martinvisalaw
09-09 10:02 PM
CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
thomachan72
06-01 06:48 AM
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
Ramba
04-09 07:12 PM
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
manishi
11-18 03:46 PM
Thank you all for explaining me . I now got an idea why still people look at PD's even though they applied for I-485.
more...
GotFreedom?
10-08 06:16 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
JwbLZYSCCiw
Awesome delivery of the emotions!!!
JwbLZYSCCiw
Awesome delivery of the emotions!!!
anai
09-17 11:03 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
more...
qualified_trash
01-30 12:28 AM
why did they revoke it after approving it?
yabadaba
05-22 09:03 AM
Sounds like a great positive move with Patton Boggs
this was really old news. its been on our front page for a number of months now. I was just pointing out to members to please read the front page for updated information.
this was really old news. its been on our front page for a number of months now. I was just pointing out to members to please read the front page for updated information.
more...
shana04
01-21 09:29 AM
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
sai_srinivas
05-19 07:46 AM
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
more...
sathyaraj
10-26 11:29 AM
USCIS is not updating the online status. Mine got approved and I received it in mail. But still the online status remains as pending.
Atmaram
07-16 02:42 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
more...
diptam
04-13 07:12 PM
sledge_hammer,
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
gcretroiv
02-10 09:30 AM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
more...
purgan
11-17 10:37 AM
jonty 11....what "secret" are you talkin about...
All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...
All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...
JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
more...
usirit
07-01 02:40 PM
20K = Using an attorney for H1B Visa, 4 H4, Renewal of H1B Visa + 4 H4, Sponsorship Company got bought and change name = Re-Issuing H1B Visa, PERM Process....
But still.... people ask why illegals just don't come here legally?????? :mad:
20K ...is that what it cost you so far ??? that is way too expensive ..
I agree how can a poor laborer afford such fees ?
But still.... people ask why illegals just don't come here legally?????? :mad:
20K ...is that what it cost you so far ??? that is way too expensive ..
I agree how can a poor laborer afford such fees ?
GCBoy786
10-08 03:54 PM
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
ganguteli
03-04 05:43 PM
Is there anything i can do on H4 visa??
You can volunteer your time for IV and help .
You can also expand your family . Do not wait and put your life on hold due to your visa status.
You can volunteer your time for IV and help .
You can also expand your family . Do not wait and put your life on hold due to your visa status.
abhijitp
01-26 05:46 PM
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
15 minutes of yout time could save you 6-12 years of waiting!
apple
09-10 12:01 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
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