Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
sunny1000
02-03 05:45 PM
Hello -
Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.
Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.
Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.
I would appreciate your suggestions/comment.
Peace.
I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.
Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.
Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.
Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.
I would appreciate your suggestions/comment.
Peace.
I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.
kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
satyasaich
06-29 09:46 AM
My friend
What else we lose if we stand up the plate to express some legitimate concerns?
Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.
Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.
That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D
Hilarious! Couldn't resist :o
What else we lose if we stand up the plate to express some legitimate concerns?
Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.
Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.
That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D
Hilarious! Couldn't resist :o
more...
jliechty
May 18th, 2005, 09:39 PM
Sometimes it's hard to get the dust off the sensor with one cleaning. I've cleaned mine once so far, and it still has some dust. I need to get some compressed air so I can recharge my $3 "sensor brush" from walmart and clean the CCD again. ;)
leoindiano
03-17 11:54 AM
there was randon LUD's over weekends....It could be accidental that LUD happened in same week. Your lawyer should be able to do an enquiry into it...
more...
chanduv23
10-26 06:54 AM
Try
http://immigrationvoice.org/forum/index.php
and then click on "new posts"
looks like they are fixing this issue
http://immigrationvoice.org/forum/index.php
and then click on "new posts"
looks like they are fixing this issue
nozerd
09-07 10:09 AM
For LI you need to have worked with foreign company for at least 1 yr. I have worked for ABC USA for 7 yrs but not ABC Canada yet. I think for L1 I should work for ABC Canada for more than 1 yr.
Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.
Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.
more...
snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
crystal
10-15 12:39 PM
as far as i know CSC sending the transfer notices after issuing the receipts. Did u check with ur lawyer for receipts? .
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
more...
satyasaich
06-20 04:08 PM
First of all,
If i may ask, do you have valid visa stamp in your passport?
If so, (and if circumstances permit), plan to complete your travel with in that validity.
Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.
Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
OMG are you guys saying dont travel even in emergency situations?!!
If i may ask, do you have valid visa stamp in your passport?
If so, (and if circumstances permit), plan to complete your travel with in that validity.
Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.
Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
OMG are you guys saying dont travel even in emergency situations?!!
misanthrope
03-25 12:08 AM
How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.
more...
kavita_abb
10-10 11:24 AM
Thank you very much for all your support.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ? If I leave without informing him, then what he can do on me ?
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ? If I leave without informing him, then what he can do on me ?
needhelp!
10-10 11:37 AM
perks included..
more...
sriwaitingforgc
07-23 10:49 AM
Are we supposed to get every year?? did ur friend apply EAD renewal online ?
absaarkhan
01-10 04:28 PM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
more...
miguy
06-16 01:52 PM
anyone?
webm
02-13 04:22 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
One more criteria is,If your 485 Notice Date falls prior to the processing dates (respective Processing Centre) as well THEN you can expect adjudicated in or after March depends on your Luck..
This criteria was mentioned in one of the recent thread in this forum..
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
One more criteria is,If your 485 Notice Date falls prior to the processing dates (respective Processing Centre) as well THEN you can expect adjudicated in or after March depends on your Luck..
This criteria was mentioned in one of the recent thread in this forum..
kate123
03-07 01:49 PM
Hi Smuggymba, very sorry to see you in such a situation...
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
panini
03-16 09:25 PM
Please can anybody help me with this?
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
nashim
05-19 11:53 AM
Hi,
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
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