GC_SUCK
08-07 04:08 PM
I called after about 3 weeks just to check status.
My PD is April-2002 and I really need to go back home in December but I don't want to use AP for that, so I am hoping I will hear something by the end of this year.
My PD is April-2002 and I really need to go back home in December but I don't want to use AP for that, so I am hoping I will hear something by the end of this year.
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ddeka
02-14 03:24 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
gparr
May 19th, 2004, 02:57 PM
I agree with you 100%. As we've discussed before, it's still a great motivator to both get off our butts and to shoot something different.
Gary
Gary
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vin13
05-28 12:47 PM
IVians,
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
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wandmaker
10-01 12:18 PM
I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
theMan
01-14 12:17 PM
No issues on both fronts as long as you have adhered to the terms and conditions while obtaining the Canadian Visa. I had similar circumstances in the recent past.
A factor to consider is the unpredictable time spent at the secondary inspection when returning. I am not sure how that will work when you drive across the border.
A factor to consider is the unpredictable time spent at the secondary inspection when returning. I am not sure how that will work when you drive across the border.
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OLDMONK
07-23 05:53 PM
My lawyer explicity told "NOT" to flipflop wven without me asking.
Same here. My lawyer specified NO "flip top". Does it matter, I guess not.
Same here. My lawyer specified NO "flip top". Does it matter, I guess not.
2010 WoW Insider#39;s Secret Mage
Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
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kanshul
12-28 09:11 AM
I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.
Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
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smaram1
07-02 05:35 PM
I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am not lawyer :) but that's waht i went with and submitted just yesterday
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ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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pappu
12-17 05:58 PM
core members:
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
Pls check the threads for both events. I am sure we gave an update for the Boston event in the thread.
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satishku_2000
06-17 07:23 PM
Are doctors supposed to share the results with us or dont they share the results ? My understanding is that doctors are supposed to share the results...
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avantika.nandamuri
04-07 07:04 PM
I have valid H1 visa with Company A till sep 2009. I have applied for h1 transfer to company B in june 2008 and it's still pending without any RFE. I got an offer from Company C. Can I transfer my H1 to company C, when H1 transfer with company B is pending? Company A has revoked my H1. will that in any way affect my h1 transfer??
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gbof
09-01 04:37 PM
Please click on the poll for data gathering purposes.
Please select as many options as required.
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'Lucky Sept Guys' CONGRATS on getting greened. Please, take a moment to enter info in this poll
Please select as many options as required.
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nychyd
01-02 03:16 PM
I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?
Thanks
Thanks
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raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
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fromnaija
09-07 04:42 PM
Hi,
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
You mean before you are out of status? --- 60 days, I think.
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
You mean before you are out of status? --- 60 days, I think.
tb2904
07-02 12:15 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
raviram1980
01-18 02:31 AM
hi all,
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
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