sac-r-ten
02-25 03:44 PM
The title of this thread should be: "God of Cricket".
Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)
Nothing against you or that i don't agree or anything like that... but if you are from IT/Software you would know how to point search engine results to your site/sites.
But No doubt, Sachin's the best. And we are waiting for him to pull a WC2011 victory for us. Hail Tendlya.
Don't believe me... Just Google (http://www.google.com/search?hl=en&source=hp&q=God+of+Cricket&aq=f&aqi=g1g-m2&aql=&oq=) with these words.:)
Nothing against you or that i don't agree or anything like that... but if you are from IT/Software you would know how to point search engine results to your site/sites.
But No doubt, Sachin's the best. And we are waiting for him to pull a WC2011 victory for us. Hail Tendlya.
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ski_dude12
02-17 09:51 PM
We had out fingerprinting done 3 weeks back.
bijualex29
03-24 12:18 PM
That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
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wizkid732
08-26 07:50 AM
Hi Thanks for the reply,
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
more...
WaldenPond
12-31 08:34 AM
--------------------------------------------------------------------------------
As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.
I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.
I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
rdx0
01-09 06:57 PM
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
more...
nozerd
02-25 03:55 PM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
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mayitbesoon
07-10 04:36 PM
Similar issue here.
I have been working with my company on EAD for last 6 months.
I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.
In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.
Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
Thanks.
I have been working with my company on EAD for last 6 months.
I have been asked by HR had asked me if i had valid visa. I said yes. then, i realized, there is no visa, its 'adjustment status'. I tried to explain him. He keeps saying, he understands how EAD works, but the HR office would like to see a copy of 'visa' document. I am sure, what should I give him?.
In this case, should i provide copy of I-485 receipt? I already sent him my AP documents and I-94 that i got at port of authority.
Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
Thanks.
more...
manishs7
06-11 07:19 PM
This is causing confusion.......
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Bush
07-22 11:09 AM
By Mistake.I said yes.
more...
krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
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colors
09-01 02:11 AM
Thanks man. I see that there is a different thread going on RFEs on I-485.
more...
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drirshad
09-27 08:23 PM
And the oldies r gonna retire creating more jobs what will they do then, i m sure somethin goin on to make us suffer especially ..........
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dannyvn
06-27 12:21 PM
sameet ... if you had used AP to enter the country then you are on EAD.. isn't it?
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drirshad
07-22 05:35 PM
Change ur screen name dude otherwise it will be mistakes all the way ....
By Mistake.I said yes.
By Mistake.I said yes.
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h1-b forever
01-04 08:29 AM
Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.
What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?
The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.
Representative Lamar Smith
Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:
"The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.
"In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.
"Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.
"Texans also should not have to compete with illegal immigrants for scarce jobs.
"According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.
"Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."
Rep. Smith supports:
* State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
* Mandatory E-Verify on Employers (H. Res. 1026)
* End to Birthright U.S. Citizenship (H.R. 1868)
He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.
Where does Rep. Smith stand on legal immigration?
He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.
Representative Steve King
The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.
Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."
What does Congressman King have to say about legal immigration?
"Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."
Conclusion
So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?
Not so fast.
Members of Congress, whatever their ideology, must represent the interests of their constituents.
You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.
When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.
And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.
So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.
Time will tell.
From Carl Shusterman blogs
What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?
The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.
Representative Lamar Smith
Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:
"The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.
"In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.
"Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.
"Texans also should not have to compete with illegal immigrants for scarce jobs.
"According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.
"Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."
Rep. Smith supports:
* State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
* Mandatory E-Verify on Employers (H. Res. 1026)
* End to Birthright U.S. Citizenship (H.R. 1868)
He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.
Where does Rep. Smith stand on legal immigration?
He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.
Representative Steve King
The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.
Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."
What does Congressman King have to say about legal immigration?
"Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."
Conclusion
So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?
Not so fast.
Members of Congress, whatever their ideology, must represent the interests of their constituents.
You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.
When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.
And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.
So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.
Time will tell.
From Carl Shusterman blogs
more...
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eb3_nepa
02-03 01:07 PM
The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
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panky72
06-18 04:42 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
I don't know about IT but in other professions people go to court all the time. I have seen several cases.
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gcnirvana
04-26 08:14 PM
Brownback rescinds immigration bill support
http://washingtontimes.com/national/20070425-110212-8486r.htm
Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.
"I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.
I agree with Logiclife. This is a news article and gcretroiv should have posted it in the News Article Thread. This way forum members can read it and it does not stick out as bad as it is right now.
http://washingtontimes.com/national/20070425-110212-8486r.htm
Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.
"I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.
I agree with Logiclife. This is a news article and gcretroiv should have posted it in the News Article Thread. This way forum members can read it and it does not stick out as bad as it is right now.
nixstor
06-30 01:00 AM
I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
Sorry wrong time. Move on!. They gave 2 months time for this, But screwed up the VB big time.Now age old labors are flying and body shoppers are sending emails personally. Damn I received one of them 4 days back. Bas*8** doesn't leave much info. I did not had the time to follow up and get him nailed.
Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.
Thank you all in advance.
Sorry wrong time. Move on!. They gave 2 months time for this, But screwed up the VB big time.Now age old labors are flying and body shoppers are sending emails personally. Damn I received one of them 4 days back. Bas*8** doesn't leave much info. I did not had the time to follow up and get him nailed.
Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
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