vinodp1978
08-25 10:16 PM
I am in the same situation...my 6th yr H1 expires on Feb 2008. I am really hoping that I will get an EAD before my H1 expiration. But if I dont get an EAD on time then I will apply for recapturing my time outside USA. I travel overseas a lot on business so basically i will need about 3months of time recaptured to meet the 1 yr prior labor approval for H1 extension. My PD is april 2007. Hope this helps and works out for you.
BTW..i recieved my receipt notices for EAD,485 and AP last week.
BTW..i recieved my receipt notices for EAD,485 and AP last week.
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elephant
06-18 05:25 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
ItIsNotFunny
11-11 06:08 PM
Bump ^^^^^
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OLDMONK
06-21 07:24 PM
If you are Canadian Citizen (by birth not naturalized) it should be pretty quick, maybe 6-18 months depending on FBI name check timing.
You should get your EAD 10-12 weeks.
I am not sure about one thing. As I know visitor visa doesn't have an immigrant intent, is that a negative or neutral in your instance.
As far as priority dates go Canada has always been current.
All the above I said is based on very little specific input about your case. Let some guru chime in who has been on this path already.
You should get your EAD 10-12 weeks.
I am not sure about one thing. As I know visitor visa doesn't have an immigrant intent, is that a negative or neutral in your instance.
As far as priority dates go Canada has always been current.
All the above I said is based on very little specific input about your case. Let some guru chime in who has been on this path already.
more...
paystubissue
03-16 12:27 AM
Hi all,
Please help me with the following questions.
I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?
I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.
Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.
please let me know your thoughts
Regards
Please help me with the following questions.
I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?
I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.
Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.
please let me know your thoughts
Regards
coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
more...
jack
10-31 09:47 PM
Hi all,
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
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Ann Ruben
05-14 04:27 PM
The most important issue is to insure that any USCIS notices come directly to you. If the RFE was sent to your address, that is a good sign. Technically, the G-28 is only for your legal representative, though sending one in as advised above would do no harm. You might also, or instead, send a letter signed by you and your wife advising that you are no longer represented and asking that all future correspondence be addressed to your home. I would then follow up with the National Customer Service Center to make sure they have correct information.
more...
Munna Bhai
07-12 09:47 AM
How to delete the thread??
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santb1975
01-28 10:45 PM
^^^
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speddi
03-27 04:24 PM
This one is for a nutritional clinical trial. I dont see any risks in this. Thank you for the information.
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Steve Mitchell
February 14th, 2004, 03:39 PM
The only thing I notice is a little orage that looks unusual on the tip of the rear ducks beak. If that's not it, I don't see anything.
more...
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krishna_brc
01-29 05:40 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
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va007
05-04 04:46 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Plz reply me soon
Thanks
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
more...
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prince123
03-11 04:34 PM
Hi,
I was working with company# A as Electronics Engineer from Dec �03 to Jan �07 on H1B visa, Company# A filed my GC in May �05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August �07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is �
Company# A still want to hire me after I got GC (because they were very happy with me, right now they don�t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.
Thanks for your time.
I was working with company# A as Electronics Engineer from Dec �03 to Jan �07 on H1B visa, Company# A filed my GC in May �05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August �07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is �
Company# A still want to hire me after I got GC (because they were very happy with me, right now they don�t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.
Thanks for your time.
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wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
more...
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gauravster
04-17 04:12 PM
Hello,
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
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pointlesswait
03-06 09:55 AM
Arent you allowed to apply for OPT only after you express ur desire to "graduate"?
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
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jonty_11
06-15 01:17 PM
This from Immigration-law.com
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
franklin
04-05 11:49 AM
No problem Pappu
Guys - this is a reminder. I have had exactly ZERO responses to this conference call asking for the call info so far. :confused:
Guys - this is a reminder. I have had exactly ZERO responses to this conference call asking for the call info so far. :confused:
Blog Feeds
02-23 12:40 PM
Ah, the magical E-Verify solution. If we just required it for everything from getting a job to applying for any kind of government benefit and now qualifying for a mortgage, all would be right with America. In the mean time, innocent Americans are still getting caught in non-confirmation hell. For example, I'm trying to help a good friend who is a fourth generation American who inexplicably has been bounced in E-Verify. She has taken multiple trips to the Social Security Administration office and spent hours on the phone over the last several weeks trying to fix this glitch and yesterday...
More... (http://blogs.ilw.com/gregsiskind/2010/02/bill-introduced-to-extend-everify-to-mortgage-applicants.html)
More... (http://blogs.ilw.com/gregsiskind/2010/02/bill-introduced-to-extend-everify-to-mortgage-applicants.html)
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