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Hi Experts,

Need inputs on following scenarios.

I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.

Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?

Ans: Only if approved I-140 is not revoked by sponsoring employer.

Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?

Ans: Only if approved I-140 is not revoked by sponsoring employer.

Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?

Ans: Only if approved I-140 is not revoked by sponsoring employer.

Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.

Thanks

The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o

Dude, in a bunch of applications - some are approvable while others require more information. Do you want them to keep waiting on unapprovable applications, with old PDs, while the clock is ticking and the unused visas go waste before Oct 2008? Guess not?

That's why they advanced the PDs to give some room to approve later PD applications that are otherwise approvable. They do not have any math involved. They were playing "inky-pinky-ponky" to pick a month & yr to set EB-2 cutoff dates for Aug VB - the only logic was to advance it to a comfortable point--nothing beyond tht. They don't care about few months here and there, and don't care if they raise hopes of some immigrations or shatter hopes of others.

Is it just me missing something? Does it make sense?


Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.

So, did you follow up later...to see what happened on your case or are you just waiting. My lawyer says that the timelines are just like that.

I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.

Thanks, Elaine!

I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?

The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.

Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

Thanks for all your help!!

Students from India & China combined: almost 200K.

Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:

are you dumb or something????

this has been out for weeks...we are waiting for the september bulletin

what a moron!

Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
Does any have done European visa with above condition .Please share your thoughts?
Thanks

Did you call up the embassy and ask? I got a tourist visa last year from their embassy in SFO. Was on H1 and had a stamp at that point, but in general they were very helpful over the phone. So try calling the embassy...

I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.

I140 approval is more than 180 days. Please help guys

Thanks
NoEnd

Hello:

I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.

Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.

Thanks.

you can file 2 i140's.. ( I Have 4 in total)

I filed 2 (EB2 Eb3) based on my perm (already approved) and another set of EB2 EB3 based on my old labor (in process)

Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.

I am sorry about that.

coolgc thanks and appericiate your responce.and Thansks for not misunderstanding. My spouce has just completed masters. and may probably do Phd in near future . :)
mpillai ,Got it now. I couldn't think of that point before. I myself 'm eligible for Eb2 but had to file my GC in Eb3 due to rules/regulations and very conservative giant company.

Well.. we cannot reduce pdf size much by zipping as it is already compressed..
I tried zipping.. but when zipped, it says max size exceeded 97KB.. if I just tried upload the pdf it says uploaded failed.. anyways..

Try zipping it. :D

It is a bit early. No checks will be cleared except the legal fee checks. :)
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.

they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away

You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.

As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.

I believe consular processing can be used only if the dates are current. It might take a long time for 2003 April EB3 India to be current. Since Green Card is for future employment, is there anyway to continue the Green Card process while in India ??

I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

See this Q&A from Mathew Oh:

# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.

Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


Please let me know if i am wrong. Thanks

Below is the paragraph from the attached Memo


Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.

Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)

Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.

At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.

Obama administration is selling out their ideologies to garner support of Republicans.

So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.

are coming per Oh website.....

http://www.immigration-law.com/Canada.html