svam77
07-24 02:22 PM
I mean should it be only Software engr in the exp letter rather than Sr Software engr, since the labor says Software engr ?
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vinzak
10-05 09:42 PM
So a question that's worth pondering. If I am on 485/EAD without H1b, does this mean I have the right to work but not the right to stay in the US?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
The EAD card only gives us the right to work (as said on the card, cannot be used for entry), and my 485 has been pending for more that 240 days.
Is there any explicit stipulation for the 485 that allows me to be in the US as long as it is not denied?
go_guy123
12-16 07:24 PM
Here is my h1b status:
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.
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wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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vchip
08-23 09:50 AM
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
roseball
07-26 09:11 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
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gcformeornot
04-09 11:45 AM
to pay for PERM and 140. Employee can in no way be involved in PERM process...
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rb54321
07-27 08:41 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
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HV000
02-22 10:22 PM
I just watched it and its about the citizenship wait!! They talked 500,000 legal latinos not able to vote during this election.
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nomi
10-02 11:45 AM
I'm going to Canada on vacation for 2 days. I've read that if yr I-94 is valid and even if yr visa is expired you can return to US (thru automcatic revalidation)
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
Please let me know how does your visit went. I need to go to Canada in Jan. too.
Good luck and have a nice trip.
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
Please let me know how does your visit went. I need to go to Canada in Jan. too.
Good luck and have a nice trip.
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va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
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desi3933
07-09 11:57 AM
Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
Yes. As long as I-140 is not canceled or revoked.
___________________
Not a legal advice.
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Sooner2
04-10 12:09 PM
Yes, if it's the same company - I think your employer just needs to file an amendment. I would suggest you consult with your employer's lawyer to see if an amended petition is even required in your case.
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joolie1
02-08 09:38 AM
so my Perm Res Card = a Green Card?
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
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return_to_india
12-22 08:09 PM
They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?
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sidm1810
04-18 02:39 AM
hello experts..
My husband and I are working on H1B visa.My husband has filed for Green card..
Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
if 6 years on H1B are over??
If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
for visa extension?If I join another company do I have to have again labor cleared to get additional visa extension
at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?
Many thanks..
My husband and I are working on H1B visa.My husband has filed for Green card..
Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
if 6 years on H1B are over??
If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
for visa extension?If I join another company do I have to have again labor cleared to get additional visa extension
at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?
Many thanks..
more...
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tabletpc
12-22 02:06 PM
Thanks vikram for the speedy response.
Anyone out there with similiar expereince...????
Thanks
Anyone out there with similiar expereince...????
Thanks
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donsimahajan
06-22 11:41 AM
Right, they're going to take one step forward, and two step backwards. Because the moment they take one step forward, they get flooded with applications they can't handle.
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sukisharma
08-27 08:03 PM
Dear Friends,
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
Does anybody has information on the current lag between check cashing and getting receipt in the mail?
My check for 485 was cashed on August 20 (process by my bank) and the online case status says receipt was mailed out. But my lawyer has not received it as of today.
Thanks in advance for your reply.
rajeshalex
07-31 08:06 PM
can someone experienced pls respond.
thank u:)
thank u:)
new2gc
07-20 03:54 PM
Speaking of I-140, I have applied that along with I-485 during July 2007 and I got approval in mail (hard copy to my attorney) in Feb'09, but my online status still shows initial review.
Will this be of any issue later? Please advise if anyone had the same issue.
Will this be of any issue later? Please advise if anyone had the same issue.
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