View Full Version : 101 On 140 processing

merakyahoga

10-22-2007, 08:00 PM

A real 101 question

1. My friend has his labor approved 09/2007. Priority dates not known but he applied in august 2007.

2. He will be applying for I 140.

a. Can he apply thro’ premium processing for 140? Is this channel open or still closed? Does anyone have a news on this one?

b. Can he apply for I 140 next week? Is USCIS still taking applications for I 140 (thro’ normal processing)

c. If answer to question 2*b is yes. How fast that can be done?

d. Real question is now : If he applies for I 140 will he be able to extend his H1 beyond 6 yrs? His visa is ending on Dec 23, 2007.

I would appreciate if anyone can explain this clarly in simple language. His focus at this point is to be able to stay in this country for at least a year by means of extending H1.

Again, will he :Dbe able to extend his H1 beyond 23rd December. Your help will be highly appreciated.

bestin

10-22-2007, 08:03 PM

Wish i had a friend like you.;)

satishku_2000

10-22-2007, 08:21 PM

A real 101 question

1. My friend has his labor approved 09/2007. Priority dates not known but he applied in august 2007.

2. He will be applying for I 140.

a. Can he apply thro’ premium processing for 140? Is this channel open or still closed? Does anyone have a news on this one?

This channel is closed , no one has an idea if USCIS reinstates prem. processing anytime soon

b. Can he apply for I 140 next week? Is USCIS still taking applications for I 140 (thro’ normal processing)

He can apply thru normal processing

c. If answer to question 2*b is yes. How fast that can be done?

depending on service center anywhere between 6 to 18 months

d. Real question is now : If he applies for I 140 will he be able to extend his H1 beyond 6 yrs? His visa is ending on Dec 23, 2007.

I would appreciate if anyone can explain this clarly in simple language. His focus at this point is to be able to stay in this country for at least a year by means of extending H1.

As far as i know based on pending 140 one cannot extend H1B beyond 6 years.

Again, will he :Dbe able to extend his H1 beyond 23rd December. Your help will be highly appreciated.

I think he can recapture the time he spent outside USA in last 6 years.

..

amitjoey

10-22-2007, 08:51 PM

I-140 PREMIUM NOT AVAILABLE AT THIS TIME

A real 101 question

1. My friend has his labor approved 09/2007. Priority dates not known but he applied in august 2007.

2. He will be applying for I 140.

a. Can he apply thro’ premium processing for 140? Is this channel open or still closed? Does anyone have a news on this one?

Premium processing is not available

b. Can he apply for I 140 next week? Is USCIS still taking applications for I 140 (thro’ normal processing)

He can apply any time if labor is approved.

c. If answer to question 2*b is yes. How fast that can be done?

I am waiting since OCT2006, some were lucky to get it in 3-4 months.

d. Real question is now : If he applies for I 140 will he be able to extend his H1 beyond 6 yrs? His visa is ending on Dec 23, 2007.

Based on an I-140 APPROVAL, he can get a 3-year H1B extension, or if the labor/I-140 is pending or approved 365 days PRIOR. So the answer is "NO" if he does not get his I-140 approved by then. "YES" IF he gets his I-140 approved before Dec 23rd.

I would appreciate if anyone can explain this clarly in simple language. His focus at this point is to be able to stay in this country for at least a year by means of extending H1.

Again, will he :Dbe able to extend his H1 beyond 23rd December. Your help will be highly appreciated.

merakyahoga

10-22-2007, 10:27 PM

Thanks for replying it in really simple words.

There is nil chance that premium processing is going to open in near future. So there is 99.9999 chance that this guy will have to return back to his home country.

(a) If he does not change his employer, he will still be able to keep his green card under processing. Right?

(b) As per the law, to get new H1 this guy will have to be outside of US for a year. Right? If his green card is under processing will he be able to get a H1B sponsored from the same employer after a period of 1 year? {{ I am assuming here that his I 140 is does not get approved for next 1 year }}

(c)Another question, if I 140 gets approved in 3 months (less than a year) will he be able to come back immediately by extending his H1 (excuse my terminology if it does not make sense)

(d) Should he apply for i 140 at this stage if he is keen on coming back within a year / should he not persue the same? Does applying I 140 makes getting his H1B chances low?

This is really a complicated case and I am just wondering is there any way it can be solved (other than premium processing for I 140 option) I know that he will have to talk with his lawyer. His words "something should be there" to help case like his.

Appreciate everyone's views and answers.

immi2006

10-23-2007, 01:53 AM

Ask your friend to login and ask directly, instead of proxying.

I think he is in a tough spot right now, one way is have someone sponsor on l1 then he can come back imdlty

Thanks for replying it in really simple words.

There is nil chance that premium processing is going to open in near future. So there is 99.9999 chance that this guy will have to return back to his home country.

(a) If he does not change his employer, he will still be able to keep his green card under processing. Right?

(b) As per the law, to get new H1 this guy will have to be outside of US for a year. Right? If his green card is under processing will he be able to get a H1B sponsored from the same employer after a period of 1 year? {{ I am assuming here that his I 140 is does not get approved for next 1 year }}

(c)Another question, if I 140 gets approved in 3 months (less than a year) will he be able to come back immediately by extending his H1 (excuse my terminology if it does not make sense)

(d) Should he apply for i 140 at this stage if he is keen on coming back within a year / should he not persue the same? Does applying I 140 makes getting his H1B chances low?

This is really a complicated case and I am just wondering is there any way it can be solved (other than premium processing for I 140 option) I know that he will have to talk with his lawyer. His words "something should be there" to help case like his.

Appreciate everyone's views and answers.

roseball

10-23-2007, 02:52 AM

This is what your friend can do:

- Apply for I-140 asap under normal processing

- If your friend was out of the country anytime during his 6 year H1 period, then he can file for H1 extension for the time spent outside of US. For example, if he had three 1 month vacations (outside country) during the time he was on H1, then he can file a H1 extension to claim those 3 months...He will have to submit evidence (passport entry/exit stamps) to prove he was outside US for that duration...By doing this, he can buy some time and hope his I-140 will be approved by the time the extension expires....

- Another option is to file I-140 immediately and if his employer agrees, go on unpaid leave, and leave US immediately...Then return back before the current H1 expires and file for H1 extension by reclaiming all the time spent outside US while on H1....Ofcourse, his employer has to be really co-operative inorder to do so..

These are options just to buy some time in order for I-140 to be approved as its taking anywhere from 6-9 months for approval depending on the service center...........

Hope something works out for your friend.....And ofcourse, watch out when USCIS starts accepting I-140 premium processing applications again, and file I-907 premium processing request form as soon as they open it up....

gc_chahiye

10-23-2007, 04:17 AM

Ask your friend to login and ask directly, instead of proxying.

I think he is in a tough spot right now, one way is have someone sponsor on l1 then he can come back imdlty

to get L1 sponsorship I thought you had to work for the company in the office abroad for a min amount of time (6 months or 1 year)

gc_chahiye

10-23-2007, 04:24 AM

inline...

Thanks for replying it in really simple words.

There is nil chance that premium processing is going to open in near future. So there is 99.9999 chance that this guy will have to return back to his home country.

(a) If he does not change his employer, he will still be able to keep his green card under processing. Right?

he can keep the GC going even if he is not inside the US on H1. Its upto the employer to keep it going.

(b) As per the law, to get new H1 this guy will have to be outside of US for a year. Right? If his green card is under processing will he be able to get a H1B sponsored from the same employer after a period of 1 year? {{ I am assuming here that his I 140 is does not get approved for next 1 year }}

sure

(c)Another question, if I 140 gets approved in 3 months (less than a year) will he be able to come back immediately by extending his H1 (excuse my terminology if it does not make sense)

yes, see:

http://www.murthy.com/nflash/nf_122006.html

The memo also confirms that an individual who is beyond the six years of H1B status may file for a 7th-year H1B extension under AC21, even if s/he is not in the U.S.

(d) Should he apply for i 140 at this stage if he is keen on coming back within a year / should he not persue the same? Does applying I 140 makes getting his H1B chances low?

yes, apply for the I-140, getting that approved will lock his Priority date.

If he ever restarts GC again, he will be 'earlier' in the queue.

I-140 approval has no bearing on H1-B approval as H1-B is dual intent. Getting a non-immigrant visa for the US could be harder (F1/B1) once he has filed the I-140

This is really a complicated case and I am just wondering is there any way it can be solved (other than premium processing for I 140 option) I know that he will have to talk with his lawyer. His words "something should be there" to help case like his.

recapture of time spent abroad might be the best bet (starting from right now, see if he can start working remotely for a couple of months)

abracadabra102

10-23-2007, 11:57 AM

This is the height of being scared.

Some people create annonymous profiles because they are scared USCIS will come after them if they post anything on the web. I have known people who are so scared when their name shows up in google search and think they will be stuck in FBI namechecks. Now some people are so scared they ask their own questions by saying' they are asking for their friend'.

Ask your friend to come on the site himself and post. We wiill answer questions that are yours only.

Come on 'high skilled ' 'best and the brightest' grow up.

I don't think people should answer 3 kinds of posters:

People who ask questions for their friend.

People who create thread without proper title

People who post offenive messages

Well said.

merakyahoga:

You would have understood by now that many posters here think that "your friend" is actually "you". If that is the case, learn to face problems bravely. There is nothing wrong in admitting to a problem or failure. There is no shame in it. If you are in fact posting for a friend, ask him/her to login and ask here openly.

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