desideccan
Registered Users (C)
Not true.I know a friend whose i-140 got approved from csc with notice date Aug 10.
CSC August 2005 Filing I-140 Tracking
- Thread starter gp111
- Start date
Feb Visa Bulletin Is out
India EB-2 moved seven months.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2771.html
EB-1: China-01/01/03, India-01/02/04, Others-Current
EB-2:China-01/04/02, India-08/01/01, Others-Current
EB-3:Mexico-03/15/01, India-01/01/00, Others- 01/22/01
India EB-2 moved seven months.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2771.html
EB-1: China-01/01/03, India-01/02/04, Others-Current
EB-2:China-01/04/02, India-08/01/01, Others-Current
EB-3:Mexico-03/15/01, India-01/01/00, Others- 01/22/01
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gc123_quest:
Here is what I have found for your question: Let me know if it helped!
Find below Q&A (4, 5) are close to your querry.
1. Question: Thanks for a great service. Primary I-140/I-485 was denied. If my wife uses the EAD because of the denial, what is her current status? She has a valid H-4 visa until June 2005.
Answer: Both the primary and dependent family members should try and extend the H1B and H-4 status respectively to remain legally in the U.S. When the principal"s I-140 and I-485 are denied all incidental benefits, like the EAD and AP for the principal and family members, will likely be denied in the near future, but arguably are no longer considered valid upon the I-485 denial itself. The person who has an H-4 status maintains valid H-4 status until that expires in June 2005 and, hopefully, that may be extended when the principal files the H1B extension also possibly based on an appeal or MTR of the I-140/I-485. It is important to note that the USCIS official position is that only when there is a BALCA appeal is the person able to file H1B extensions beyond 6 years by showing that GC process started more than a year ago.
2. Question: If I file I-140 with approved labor, am I able to get a 7th-year extension as well as yearly extensions after that?
Answer: Yes, a person is able to file for the H1B 7th-year extension and for annual extensions after that as long as either the I-140 or the I-485 is pending with the USCIS. If the I-140 or the I-485 is denied, then the person is no longer able to obtain H1B extension approvals
3. Question: Hi, Murthy Ji. If my I-140 / I-485 / EAD / AP are all pending and there’s no H-1 coverage, am I legal to stay in the U.S.? If yes, what is my legal status? Thanks.
Answer: The status of a person with an adjustment pending is referred to as an “AOS pending” or “adjustment pending" applicant. If the I-485 gets approved, the person becomes a GC holder. If the I-485 is denied, the person is considered to be out of status and may need to depart since no H1B "extensions" are allowed after the end of the H1B 6 years, since the person is not maintaining H1B status. That is why it is always beneficial to file H1B extensions as a back up.
4. Question: After filing I-140 and I-485, in an adverse event, does an I-140 denial have any impact on an approved 7th-year H1B extension?
Answer: Generally, the answer has been so far that it does not impact the 7th-year H1B extension. There is no law on this issue, and the USCIS has not published any legal opinion on this issue. As a general rule, a previously issued H1B petition approval is valid until and unless it has been revoked or canceled by the employer or the USCIS. So, in all likelihood, one may be considered in legal status until the H1B expires, unless the USCIS issues a different policy. Jun-28-2004.
5. Question: If some time is left on 7th-yr H1B and the I-140 gets denied, can the person still work and stay in the U.S. for time left on H-1?
Answer: Generally, a person is allowed to remain for the full duration of the H1B since that is considered a separate nonimmigrant status, apart from the I-140 and GC filing process. If one is able to plan carefully, s/he may be able to start a new LC, then leave the U.S. for a certain amount of time at the end of the H1B balance of time in order to recapture the time abroad and then try and file the 8th-year H1B extension in such cases. It is best to consult with a knowledgeable attorney to check on these options, if available, in more complex cases before giving up all hope, selling the home at a discount, and losing a good job. Also, it may be worth considering filing an I-140 appeal if there is a legal basis to allow a person to file another H1B extension for one more year since filing an appeal gives one that option
Here is what I have found for your question: Let me know if it helped!
Find below Q&A (4, 5) are close to your querry.
1. Question: Thanks for a great service. Primary I-140/I-485 was denied. If my wife uses the EAD because of the denial, what is her current status? She has a valid H-4 visa until June 2005.
Answer: Both the primary and dependent family members should try and extend the H1B and H-4 status respectively to remain legally in the U.S. When the principal"s I-140 and I-485 are denied all incidental benefits, like the EAD and AP for the principal and family members, will likely be denied in the near future, but arguably are no longer considered valid upon the I-485 denial itself. The person who has an H-4 status maintains valid H-4 status until that expires in June 2005 and, hopefully, that may be extended when the principal files the H1B extension also possibly based on an appeal or MTR of the I-140/I-485. It is important to note that the USCIS official position is that only when there is a BALCA appeal is the person able to file H1B extensions beyond 6 years by showing that GC process started more than a year ago.
2. Question: If I file I-140 with approved labor, am I able to get a 7th-year extension as well as yearly extensions after that?
Answer: Yes, a person is able to file for the H1B 7th-year extension and for annual extensions after that as long as either the I-140 or the I-485 is pending with the USCIS. If the I-140 or the I-485 is denied, then the person is no longer able to obtain H1B extension approvals
3. Question: Hi, Murthy Ji. If my I-140 / I-485 / EAD / AP are all pending and there’s no H-1 coverage, am I legal to stay in the U.S.? If yes, what is my legal status? Thanks.
Answer: The status of a person with an adjustment pending is referred to as an “AOS pending” or “adjustment pending" applicant. If the I-485 gets approved, the person becomes a GC holder. If the I-485 is denied, the person is considered to be out of status and may need to depart since no H1B "extensions" are allowed after the end of the H1B 6 years, since the person is not maintaining H1B status. That is why it is always beneficial to file H1B extensions as a back up.
4. Question: After filing I-140 and I-485, in an adverse event, does an I-140 denial have any impact on an approved 7th-year H1B extension?
Answer: Generally, the answer has been so far that it does not impact the 7th-year H1B extension. There is no law on this issue, and the USCIS has not published any legal opinion on this issue. As a general rule, a previously issued H1B petition approval is valid until and unless it has been revoked or canceled by the employer or the USCIS. So, in all likelihood, one may be considered in legal status until the H1B expires, unless the USCIS issues a different policy. Jun-28-2004.
5. Question: If some time is left on 7th-yr H1B and the I-140 gets denied, can the person still work and stay in the U.S. for time left on H-1?
Answer: Generally, a person is allowed to remain for the full duration of the H1B since that is considered a separate nonimmigrant status, apart from the I-140 and GC filing process. If one is able to plan carefully, s/he may be able to start a new LC, then leave the U.S. for a certain amount of time at the end of the H1B balance of time in order to recapture the time abroad and then try and file the 8th-year H1B extension in such cases. It is best to consult with a knowledgeable attorney to check on these options, if available, in more complex cases before giving up all hope, selling the home at a discount, and losing a good job. Also, it may be worth considering filing an I-140 appeal if there is a legal basis to allow a person to file another H1B extension for one more year since filing an appeal gives one that option
Last edited by a moderator:
gc123_quest
Registered Users (C)
perm_faq:
Thanks for sharing the information. It was helpful. But My company lawyer has a different opinion. She says if a person is on 7th year H1B, and if I140/I485 is denied the H1B is automatically denied, and the person can no longer work. The lawyer is saying using the EAD / H1B beyond 6year of H1B will have the same effect if I140/485 is denied. I am really confused as to use EAD or renew H1B beyond 6 year.
If anyone has some information can you please share.
Thanks
Thanks for sharing the information. It was helpful. But My company lawyer has a different opinion. She says if a person is on 7th year H1B, and if I140/I485 is denied the H1B is automatically denied, and the person can no longer work. The lawyer is saying using the EAD / H1B beyond 6year of H1B will have the same effect if I140/485 is denied. I am really confused as to use EAD or renew H1B beyond 6 year.
If anyone has some information can you please share.
Thanks
Iam not sure, why your lawyer is of such opinion. Its better if you can ask her in Email about this point. Whatever I had posted for you, is from MURTHY's forum. You can find the same by yourself, too...
Actually, read (twice/thrice) the Q&A (4 and 5) in my last message and you will be able to understand it. Specifically immigration or any other law is hard to interpret them if you read it once
-)), unless you are a professional in that field. Here is what murthy said:
"Generally, the answer has been so far that it does not impact the 7th-year H1B extension. There is no law on this issue, and the USCIS has not published any legal opinion on this issue. As a general rule, a previously issued H1B petition approval is valid until and unless it has been revoked or canceled by the employer or the USCIS. So, in all likelihood, one may be considered in legal status until the H1B expires, unless the USCIS issues a different policy."
Bits and pieces of what she said:
=========================
1) There is no law on this specific issue. As is the case with many other immigration laws (which we call it as GRAY Area). In such cases, USCIS takes the position of "last action". (--> Hope you are getting it)
2) You know that H1B is non-immigrant category and i140/485 [say, AOS] are immigrant category. Meaning both are independant of each other. Right!
3) H1B law understands DUAL intent. Where as AOS is not. In such case, if H1B extended for whatever the reason (7th year, Increment by 3 years blah, blah...) then that H1B approval doesnot get VOID or INVALIDATED due to your I140 denial. Because, AOS action is the "last action" in your case, and that does not get reflected on to your non-immigrant classification. (--> Hope you are got it)
4) That means, H1B 7th year or 3-year increment doesnot get invalidated due to your AOS petition denial -OR- I140 denial. (Hope you understood)
Let me know if I had clarified your doubt. Why don't you post your querry in the murthy's chat? Also please share what your lawyer said about this issue.
Actually, read (twice/thrice) the Q&A (4 and 5) in my last message and you will be able to understand it. Specifically immigration or any other law is hard to interpret them if you read it once
-)), unless you are a professional in that field. Here is what murthy said:"Generally, the answer has been so far that it does not impact the 7th-year H1B extension. There is no law on this issue, and the USCIS has not published any legal opinion on this issue. As a general rule, a previously issued H1B petition approval is valid until and unless it has been revoked or canceled by the employer or the USCIS. So, in all likelihood, one may be considered in legal status until the H1B expires, unless the USCIS issues a different policy."
Bits and pieces of what she said:
=========================
1) There is no law on this specific issue. As is the case with many other immigration laws (which we call it as GRAY Area). In such cases, USCIS takes the position of "last action". (--> Hope you are getting it)
2) You know that H1B is non-immigrant category and i140/485 [say, AOS] are immigrant category. Meaning both are independant of each other. Right!
3) H1B law understands DUAL intent. Where as AOS is not. In such case, if H1B extended for whatever the reason (7th year, Increment by 3 years blah, blah...) then that H1B approval doesnot get VOID or INVALIDATED due to your I140 denial. Because, AOS action is the "last action" in your case, and that does not get reflected on to your non-immigrant classification. (--> Hope you are got it)
4) That means, H1B 7th year or 3-year increment doesnot get invalidated due to your AOS petition denial -OR- I140 denial. (Hope you understood)
Let me know if I had clarified your doubt. Why don't you post your querry in the murthy's chat? Also please share what your lawyer said about this issue.
gc123_quest said:
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Hey man.... Did you miss this one!
Look at "dkgdkg" signature and you have your answer.
======================================================
__________________
Regards,
dkgdkg.
-----------
EB-2 RIR CSC
I-140/485/131/765 - RD:15-Aug-2005 ND:17-Aug-2005 --- PD: 08/12/2002 LC Approved: July 2005
I-140 AD:17-Oct-2005. Notice received with requested correction: 17-Nov-2005.
Interrim EAD received: 18-Nov-2005
Actual EAD received in mail: 28-Nov-2005.
Advance Parole AD: 21-Nov-2005.
Still waiting for FP Notice.
-----------
Reply With Quote
======================================================
Look at "dkgdkg" signature and you have your answer.
======================================================
__________________
Regards,
dkgdkg.
-----------
EB-2 RIR CSC
I-140/485/131/765 - RD:15-Aug-2005 ND:17-Aug-2005 --- PD: 08/12/2002 LC Approved: July 2005
I-140 AD:17-Oct-2005. Notice received with requested correction: 17-Nov-2005.
Interrim EAD received: 18-Nov-2005
Actual EAD received in mail: 28-Nov-2005.
Advance Parole AD: 21-Nov-2005.
Still waiting for FP Notice.
-----------
Reply With Quote
======================================================
PB904207 said:Hi
Any approvals on I-140's from August 05 at CSC ? Is there no movement or is the tracker (xls) not being updated ?
REgards
Endeavour2003
Registered Users (C)
I-140 filing documents
Hi vsaxena,
I am very happy to note that you have cleared your labor ( following you from DBEC ). Although everybody is in more or less the same boat but it still felt sad to see someone from mid 2002 still stuck in labor. Congrats!!!
The I-140 will be filed on your behalf by the employer but you would need to provide the following for the filing.
I-140
------
1. Employment letter
2. Employment Reference Letters (if experience required)
3. Degree Cert / Mark Sheets / Transcript
4. Education Evaluation (if required)
5. Copy of I-94
6. 3 latest Pay Stubs
Hi vsaxena,
I am very happy to note that you have cleared your labor ( following you from DBEC ). Although everybody is in more or less the same boat but it still felt sad to see someone from mid 2002 still stuck in labor. Congrats!!!
The I-140 will be filed on your behalf by the employer but you would need to provide the following for the filing.
I-140
------
1. Employment letter
2. Employment Reference Letters (if experience required)
3. Degree Cert / Mark Sheets / Transcript
4. Education Evaluation (if required)
5. Copy of I-94
6. 3 latest Pay Stubs
vsaxena said:
Any known reason for why CSC stopped processing 140
Is their any known reason for why CSC stopped processing the I-140. July 29th had been stuck for the last 7 processing time updates. Any ideas when will it start moving again.
My guess is they will start from Feb 1st, which will be 6 months for an Aug 1st application.
Is their any known reason for why CSC stopped processing the I-140. July 29th had been stuck for the last 7 processing time updates. Any ideas when will it start moving again.
My guess is they will start from Feb 1st, which will be 6 months for an Aug 1st application.
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