joydiptac
05-12 02:28 PM
Hi Gurus please advice,
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
I suggest you call the number given. Seems to me there was a mistake.
I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
I suggest you call the number given. Seems to me there was a mistake.
I remember getting a similar email for H1B some 2-3 years back even though my H1 was approved and I already received the I797. No issues though, they just sent another I797. :)
I guess this can happen if their Database was restored to an older backup. So they had to go thru some of the processing again.
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atlgc
04-05 08:27 AM
300$
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ghost
09-21 04:38 PM
Thanks! guys.....All in the same boat then....Screwed.....
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
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GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
more...
jnraajan
04-09 04:52 PM
My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.
Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.
Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.
dingudi
04-20 11:18 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
more...
rti25
11-14 11:40 AM
Hi,
Unfortunatly , i lost my wallet contains EAD.
problem is , how much fees should i pay for the replacement card.
we filed 485 on july 2007 visa bulletin no. 107
and we (mine was H4) got EAD on oct 2007. i have a scanned copy of it.
I am confused whether to pay 180$ as per july visa bulletin no. 107 or
have to pay the current fees 340$.
2. If i pay as per new feese, still do i get the same 1 year validity card.
please help me for this
i really appreciate you.
thank you.
Unfortunatly , i lost my wallet contains EAD.
problem is , how much fees should i pay for the replacement card.
we filed 485 on july 2007 visa bulletin no. 107
and we (mine was H4) got EAD on oct 2007. i have a scanned copy of it.
I am confused whether to pay 180$ as per july visa bulletin no. 107 or
have to pay the current fees 340$.
2. If i pay as per new feese, still do i get the same 1 year validity card.
please help me for this
i really appreciate you.
thank you.
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danu2007
07-13 04:21 PM
So far only 1327 members signed the petition. This needs around 5000 signatures.
This will show the number of filed I-485 applications to Chertoff..Please sign..
--------------------------------------------------
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
-----------------------------------------------------
This will show the number of filed I-485 applications to Chertoff..Please sign..
--------------------------------------------------
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
-----------------------------------------------------
more...
longwait4gc
02-23 04:58 PM
Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
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chi_shark
06-16 09:43 AM
1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
more...
iviviv
11-01 09:17 PM
Are passport photographs needed?
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blacktongue
10-05 10:30 AM
If you want the best
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You will like it.
Go to Kashmir. I have seen the pictures and it is beautiful in India. Jammu & Kashmir Tourism (http://www.jktourism.org/)
Or come to China. Tourism in China - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Tourism_in_China)
You will like it.
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zoooom
10-27 11:33 AM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
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coopheal
11-27 05:13 PM
Where did you read extra cash is being pumped into other gov projects.
I read on USCIS website they were hiring 1500 new employees.
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
I read on USCIS website they were hiring 1500 new employees.
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
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mrshah
11-07 10:16 PM
our notice date on receipt is Sep 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
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ssdtm
12-14 12:55 PM
Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.
CIR is much more comprehensive and volatile with far reaching impact. It generates lot of heat and polarization. Due to ploitical sensitiveness both parties are not discucussing too much on it.
On the other hand, reforms for highly skilled immigrant are subtle in front of it. That can be done without much political heat, and that should be one of our selling point to senators/congressman. ----Vote yes for the reforms - "It has not much backlash, while delivers strong economic gains to the industry, and humanizes the existing program".
CIR is much more comprehensive and volatile with far reaching impact. It generates lot of heat and polarization. Due to ploitical sensitiveness both parties are not discucussing too much on it.
On the other hand, reforms for highly skilled immigrant are subtle in front of it. That can be done without much political heat, and that should be one of our selling point to senators/congressman. ----Vote yes for the reforms - "It has not much backlash, while delivers strong economic gains to the industry, and humanizes the existing program".
more...
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AuntyDan
06-21 08:32 PM
You have mail logiclife, let me know if I can be of use to you.
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thesparky007
04-16 10:10 AM
thanks for the comments guys and dean
i dont get waht your argument is about
i dont get waht your argument is about
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wandmaker
07-19 05:09 PM
Receipt Number: eAC02080xxxx
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
thesparky007
04-17 11:54 AM
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gondalguru
07-26 06:56 PM
superdude,
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
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