meridiani.planum
12-19 12:45 AM
There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.
Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.
seconding this post. the H1 is still valid. It can be extended. The only two potential troubles are:
1. its been quite some time since your friend was last in status (Sept) so USCIS will liekly issue an RFE (do the transfer in premium processing) and will approve the H1 but not the updated status (you will get an I797 without an I94 at the bottom). If that happens your friend will need to leave the US and return (any border, need not go to home country) to activate teh H1.
2. if your friend stays out of status for >6 months it can impact his eligibility for greencard down the line.
msp1976
03-09 05:01 PM
Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!
Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..
ROW is rest of world....All countries except India/China
The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
Also, please let me know what does EB2 ROW means. Thanks!
Without immigration reform Cannot file I-485 application...Wait for 7/8 years at least.to get green card finally..
ROW is rest of world....All countries except India/China
The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
GKBest
10-13 09:41 PM
All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.
Are you a July 2nd filer?
Are you a July 2nd filer?
ujayra01
07-12 10:21 AM
Most of the EB3 India applicants having received their GC between 2002 and 2005?
You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
more...
.jpg "fantasy wallpapers. fantasy")
anilsal
03-17 04:29 PM
From http://www.murthy.com/eb1opr.html
if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.
if employment is from an academic institution, it needs to be a tenure or tenure-track position. If from a company, the employer should have in its employ at least three full-time researchers and have documented achievements by the company or its research personnel.
anilsal
12-19 10:19 PM
What is "CPB defferred inspection site"?
Details please....
Details please....
more...
chanduv23
09-25 10:29 AM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
Excellent - explains everything
Enjoy
Excellent - explains everything
kumar1
12-26 12:48 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
more...
niklshah
11-19 05:31 PM
guys pls stop panicking its only for the cases which are outside the processing dates
"The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"
and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....
"The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"
and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....
Sampath7768
10-15 01:40 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
more...
dilusa1
07-18 08:43 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
arnet
06-14 05:13 PM
In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.
more...
n_2006
07-16 10:25 AM
As core team migth be knowing the solution, Can you please provide us some information whether we should go ahead and file today.
desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
more...
lostinbeta
10-16 01:00 PM
It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.
They might have it in Photoshop 6, not sure.
They might have it in Photoshop 6, not sure.
transpass
07-30 12:37 AM
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...
more...
ravi2patel
07-23 11:19 PM
Hi,
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
My situation is as follows:
1) approved RIR labor 2002
2) approved perm labor 2005
3) approved i-140 2006 (PD 2005)
4) ALL of above for company-A. 2006 company-B took over.
My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.
I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.
SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(
Regards,
-Ravi
rimzhim
06-07 11:48 PM
www.msnbc.com
www.cnn.com
Cheers!
You mean rust in peace !!!!!!!:D :D :D
www.cnn.com
Cheers!
You mean rust in peace !!!!!!!:D :D :D
ranahosur
07-15 07:39 PM
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
sledge_hammer
12-03 04:59 PM
Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
http://www.uscis.gov/files/article/public_cqa.pdf
Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?
A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.
vinay@ocean
06-09 12:39 AM
Thanks a lot for the VISA issue....
Cant i travel via germany to india with stolen visa issue ?
Cant i travel via germany to india with stolen visa issue ?
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