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11-18 02:50 AM
USCIS has updated the H-1B cap count. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD) As of November 6, 2009, CIS has received approximately 54,700 cases against the regular (non-Master's) H-1B cap. For more information, see the previous blog posts here (http://martinvisalaw.blogspot.com/search/label/H-1B).
https://blogger.googleusercontent.com/tracker/2893395975825897727-5017938440013440663?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/11/h-1b-cap-count-updated_17.html)
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More... (http://martinvisalaw.blogspot.com/2009/11/h-1b-cap-count-updated_17.html)
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WashingtonSt
02-22 12:36 AM
This is my situation:
I am in my 8th year of H1B extension (2 one year extensions after 6 years)
I had my LC I140 approved, but due to retrogression I cannot continue with the adjustment of status.
This is my question:
If I move to a new position that would require me to file new LC (PERM), am I still subjected to the 365 days rule?
I am confused because my employer filed the LC 365 days prior to my H1B expire on the 6th year in order to get the extension. Now, since I can only have one year extension and I have less than 1 year left on my H1B visa, can the new LC still be filed? Will this jeopardize future H1B extension?
Am I missing something here? Is there another strategy?
Based on other discussion, it seemed that I am eligible for 3 years extension. But there are still 200 days left on my H1B visa. I suppose 3 years extension cannot be filed until near expiration date.
I am in my 8th year of H1B extension (2 one year extensions after 6 years)
I had my LC I140 approved, but due to retrogression I cannot continue with the adjustment of status.
This is my question:
If I move to a new position that would require me to file new LC (PERM), am I still subjected to the 365 days rule?
I am confused because my employer filed the LC 365 days prior to my H1B expire on the 6th year in order to get the extension. Now, since I can only have one year extension and I have less than 1 year left on my H1B visa, can the new LC still be filed? Will this jeopardize future H1B extension?
Am I missing something here? Is there another strategy?
Based on other discussion, it seemed that I am eligible for 3 years extension. But there are still 200 days left on my H1B visa. I suppose 3 years extension cannot be filed until near expiration date.
fatjoe
10-22 10:52 AM
41 views and not even a single response...
Come on.. please tell me , at least tell me what you think..., if it ok, or it might create some problems
Come on.. please tell me , at least tell me what you think..., if it ok, or it might create some problems
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devikas81
09-19 11:46 AM
I am on similar situation like you....
after usinig EAD with different employer other than GC sponser, can we come back to H1B again,
Your answer will be highly appreciated,
Thanks,
after usinig EAD with different employer other than GC sponser, can we come back to H1B again,
Your answer will be highly appreciated,
Thanks,
more...
takhyon
08-26 01:47 PM
My case is currently at the local West Palm Beach office in FL and I have moved to TX. I filed online AR-11 and change of address for my pending I-485 (EB3 India 2003). I received a letter stating:
After careful review of your request, it has been determined that your issues will be best addressed by the USCIS office having jurisdiction over your case. Therefore we have taken the liberty of forwarding your service request, number to the Missouri Field Office.
I don't know what the Missouri field office has to do with anything. What are my options at this point? Can I request them to not change the local field office (to minimize the chance of screwups)?
Thanks
After careful review of your request, it has been determined that your issues will be best addressed by the USCIS office having jurisdiction over your case. Therefore we have taken the liberty of forwarding your service request, number to the Missouri Field Office.
I don't know what the Missouri field office has to do with anything. What are my options at this point? Can I request them to not change the local field office (to minimize the chance of screwups)?
Thanks
centaur
08-13 06:40 PM
I have an old priority date with previous employer (jan 2006), however my I140 with the new employer has date of May 2007. I can also apply for 485 under NIW. My question is if I apply for 485 by both pathways(two different applications), can I recapture the same PD of the old employer TWICE?
gurus please advise.
gurus please advise.
more...
WeShallOvercome
11-01 01:14 PM
I sent my EAD application on 10/24(Wednesday), reached NSC on 10/26(Friday), Notice date 10/29(Monday), Check cashed 10/30(Tuesday)..Already got I-485 receipts back in August.
So they are Current now.... But what about those July/Aug filers who are still waiting for their receipts? Very unfair to them. I could wait for 2 months to get my EAD receipt if they could first receipt all july august filers...
They are really unpredictable..
So they are Current now.... But what about those July/Aug filers who are still waiting for their receipts? Very unfair to them. I could wait for 2 months to get my EAD receipt if they could first receipt all july august filers...
They are really unpredictable..
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raj76
01-07 12:41 AM
This may seem strange and confusing. Here is my case
I changed my employer from A to B with an intention of taking advantage of an existing approved labor with employer B. I applied for I-140 and H1B transfer at the same time in March 2007. I-140 was approved in June 2007. In July 2007, I applied for EAD and 485. Meanwhile, I got an RFE for H1b transfer and my attorney responded to this in time. I got my EAD approval in Sep 2007 and got FP done before my I-94 (thru company A) expiration in Nov 2007. I got a denial notice for my H1B on Nov 13 2007. My attorney missed the appeal date so no appeal has been filed for the H1B denial.
Here are my questions:
- Am I currently out of status since my I-94 expired in Nov 2007?
- If I am not out of status, what is the next course of action I should be taking?
- Will there be any issues when i try to renew my EAD?
Thank you in advance for your advice.
I changed my employer from A to B with an intention of taking advantage of an existing approved labor with employer B. I applied for I-140 and H1B transfer at the same time in March 2007. I-140 was approved in June 2007. In July 2007, I applied for EAD and 485. Meanwhile, I got an RFE for H1b transfer and my attorney responded to this in time. I got my EAD approval in Sep 2007 and got FP done before my I-94 (thru company A) expiration in Nov 2007. I got a denial notice for my H1B on Nov 13 2007. My attorney missed the appeal date so no appeal has been filed for the H1B denial.
Here are my questions:
- Am I currently out of status since my I-94 expired in Nov 2007?
- If I am not out of status, what is the next course of action I should be taking?
- Will there be any issues when i try to renew my EAD?
Thank you in advance for your advice.
more...
vikramark
10-18 08:34 AM
Hello,
Online Status for my EAD application says, RFE has been sent.....
What kind of RFE do we get on EAD?
140 Approved on 10/06/06
485/765/131 RD 07/31/07
485/765/131 ND 10/11/07
Approvals:??????
Online Status for my EAD application says, RFE has been sent.....
What kind of RFE do we get on EAD?
140 Approved on 10/06/06
485/765/131 RD 07/31/07
485/765/131 ND 10/11/07
Approvals:??????
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GCwaitforever
01-26 11:11 AM
If you maintain residence here and continue to pay taxes, I think this is doable. You will have to ask USCIS for permission to stay out of the country for about three years.
more...
chee
10-27 09:56 AM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 6, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 6, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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ticktoe
08-24 11:34 PM
I have MS+2 yrs of experience(software engineer). The company i am thinking to join is in Boston.
I am guessing boston is a highly educated town with many young graduates roaming around. Having said that, will this be an issue while we send out an ad for MS+2 yrs as there might be several responses to the ad and refuting all of them would be difficult ?
Please let me know, if I am THINKING CRAZY or this is TRUE. Another option i have is a company in chicago. Not sure where will I be better off as far as GC is concerned.
Also, anybody heard of MONIQUE KORNFELD immigration attorney based out of Newton, Massachussets ??? If so, please let me know about her expertise. I JUST can't find out how many yrs she has been practising immigration.
Thanks
I am guessing boston is a highly educated town with many young graduates roaming around. Having said that, will this be an issue while we send out an ad for MS+2 yrs as there might be several responses to the ad and refuting all of them would be difficult ?
Please let me know, if I am THINKING CRAZY or this is TRUE. Another option i have is a company in chicago. Not sure where will I be better off as far as GC is concerned.
Also, anybody heard of MONIQUE KORNFELD immigration attorney based out of Newton, Massachussets ??? If so, please let me know about her expertise. I JUST can't find out how many yrs she has been practising immigration.
Thanks
more...
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glen
04-14 07:04 AM
:) IV goes international !!!
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kirupa
10-08 01:03 AM
Hi icube,
Unfortunately, ChangePropertyAction today doesn't allow you access attached properties. I'll add that as something we consider fixing in a future release :)
Cheers,
Kirupa
Unfortunately, ChangePropertyAction today doesn't allow you access attached properties. I'll add that as something we consider fixing in a future release :)
Cheers,
Kirupa
more...
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ssksubash
02-21 09:39 AM
Thank you for the info.
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eucalyptus.mp
03-16 04:12 PM
whats the best option for me ?
Should I go back to india after finishing current project and try next year or afterwords ?
Should I go back to india after finishing current project and try next year or afterwords ?
more...
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stxvr
08-15 02:05 AM
Hi,
I heard that if the filing of the 140 /labor /485 (any of them) have the filing date < 1 year at the end of the 6 year of h1b then I can not extend my H1B for the 7th year.
Questin: Is this correct?
Details:
Filled labor in june 2007.
Filled 140 /485 in aug 2007
6th year H1B completed in feb 2008.
Question: Am I eligible for the 7th year h1b extension?
If yes then for how many years of extenstion I get?
If not then please suggest what to do.
Note : I have not changed my employer since last 3 years.
Regards.
I heard that if the filing of the 140 /labor /485 (any of them) have the filing date < 1 year at the end of the 6 year of h1b then I can not extend my H1B for the 7th year.
Questin: Is this correct?
Details:
Filled labor in june 2007.
Filled 140 /485 in aug 2007
6th year H1B completed in feb 2008.
Question: Am I eligible for the 7th year h1b extension?
If yes then for how many years of extenstion I get?
If not then please suggest what to do.
Note : I have not changed my employer since last 3 years.
Regards.
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ark_ari
06-25 05:39 PM
G-325 form 11 th line must be filled or not in mother languages write name and address plss help
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wandmaker
11-12 06:39 PM
Fill 131 form, attach a cover letter and AP - you dont need to include the fee as it is a USCIS mistake. Call USCIS 800 number or take infopass appointment before you refile.
Does any one know what is the process if we get wrong name in AP.? as I did get spelling mistake by uscis.
Does any one know what is the process if we get wrong name in AP.? as I did get spelling mistake by uscis.
Ann Ruben
03-05 09:11 PM
gcformeornot is correct. Only taxable remuneration counts for purposes or the LCA wage.
sverma1979
03-08 07:57 AM
Did you find out the answer to your question ?
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