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My H1-B extension was filed on June 3 2010 requesting for additional 3 years (after the 1st 6 yrs). My labor and I-140 were also approved. The case has been pending since then. It has been more than 5 months now. I was wondering if anyone else is experiencing similar delays? My I-797 has expired in September and I'm still working on the basis of the pending application.

Thanks in advance.

If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.

correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).

If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)

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I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

Thanks

Theo

..but do you want to. Have you not filed your I 485 yet? If you have filed I-485 and it has been pending for 180 days or more, get an EAD (I-765). If your priority date is not current and you have not filed your I-485, you can get a new H1B. With an approved I-140, the 6 year limit does not hold. You can keep on getting H1B renewals, in 3 year extensions, 'til such a time as you can get an EAD or your I-485 is approved. So, yes, its doable, but I would strongly recommned going to EAD, if you can.

DO NOT, UNDER ANY CIRCUMSTANCE, try and renew your TN. It has been wrongly pointed out by one member that I-140 is "not immigrant intent". Well, that is plain "WRONG". It is the I-140 that is the "Immigrant Petition". I-485 is just an application to "adjust your status".

Hi,

I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.

I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.

If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?

If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?

Any response will be greatly appreciated.

Thank you.

My friend's waiting to hear word on her application which is with the Philadelphia Backlog center. I read on here that they will finish processing these applications within the next 2 months and that will be it and at this point she and I are worried because another friend of ours got a letter asking the employer if he was still interested in sponsoring him (this was about 8 months ago or so) whereas she never did. The lawyer (same dope I go to) tells her to just wait, but the deadline is so close, it's scary. So, should she call, what can she do? By the way, she's been waiting since 2001. Thanks!

What is her priority date? Has she filed in RIR or Non-RIR? For RIR, there were only 200 application left in the last release I saw in OH website.

Whoever invoked this please share your experiences, dos and donts.

In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
again LUD I485 Card production ordered.
same with my spouse also.

Onething I noticed is that most people who are getting approvals, they all have completed their finger printing on or before Aug.

In response to a previous question, I am from Hong Kong SAR, and I have never applied for labor cert. I have been on H1B visa my entire time.

Thanks!
Keith

My company is downsizing for sometime now...and I can be next.

In that case can I move to EAD in the given situation ( as above) ?

Of course you can move on EAD provided EAD is current.

I still don't think flash and silverlight are comparable, they'll be used for different things in the end anyways.

iv heard that it's taking long for extensions. some people I know of are waiting for over 3-4 months - although for you it seem to have taken even longer. If i were you - I would get it upgraded to premium. My extension got filed under premium and I got my approval notice in 15 days (as usual).

omg, for a second i thought that there was really a fasting rally in DC...arranged by IV.
just chill !! :-)

^^^^

For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.

I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.

what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.

I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?

Thanks
Saurav

My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

Anybody else in same situation?

Did you guys talk to your Attorney?

I just sent an email to my Attorney and waiting for the reply....


I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...

VB will come today.

I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.

We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.

What do you say?

You nailed it my friend.

I have been thinking of it for years.

It has to be discussed very seriously.

Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.

Any one with july 3rd recvd date at NEBRASKA recvd AP?

I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.

Its been out for month.. I am not sure what your point is!