wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
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illinois_alum
11-01 02:59 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
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neeidd
08-05 12:14 PM
Hi Guys,
Based on other threads on this forum, I see a lot of I-485 approvals(EB2 I) at TSC for receipt numbers starting SRC# and whose PD is current . Just wondering if any one got I-485 approved whose application is a transferred from Vermont(EAC) to TSC?
Please shed some light on this!
Btw, my receipt date is 07/07 (EAC). PD current. Case transferred to TSC with a receipt date of 09/11.
Thanks
Based on other threads on this forum, I see a lot of I-485 approvals(EB2 I) at TSC for receipt numbers starting SRC# and whose PD is current . Just wondering if any one got I-485 approved whose application is a transferred from Vermont(EAC) to TSC?
Please shed some light on this!
Btw, my receipt date is 07/07 (EAC). PD current. Case transferred to TSC with a receipt date of 09/11.
Thanks
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sinemkeceli
01-24 11:03 PM
I had a opt which expired on the 9th. of november and on june 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in june 08 and I applied to eta 9089 on september 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after september. Now, my lawyer suggests me to go back to my country as my status will be put of satatus and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
suavesandeep
10-02 02:00 PM
Milind,
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
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chanduv23
09-16 08:02 AM
My cousin sister told me yesterday that - many are shy. Especially men - men could be the shyest people when it comes to showing up in public.
Yes, a big reason for people hiding inside closets is shyness.
This is also called social inhibition - UNABLE TO INTERACT SOCIALLY IN PUBLIC.
COME ON FOKLS - LETS ALL BE REAL MEN - LET THE WORLD KNOW THAT YOU EXIST. YOU HAVE TO OVERCOME YOUR SHYNESS
A LOT OF WOMEN ARE DOING SELFLESS HELP AT IV - THESE WOMEN ARE BRAVE - THEY WILL ONLY APPRECIATE BRAVE MEN - SO IF YOU SHOW UP YOU WILL BE APPRECIATED BY ALL THE GREAT WOMEN AT IV.
To quota an example: When I went to a discotheque for the first time - I was just standing there doing nothing. I was giving all excuses - like headache, no mood etc..... but all it took was someone to pull me in, and after that i was never shy.
For most of you, it takes a while to overcome your shyness - YES THIS IS THE TIME, OVERCOME YOUR SHYNESS - THERE ARE A LOT OF WOMEN OUT THERE WHO ARE NOT SHY.
Yes, a big reason for people hiding inside closets is shyness.
This is also called social inhibition - UNABLE TO INTERACT SOCIALLY IN PUBLIC.
COME ON FOKLS - LETS ALL BE REAL MEN - LET THE WORLD KNOW THAT YOU EXIST. YOU HAVE TO OVERCOME YOUR SHYNESS
A LOT OF WOMEN ARE DOING SELFLESS HELP AT IV - THESE WOMEN ARE BRAVE - THEY WILL ONLY APPRECIATE BRAVE MEN - SO IF YOU SHOW UP YOU WILL BE APPRECIATED BY ALL THE GREAT WOMEN AT IV.
To quota an example: When I went to a discotheque for the first time - I was just standing there doing nothing. I was giving all excuses - like headache, no mood etc..... but all it took was someone to pull me in, and after that i was never shy.
For most of you, it takes a while to overcome your shyness - YES THIS IS THE TIME, OVERCOME YOUR SHYNESS - THERE ARE A LOT OF WOMEN OUT THERE WHO ARE NOT SHY.
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somegchuh
06-19 12:29 PM
yesterday the NSC date for I-485 was Mar 01. 2007. Today its back to Sep 06. Man, these are total mind games!
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logiclife
06-01 12:34 PM
She is already a big supporter of hi-tech legal immigration. Its good to receive a response from legislators.
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dealsnet
10-12 02:03 PM
You want to bring him and file I130 ?
If he marry a US citizen, she can file his I-130 eventhough he is out of status.
(If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
For parent , brother/sister filing, I don't know and I don't think it is possible.
Hi
My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????
Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
Thank you very much
If he marry a US citizen, she can file his I-130 eventhough he is out of status.
(If the entry into USA is legal and out of status later, can adjust, if filed by spouse)
For parent , brother/sister filing, I don't know and I don't think it is possible.
Hi
My brother got a B1/B2 multi-entry visa for 2 years. My mother is a green card holder and my brother didn't want her to submit an I-130 on his behalf since she became a US resident. The reason was because one of the questions that the embassy asks when you apply to get a visa to enter the US is weather a relative submitted an I-130 on your behalf or not. If yes then the embassy thinks of you as you want to enter the US and remain there until ur I-130 is approved and a visa number is available.. my question is since my borther got his visa, will it be ok for my mother to submit an I-130 on his behalf now without having the embassy rejecting him B1/B2 visa in the future(that is after his current B1/B2 visa expire in 2 years ????
Another question if a person is in the US and out of status, can a relative submit an I-130 on his behalf and if yes how good is his chance to adjust his status when the I-130 is approved in the future??
Thank you very much
more...
sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
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uma001
04-15 09:15 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
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asanghi
12-15 01:52 PM
Has anybody recently applied to change visa status from H4 to F1? I want to know, how much time USCIS is currently taking to process F1
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hi there
10-18 03:20 PM
Hi all,
I am trying to book my H1b visa interview in the U.S. Consulate at Delhi for end of December. However, I don't see any available interview dates at Delhi during that time from VFS website.
Am I doing something wrong? Can any of give me some guidelines?
Thanks
I am trying to book my H1b visa interview in the U.S. Consulate at Delhi for end of December. However, I don't see any available interview dates at Delhi during that time from VFS website.
Am I doing something wrong? Can any of give me some guidelines?
Thanks
more...
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GCBALAK
08-10 10:48 AM
My husband is the primary and got his GC in July last year, under EB2. Upon suggestion, from my lawyer, I have made 1 info pass appointment (Oct 07) and raised 4 service tickets till now. All say they are processing.
My priority date is Aug 05. Now that the priority dates have moved. I have put one more service ticket but do not know what will happen. Upon again contacting my lawyer, suggested me to contact Congressman / Senator.
Anyone in the same pool ? Any suggestions ? I am in Pennsylvania state (Chester County).
Thanks.
My priority date is Aug 05. Now that the priority dates have moved. I have put one more service ticket but do not know what will happen. Upon again contacting my lawyer, suggested me to contact Congressman / Senator.
Anyone in the same pool ? Any suggestions ? I am in Pennsylvania state (Chester County).
Thanks.
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krishnam70
02-16 05:15 PM
H1 Transfer and Extention
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.
Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.
good luck
kris
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.
Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.
good luck
kris
more...
makeup This was added June 27th, 2011
tikka
06-07 12:07 PM
Guys,
I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:
Lasantha
Good luck :)
I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:
Lasantha
Good luck :)
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javadeveloper
03-28 06:34 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
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finimits
04-25 03:17 PM
Ssashraf, please don't answer a thread question with another similar question. I'm not sure it helps much. In forum posting, that usually leads to disinterest and 'dead' threads where none of the questions are really answered.
I would either wait for at least one answer or creat a new thread.
Thanks!
I would either wait for at least one answer or creat a new thread.
Thanks!
vadik78
05-24 10:06 PM
with experience you gain not only technical skills required to do your job, but also you gain project management experience. To be successfull in consulting world, you need to have strong project management skills and people management skills that come with experience... At least that's what I see in my company - one of the "big- four" firms (accounting, assurance and advisory services). Hope that helps
Azgc005
06-22 10:11 AM
My company has been getting mine done thru premium processing..The latest one took exactly one week from the date of receipt
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