sodh
02-12 05:07 PM
Folks,
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.
employer's attorney claims that there is no such thing as H4 premium processing.
Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?
I searched all Mathew-Oh updates dated one year ago and can't locate it.
I need to get that h4 under premium ASAP so that I can transfer to H1 in April.
Can anyone please help?
There is nothing like premium processing for H4, if your H1 is applied in premium processing, H4 is also processed in 15 calendar days.
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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??
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vin13
04-09 02:48 PM
The employer has to make sure all their employees are legal. For that they may ask the employee to use EAD. they are not obligated to sponsor H1-B.
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pash02
05-26 11:37 AM
Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!
Kudos to Immigration Voice!
more...
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ChainReaction
07-18 09:56 AM
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay the same either way. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
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gc_peshwa
04-15 01:51 AM
Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)
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calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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greyhair
09-08 12:54 PM
Ban in private company out sourcing also is very much necessary for USA. These so called multinational companies are minting money and this is not benefitting any one except the higher executives and board of directors of those companies. and of course Politricians.
PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
Great OH, baan Private OS also.
India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.
One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.
PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
Great OH, baan Private OS also.
India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.
One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.
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harrydr
03-29 11:06 PM
What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
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GoGreen
07-18 09:58 AM
Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.
Has anyone done that?
Is it easy to do that?
Has anyone done that?
Is it easy to do that?
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gbof
05-06 10:38 PM
Common sense is not so common.
There definitely is a chance to participate in Q & A and put forth/ highlight the sufferings
There definitely is a chance to participate in Q & A and put forth/ highlight the sufferings
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eilsoe
10-03 01:48 PM
I have a feeling this could get evil...
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psaxena
10-20 12:38 PM
RealClearPolitics - Election 2010 - Iowa Senate - Grassley vs. Conlin (http://www.realclearpolitics.com/epolls/2010/senate/ia/iowa_senate_grassley_vs_conlin-1217.html)
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
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simple1
06-18 06:40 PM
Guys,
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?
1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.
Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,
We all need to have faith and work towards making IV and its goal attainable.
I hope the same.
I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.
Thanks.
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?
1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.
Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,
We all need to have faith and work towards making IV and its goal attainable.
I hope the same.
I agree. It is in best interest of all EB immigrants to stick together. That's all I wanted to say.
Thanks.
more...
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vxg
04-19 08:16 PM
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
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dipu76
06-01 05:53 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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chandra_mb
07-19 12:46 AM
Hi nlssubbu,
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
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BPforGC
05-12 04:29 PM
Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
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binadh
07-09 02:24 PM
OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.
Don't let your emotions cloud your judgment.
Don't let your emotions cloud your judgment.
nonimmi
05-29 03:58 PM
Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)
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June 18th, 2005, 03:11 PM
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