hurricane345 said:-------------------------------------------------------------
I have Canada PR card.I do not have valid visa on my passport.
It also expired in April.
My H1 ext comes under 8th year.
I already have 3 years old LC with another company.
I am planing to apply this week I140 also.
So it is good to apply H1 with this company in permium and go to Canada for stamping.
Wil there be a problem in Canada.
Thanks
unitednations said:Yes, you can go ahead and do that. Did your 7th year extension already get approved? If so is it with old company? What was the basis of your 7th year extension (old labor) or cyber 140 approval?
dyingforgc said:Hey Newtoforum2005, please delete your below post for our good only. we have lot of useful information regarding how to get back to status and other related information. we don't want this thread to be deleted just because you copied whole below email. please understand. do it immediately.
unitednations said:you have to have two approved I-140's to transfer priority dates. Once the perm labor gets approved and you get an I-140 approved on it, the priority date will attach. Once the old labor gets approved and you get an I-140 approved on it, then you will be able to transfer the old labor priority date to the perm I-140.
unitednations said:Yes.
Cyber_Victim200 said:Hello UN,
Could you clarify for the following scenario.
1.My Labor pending in BRC is in EB3 category pending since March 2003.
2.My PERM application under process is in EB2 category.
If I am able to apply and get approval for I 140 in both cases can i get the PD of EB3 category labor to the EB2 labor?
Thanking you in advance for your reply.
dyingforgc said:Did you apply EB2 perm through same employer where your EB3 remains pending?
newtoforum2005 said:Hello, Dyingforgc.
I have deleted my post, can please edit your message also.
Thanks.
Cyber_Victim200 said:Yes.
gchelpme said:I agree when you say - when you entered last and what was your status...
so in my case - when i last entered, i was on h1 of old company, i continued to remain in h1 status after switching to B company and now i am going back to same old company...old h1 automatically gets invoked once payroll begins to generate... else it remains dormant. do you agree?
unitednations said:If your six years has completed and you can't find a backlog labor.
Get a company to file a PERM labor for you immediately and file an I-140 even if you are out of status (remember to file a 140 you don't even need to be in the country).
I've seen perm labor get approved in one day. Filed last Sunday approved on Monday. Texas, Nebraska, Vermont is approving I-140's very fast these days (generally within a month, if everything is in order).
Any time you spend outside the country while on h-1 (even one day) or any time you had h-1 but you had a valid EAD, you can recapture the h-1 time once you got the approved EAD. In essence, you can say you started using EAD.
This could buy you some time to get back onto your six years of h-1. It may only be two-three-four months. However, key is that once you are back on h-1 and you get the 140 approved then you get another 3 years.
Also, other benefit is if you recapture this time, since you are back in six years then the backlogged labor you would be using to get 7th year extension would only have to be older then 365 days from the expiry of your new h-1. Therefore, it opens up more possibilities for you to use backlog labors that were filed late last year, instead of 365 days from when you think your original six years expired.
There was a disconnect between service centers on recapturing h-1 time. They were of the position it had to be a meaningful interruption. One day, one week here or there wasn't subject to recapture. However, AAO stated that one is not on h-1 when they are out of the country. The decision was not precedent or binding on service centers and they kept doing what they were doing.
However, USCIS just made the decision precedent and binding on all USCIS employees. Therefore, you can recapture the time. Show the following decision to your employer, potential employer or attorney and they will figure it out.
unitednations said:your I-94 card is expired.
yes my I-94 is expired in Arpil 2005
What was the basis for the 7th year extension - whose labor?
this is from my previous company who filed my GC in 2001 and applied my 7th year when they are renewing my H1 from that company, This is american company so i cannot goback, that labor is still pending and its in Phili backlog center , its filed from NY city that's why i dont have any receipts, i sent fax to Backlog center with letter of that Fedex receipts which was given by previous company HR in 2001
Since you are not in a period of authorized stay, you will have to file with uscis to reclaim those months. However, I don't think they will give you a new I-94 card. They will approve it but ask you to go out and get new I-94.
means once they approve those months i have to go for Stamping in India, becoz i dont have any status now??, is they still approve my H1 , those months are from 7th year actaully
unitednations said:to change status to h-1, you have to be in valid non immigrant status on h-1 when you do it.
since you are not on h-1 currently then they will not approve with a new I-94 card.
You will have to go out of the country and come back in.