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About shriss

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    Advanced Member
  1. shriss

    Visitor Vis - I539 Denied.

    Hi All, I have a situation for my parents. I have applied I539 for my both parents. I-94 Expiration - 12/30/2016, but my dad left before the expiration of I-94, but my mom stayed while the application is pending, my dad returned to US on April 3rd and both my mom and dad left back to India on April 27th. On May 18th I539 got denied. Does this effect my parents 10 year visa which is valid until 2023.
  2. shriss

    H4 EAD

    Hi All, Can you please provide me insight on my case. -> My employer A filed a GC petition back in 2010. -> I moved to employer B in 2015, and employer A withdrew my GC application(140). ->Employer B is initial stage of filing(prevailing wages). ->My H1 is beyond 6 years and its active until 2018. Extended in 2015 with old 140 before it was withdrawn. Now my question is that my H1 is more that 6 years, can I apply H4 EAD for my wife. If so what is the procedure?
  3. shriss

    I140 Portability.

    Here is another supportive information. Q-6: I have been working with employer A for more than 2 years after I-140 got approved, and then joined another employer B later on. However, the employer revoked the approved petition. Can I still use that revoked approved I-140? Discussion: Your question involves two issues. The first issue is whether the final rule of this proposed rule will apply retroactively. If yes, your approved I-140 petition and priority date will remain valid "for the purpose" of portability of the job and extension/change of nonimmigrant status even beyond H-1B six-year limit since the approved I-140 petition was revoked 180 days after the approval of the I-140 petition, but your new employer will have to file a PERM application and I-140 petition for you to apply for I-485 application when your established priority becomes current in the Visa Bulletin. Without such new approved I-140 petition by the new employer, you will not be able to file I-485 application when your priority date becomes current in the Visa Bulletin, according to this proposed rule.
  4. shriss

    I140 Portability.

    i also saw this in the executive action document. DHS proposes to amend its automatic revocation regulations so that immigrant visa petitions that have been approved for 180 days or more would no longer be subject to automatic revocation based solely on withdrawal by the petitioner or termination of the petitioner’s business. As long as the petition approval has not been revoked for fraud, material misrepresentation, the invalidation or revocation of a labor certification, or USCIS error, the petition will generally continue to be valid to the beneficiary for various job portability and status extension purposes under the immigration laws. Such a beneficiary, however, must obtain a new job offer and may need another immigrant visa petition approved on his or her behalf to ultimately obtain status as an LPR. Retention of priority dates. DHS proposes to further enhance job portability for workers with approved EB-1, EB-2, and EB-3 immigrant visa petitions by providing greater clarity regarding when they may retain the priority dates assigned to those petitions and effectively transfer those dates to new and subsequently approved employment-based immigrant visa petitions. As with the immediately preceding provision, priority date retention generally would be available so long as the initial immigrant visa petition was approved and this approval has not been revoked for fraud, material misrepresentation, the invalidation or revocation of a labor certification, or USCIS error. And my applicatiom was never revoked because of fraud.
  5. shriss

    I140 Portability.

    My 140 was approved back in 2011 with june 2010 as PD and later was withdrawn by my employer and was not revoked by fraud or by material misinterpretation. Still I wont be able to port my PD to my new I140?
  6. shriss

    I140 Portability.

    Hi, I wanted to check if my case would be made easy with this rule. I had my I140 approved back in 2011, but in march I moved to a different employer and applied H1(approved) based on my old 140, later my old employer revoked my Immigration petition. My new employer started the process, and as per him I can port my date to my new petition. But as per the new rule. USCIS cant revoke the petition if it is more than 180 days of approval. My Questions: 1. My old 140 which was revoked, will it be re-activated? 2. Can my new employer apply I140 directly instead of going through all the process of labor etc? 3. Or will my ld I140 will go waste and I will loose my PD. Thanks
  7. shriss

    140 Withdrawn after H1 Approval, H4 EAD.

    But the recent H1 extension what I got it valid until 2018 which is beyond my 6th year period.
  8. Hi All, Here is my case. First H1 petition was back in 2009 I140 approved back in 2011 with Employer A. changed to emplyer B, got H1 approved for 3 years based on Employer A's I140 approval. Employer A withdraw my I140. (uscis site says revocation notice sent, checked with employer A and he said he withdraw the application.) My Questions: 1. Can I apply H4 EAD for my wife? 2. I checked with employer B's attorney and they say that I am not eligible and my H1 was approved via section 104 and not 106(a) or (b) and hence I am not elogible.
  9. shriss

    H1 Transfer on 6th year.

    May 26th is the application acceptance date, but my question is If I would still be eligible to apply EAD for my spuse or should I wait until I get my new 140 approved from my new employer?
  10. shriss

    H1 Transfer on 6th year.

    Thanks ashuneel, so as of today we heard the final rule for EAD, what are my chances?
  11. shriss

    H1 Transfer on 6th year.

    HI All, I have an approved I140 . Now I have got a Full time position and planning to move to the company. Can I use my old I140 for transfer. If in case my employer withdraws the application before my new company files my new PERM, will I still be able to capture the previous PD. 140 was approved in 2011. Another question, I am changing my spouse to H4, will she be eligible to apply for EAD with my old I140. or do i have to wait until I get my I140 approved from my new employer.
  12. shriss

    H4 to H1

    Thanks for all the responses. can I also know, what would be the case if the below things happen 1. If employer terminated actual H1 petition before and after H4 is filed. 2. what if the actual H1 expired its 3 yrs term (completed only 3 among 6) and then filed H4.
  13. shriss

    H4 to H1

    Hi Need information about H4 to H1 status change. Here is my case info. 1. H1B expires on 20th of september. 2. Changed status to H4. 3. What if I get a good job offer, and I want to go back to H1B, Will I have to wait for new quota or just regular H1B extension with COS(I539). Thanks
  14. Yeah, I do have BS+5 years experience now and my previous EB2 file was with masters, so now I will initiate new GC filing as BS+5 years experience. But my question is with my new filing can I port my old date??
  15. Mr JoeF, Thanks for the information, now that my master Degree is not valid, but I still have more that 5 years of experience, can I file new GC under EB2 and use the old Priority date??? Thanks