and allows the students to assist
companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.
The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.
H3 Visa
The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.
An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.
Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.
TN Visa
NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.
The Conditions for Professionals from Mexico and Canada to Work in the United States
* Applicant should be a citizen of Canada or Mexico;
* Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
* Position in the U.S. requires a NAFTA professional;
* Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
* Professional Canadian or Mexican citizen has the qualifications of the profession
Requirements for Canadian Citizens
Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.
L1 Visa
L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.
The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.
Requirements
A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.
H1B visa
Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.
A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.
Specialty occupation is defined as an occupation, which requires:
* Theoretical and practical application of a body of highly specialized knowledge, and
* Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.
The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.
More... (http://www.visalawyerblog.com/2010/05/hospitality_immigration_lawyer_2.html)
kart2007
10-13 07:48 PM
What if EAD and AP is lost in mail. Do I need to pay fee again for refiling?
if yes that sucks!!!!!!!
Unfortunately, yes, apply for a replacement EAD asap.
see this: http://immigrationvoice.org/forum/showthread.php?t=22004
if yes that sucks!!!!!!!
Unfortunately, yes, apply for a replacement EAD asap.
see this: http://immigrationvoice.org/forum/showthread.php?t=22004
more...
wandmaker
11-05 10:43 AM
......
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...
I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.
You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
...
If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
...
MARY_GC
08-24 02:14 PM
One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.
Reasons why one would do this -
1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available
2. Job Role changed significantly enough to warrant a new Labor.
3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.
4. Upgrade from eb3 to eb2.
My case is like this:I have applied for eb3 with priority date feb2004.But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date.Whether is it a good option?any advices friends..i'm fearing whether uscis gets confused & close the eb3 case then my priority would become eb2 2007 :(.can anybody throw some light on this
Reasons why one would do this -
1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available
2. Job Role changed significantly enough to warrant a new Labor.
3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.
4. Upgrade from eb3 to eb2.
My case is like this:I have applied for eb3 with priority date feb2004.But my attorney is telling why dont we go forward with eb2 perm & I-140 and once it is done send a letter to the uscis asking interfiling with the alreadyfiled eb3 so if everything turnsout well it will be eb2 with eb3's priority date.Whether is it a good option?any advices friends..i'm fearing whether uscis gets confused & close the eb3 case then my priority would become eb2 2007 :(.can anybody throw some light on this
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sendmailtojk
03-31 11:44 PM
At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.
Cheers.
Cheers.
pd052009
09-13 02:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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qualified_trash
12-15 01:48 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
LOL!!!
that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.
talash
12-17 08:24 PM
I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
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pappu
08-30 07:06 PM
Congrats Babu.
Finally someone saw some green in the Nevada desert!
Pls stay in touch and continue to help IV.
Finally someone saw some green in the Nevada desert!
Pls stay in touch and continue to help IV.
indianabacklog
06-27 08:37 AM
Dependents do not have an A#. Only the principal applicant. You leave this box blank for the H4 holders application.
vxg
09-10 03:46 PM
I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...
On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.
On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.
svam77
07-18 11:54 PM
Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.
Kevin Sadler
July 27th, 2005, 11:05 AM
Freddy you're good.
