sanju
07-22 01:14 PM
Its my turn to complaint about Red dots. Who gave me a red dot? I am just kidding and messing with you :D
BTW, Dhundhun, I thought you said that you will abstain for couple of weeks. You are already back? Everything alright? Just asking....
BTW, Dhundhun, I thought you said that you will abstain for couple of weeks. You are already back? Everything alright? Just asking....
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gcdreamer05
08-18 12:40 AM
Dear Attorney,
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
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Blog Feeds
07-13 12:48 PM
I am writing the second of a multi-part series of posts on how to bring family relatives to the United States permanently. The first post I wrote provided general information on bringing family relatives to the United States. (See my post, "Can I petition for my relative to immigrate to the United States?" (http://www.californiaimmigrationlawyerblog.com/2009/05/can_i_petition_for_my_relative.html)) This post will focus on how to petition for your brother or sister to come to the United States permanently.
In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.
Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.
Proof of U.S. Citizenship
You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:
A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.
A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.
A copy of your unexpired U.S. passport. OR
An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)
In order to petition for your brother or sister you must file Form I-130, Petition for Alien Relative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD) with United States and Citizenship Services ("USCIS") along with proof that you are a United States Citizen and that you are related to your brother or sister. I will discuss the steps you must take in more detail below.
Obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
You may obtain Form I-130 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), by clicking on the link in this post. At the same time that you obtain the form, you should also print out the instructions to the form. They are more detailed than the instructions I will provide in this post and provide the mailing address to where you will need to send the form.
Proof of U.S. Citizenship
You may prove that you are a U.S. citizen by sending one of the following documents to USCIS with your petition:
A copy of your birth certificate (if you were born in the United States) issued by a civil registrar, vital statistics office, or other civil authority.
A copy of your naturalization certificate or certificate of citizenship issued by USCIS or the former INS.
A copy of your Form FS-240, Report of Birth Abroad of a Citizen of the United States, issued by a U.S. embassy or consulate.
A copy of your unexpired U.S. passport. OR
An original letter from a U.S. consular officer verifying that you are a U.S. citizen with a valid passport.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_do_i_bring_my_brother_or_s.html)
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gotgc?
02-20 01:47 PM
I have the same issue...my original DOB is different from whats in all my offical documents....local muncipality in India had my birth certficate with original DOB...I said we dont have birth certificate at all...so, they issued me certificate of non-availability....this should be easy to get....
if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....
if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....
more...
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dreamworld
12-18 05:21 PM
:confused:
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
You should reply to that letter saying that you are Not US Citizen. It is very important to reply to that notice and be a responsible US resident.
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richi121175
01-08 05:59 PM
One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
more...
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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.
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frostrated
07-09 01:26 PM
Dear Mr. ------:
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
more...
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kshitijnt
01-23 04:32 PM
I had written senator Feinstein about retrogression sometime last year. A response came 2 weeks later:
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
"As of today federal healthcare is available to undocumented immigrants only in cases of emergencies. Undocumented immigranst are a drain on federal resources. Blah blah blah........." Bull ****
True Feinstein seems to be least sensitive to immigrant woes. Her husband is a rich investment banker so I guess she is more business friendly rather than grassroots friendly.
Senator Boxer had replied
" I believe every citizen should have a say in the country. I value your opinion and can assure you that it will be taken into consideration during my work in the senate on this topic"
Much more polished. However it seems these are stereotype responses and I think senators do not read these emails. This is a sophisticated way of saying "Dont lecture me.... Mind your own business" This is how in America...
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
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deecha
07-16 09:45 PM
deecha is looking for a deig!
What's a deig ?
What's a deig ?
more...
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xiaomatu
06-05 04:33 PM
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
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ameryki
11-11 01:19 PM
alright fresh from this incident. my mother had 10 yr tourist visa expiring in 3 months after her travel date. in the old days it was recommended that you have at least 6 month visa validity when entering US for immigration purposes. Following that guideline she applied for a new tourist visa of course referring the current one on passport. While during her interview they didn't ask her any questions and told her that its a go. Her application got stuck in security verification which triggered due to the fact that she already had a valid visa. Upon researching further I found out you are safe to travel even a day before your visa is expiring because once you enter the country your stay is based on I-94 validity and not your visa. Hope this helps.
more...
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nk2006
11-12 10:58 AM
Why have you created 56,098 threads on the same topic?
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
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sanjay02
01-22 04:40 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
more...
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butterchicken
04-28 02:10 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
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GC08
05-21 07:29 PM
We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.
A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
Yes. :)
A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
Yes. :)
more...
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hebbar77
05-15 06:27 PM
This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........
Lets admit it now... we are all selfish and so is he... am I wrong?
Lets admit it now... we are all selfish and so is he... am I wrong?
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meridiani.planum
06-04 12:44 PM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
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spicy_guy
09-04 06:01 PM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
KRS
01-20 02:18 PM
This was a surprise and nice one at that!! Hopefully future VB does the same :p
mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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