Shiddique
01-07 08:51 AM
Actually, you're no longer in H-1B status. If you end up getting another employer to sponsor you and you're RFE'd for your last 3 months of pay stubs to show your last day of work and it shows you entered the country after that date as an H-1B you will be denied your visa at the consulate.
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SandeR2
03-25 03:16 AM
really good expression on the face!
sri1234
01-30 08:47 AM
You can work on H1B visa till you get FINAL approval or denial.
Whats your attorney openion?
I do not have direct contact with the attorney.
My company hr says i can work as per the attorney.
I am wondering will this have any effect on my I-485?
Can i apply for H1 transfer during this period?
Please advise.
Whats your attorney openion?
I do not have direct contact with the attorney.
My company hr says i can work as per the attorney.
I am wondering will this have any effect on my I-485?
Can i apply for H1 transfer during this period?
Please advise.
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Green.Tech
03-11 05:52 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
Good morning, Mr. Bawa :)
People have talked about it and forgotten already:
http://immigrationvoice.org/forum/showthread.php?t=24227
...and are already talking about May bulletin now:
http://immigrationvoice.org/forum/showthread.php?t=24275
Good morning, Mr. Bawa :)
People have talked about it and forgotten already:
http://immigrationvoice.org/forum/showthread.php?t=24227
...and are already talking about May bulletin now:
http://immigrationvoice.org/forum/showthread.php?t=24275
more...
pbuckeye
08-24 07:36 AM
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
udaykaran
05-15 07:10 PM
http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
more...
BumbleBee
07-27 05:52 PM
Its complicated and gray area, I haven't seen any success from anybody yet.:confused:
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
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abcd_1234
05-30 09:23 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
more...
ranand00
09-01 08:41 PM
Hi I am a Physical therapist on H4.
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
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probe
09-04 02:25 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
more...
mkrisa
08-07 09:34 PM
Guys, I have some questions?
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
Can we file I-765 (EAD) and not use it? Do we have to renew it even though we dont use it?
Please let me know.
Thanks
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updsoft
09-20 06:25 PM
Hello!
I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :
1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.
thanks
I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :
1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.
thanks
more...
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roseball
03-08 01:00 PM
Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
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Blog Feeds
10-15 06:30 PM
U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.
Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.
Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)
more...
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gc_bulgaria
09-26 01:29 PM
Questions: :confused:
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
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yagw
12-07 07:35 AM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
more...
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Manbir
06-26 06:26 PM
I am in need of this info and want to clarify my doubt. Please reply soon.
Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.
If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)
This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."
Regards,
Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.
If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)
This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."
Regards,
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sri1234
01-30 11:50 AM
~bump~
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dwl800
06-09 01:23 PM
Hi All,
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
crazyghoda
06-16 07:22 PM
So step children get the same benefits as dependants. Good to know. I guess if it wasnt so, someone would have raised some issue about it by now. Atleast there would have been a bill in congress.
After marriage he will be your step-son and is eligible for L2 dependent visa.
After marriage he will be your step-son and is eligible for L2 dependent visa.
maco
07-31 04:10 PM
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
