kondur_007
09-24 01:30 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
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dravid88
10-17 06:29 AM
Tax Credits (http://www.extramortgages.com/first-time-buyers Tax Credits)
martinvisalaw
03-16 04:27 PM
1) Since she doesn't have any paystub/w2, is it possible to do COS?
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
2011 tattoo hd landscape
GotGC??
01-20 09:11 PM
...of LC cases, by PD and category. Goes to show how scary the situation is without increase of visa numbers....just I-485 is a good first step, but there is a looooong way to go.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
more...
same_old_guy
04-13 05:43 PM
If it had 485 filing provision in it it would been wonderful. Shall we start sending email or call to Senator Chuck Hagel (R-NE) ?? What is IV's take on this ?
conchshell
07-12 10:37 PM
Please access http://www.immigration-law.com/Canada.html to read the details.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.
more...
immiguy
07-18 01:25 PM
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
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hebbar77
09-10 12:28 PM
MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
My case looks same as urs! thanks for writing.
I just hung up with USCIS before I read this.
first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
My case looks same as urs! thanks for writing.
I just hung up with USCIS before I read this.
first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!
more...
no_more_anger
02-06 05:46 PM
> If you are promoted as IT manager having significant overlap of job functions, you should be fine.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
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kvranand
01-22 07:26 PM
Thanks to IV. You are my heart beat. You are the only hope to build my successful future. God bless IV.
kvranand
kvranand
more...
ragnarok
07-19 11:45 PM
The current status of the case is said on my first post.
The case did change numerous times.
The case did change numerous times.
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MrWaitingGC
06-18 07:08 PM
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
Common buddy this is nothing. I drive this daily to work one way. You are worried about 2 days.
Take a day off and visit near by places and have fun.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
Common buddy this is nothing. I drive this daily to work one way. You are worried about 2 days.
Take a day off and visit near by places and have fun.
more...
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abhi2001
02-24 04:06 PM
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
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das0
03-09 01:54 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
Please advise. Much appreciated - thanks
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
Please advise. Much appreciated - thanks
more...
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clazale
06-13 10:55 AM
A similiar situation happened with my friend, his green card was in his wallet and his wallet got stolen from his car. Just call USCIS and they will tell you how to apply for a replacement card. If you even want to travel outside the country before you get your replacement card, they will stamp your passport indicating that you have a green card. My friend got his passport stamped and travelled outside the country twice using that stamp. Its not a problem but as usual everything with USCIS costs a lot. So the cost for the replacement cards will be high.
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kvrr
06-26 04:24 PM
I pay all costs for anything related to GC. One new fees is my lawyer/company are charging $1000 for preparation of application for adjustment of status on expedited basis during July 2007. This is in addition to the legal fees $1500 for 485, $500 for EAD and $ 400 for Advance parole. I am paying around $8000 for me and 2 dependents for 485/EAD/AP.
more...
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omved
05-06 02:20 PM
Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..
Radhay..no they haven't asked for any pay stubs..
Radhay..no they haven't asked for any pay stubs..
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shreekhand
09-04 02:17 PM
Yes some have not received CPO...they say they will get a deportation notice soon as a result of not receiving CPO but directly receiving "Approval Notice Sent".
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
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raysaikat
06-14 11:50 AM
Thank you! raysaikat
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
Ann Ruben
01-29 11:23 PM
Thomson,
I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.
If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.
I think you should probably consult a good local immigration attorney who should have some access to the IO or his supervisor so that the AOS is not improperly denied. I don't know how useful an infopass appointment would be. That can vary greatly from office to office.
If the AOS is denied, you can refile or you can file a motion to reconsider. There are significant filing fees for both, as well as delay.
ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
