austingc
05-03 12:52 PM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
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fasterthanlight�
06-06 12:42 AM
Theres no limit for how many YOU can have, however, there is a limit of 4 stamps that have similar themes. (4 per batch i guess you could say).
zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
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chanduv23
09-12 04:16 PM
Ivan is a doctor from Mexico. He did his resiidency at Mainmonaides in New York and now works as an attending physician at Cleveland Clinic. Clevland clinic is planning to promote him as a program director but Ivan wont be here next year, his Green Card petition has been pending FBI checks for 3 years now and he is frustrated about the process and plans to move back to Mexico and start his own hospital.
Lets strive to keep Pablo and Ivan in the US.
Lets March to DC on September 18th for the Legal highly skilled immigrants rally
Lets strive to keep Pablo and Ivan in the US.
Lets March to DC on September 18th for the Legal highly skilled immigrants rally
more...
pnara2
02-27 01:13 PM
I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
smisachu
10-14 11:34 PM
I am in the same boat. My 7-9 yr extn will be up in December. My PD is Dec 2005 EB2. I would like to apply for 3 yr extn of H1. I am thinking if I should just renew my EAD instead of renewing my H1. Also what would be the filing fee for H1? $320 or $320 + $1500?
Thanks.
My Green card is in the processing and I-140 was approved
in Dec 2007. The priority date is in Jun 2007 and EB2 category. Applied for renewal of EAD and AP recently.
I am on H1b and it is due for renewal in 3 months. I will be on H1b for 4 1/2 yrs by that time.
I hope h1b will be issued for 3 yrs since pending 485 for more than a year.
I think renewing is helpful just in case if there is any issue with 485.
1. Is it worth to renew H1b?
2. How much will it cost to renew H1b?
3. Since the h1b is issued for 3 yrs based on pending 485. If any issue with 485 will it impact H1b?
Thanks in advance.
Thanks.
My Green card is in the processing and I-140 was approved
in Dec 2007. The priority date is in Jun 2007 and EB2 category. Applied for renewal of EAD and AP recently.
I am on H1b and it is due for renewal in 3 months. I will be on H1b for 4 1/2 yrs by that time.
I hope h1b will be issued for 3 yrs since pending 485 for more than a year.
I think renewing is helpful just in case if there is any issue with 485.
1. Is it worth to renew H1b?
2. How much will it cost to renew H1b?
3. Since the h1b is issued for 3 yrs based on pending 485. If any issue with 485 will it impact H1b?
Thanks in advance.
more...
h1vegas
06-29 07:37 PM
Me and my wife are July 2007 filers. We applied for Ead renwal.
My wife started her own business and opened a LLC.
Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD
Pls let me know
thanks
My wife started her own business and opened a LLC.
Which means she is using her EAD. But how does the USCIS know that she is using her EAD.
My question is when she aplied for the business license , she has given her SSN everywhere but how does the agencies know that this particular person is using EAD
Pls let me know
thanks
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theconfused
01-01 05:39 PM
Dear All,
i might have posted this query in some other forums too, but could not get much response and hence reposting. Please pardon me if you happen to re-read this.
1) I got my fresh H1B visa stamp from employer A and started workin with him from 1st October 2007 . Visa was valid from August 2007 to August 2010.
2) Was laid off on 16th November 2007.
3) Found another employer B and he applied for H1B transfer on 21st December 2007 using regular processing.
4) I do not have any pay stup or any kind of information from employer B.
5) I found another employer (C) and he applied for H1B with a receipt date 19th March 2008 using premium processing.
6) Got approval (I797B) on 21st march 2008. Attorney from employer C told me that i need to leave the US and come back and can start working with employer C. I went to Mexico and came back and started working with employer C since 1st April 2008.
7) Got the job with employer D. Employer D filled for H1B transfer. This time i got approval (I797A) with I-94 attached. Started working with employer D since 1st October 2008.
8) I am still employed with employer D. But my visa is going to expire in August 2010. My I-94 (came with I-797A) is valid till October 2011.
9) I want to get a new visa stamp in my passport and hence want to visit New Delhi US embassy.
Will i be having problem on visa stamping because i dont have pay stup from 16th Nov 2007 till 1st April 2008 ( 4 months and 16 days = 136 days)?
Your help is highly appreciative.
Thanks
Confused
i might have posted this query in some other forums too, but could not get much response and hence reposting. Please pardon me if you happen to re-read this.
1) I got my fresh H1B visa stamp from employer A and started workin with him from 1st October 2007 . Visa was valid from August 2007 to August 2010.
2) Was laid off on 16th November 2007.
3) Found another employer B and he applied for H1B transfer on 21st December 2007 using regular processing.
4) I do not have any pay stup or any kind of information from employer B.
5) I found another employer (C) and he applied for H1B with a receipt date 19th March 2008 using premium processing.
6) Got approval (I797B) on 21st march 2008. Attorney from employer C told me that i need to leave the US and come back and can start working with employer C. I went to Mexico and came back and started working with employer C since 1st April 2008.
7) Got the job with employer D. Employer D filled for H1B transfer. This time i got approval (I797A) with I-94 attached. Started working with employer D since 1st October 2008.
8) I am still employed with employer D. But my visa is going to expire in August 2010. My I-94 (came with I-797A) is valid till October 2011.
9) I want to get a new visa stamp in my passport and hence want to visit New Delhi US embassy.
Will i be having problem on visa stamping because i dont have pay stup from 16th Nov 2007 till 1st April 2008 ( 4 months and 16 days = 136 days)?
Your help is highly appreciative.
Thanks
Confused
more...
coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
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Cmartin
03-06 08:05 PM
Hi,
I'm in a strange situation. I just got my green card (I have an L2) yesterday so it is great news. But somehow, today I was checking my EAD since it becomes obsolete and I just realised that I completely forgot to renew it before it expired 2 months ago, early January. So it means that I worked the past 2 months with my expired EAD but got my green card nevertheless.
Do you have any advice as what I should do? Should I check with my HR about the EAD...
Thanks a lot for any help
I'm in a strange situation. I just got my green card (I have an L2) yesterday so it is great news. But somehow, today I was checking my EAD since it becomes obsolete and I just realised that I completely forgot to renew it before it expired 2 months ago, early January. So it means that I worked the past 2 months with my expired EAD but got my green card nevertheless.
Do you have any advice as what I should do? Should I check with my HR about the EAD...
Thanks a lot for any help
more...
meridiani.planum
04-07 12:16 PM
How long will it take to get a green card in this category with a PD in 2008?
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
If you qualify for EB2 then obviously go for EB2 (as its current). If you dont have a masters and have only say 2 years of experience, then instead of wasting 3 years waiting for EB2, start a GC in EB3. Once you get past I-140 the PD becomes yours. Now whenever you jump jobs and file GC again (in EB2 say) you will get the 2008 PD. So even if EB2 retrogresses in the future, you would have saved yourplace in ht equeue.
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
If you qualify for EB2 then obviously go for EB2 (as its current). If you dont have a masters and have only say 2 years of experience, then instead of wasting 3 years waiting for EB2, start a GC in EB3. Once you get past I-140 the PD becomes yours. Now whenever you jump jobs and file GC again (in EB2 say) you will get the 2008 PD. So even if EB2 retrogresses in the future, you would have saved yourplace in ht equeue.
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PavanV
01-16 11:38 AM
Not sure what your intent is ?, this is a immigration site, you have a green card, and you are asking if it is worth to live here anymore ? are you trying to dissuade people from immigrating ?:eek:
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sundarpn
07-22 04:20 PM
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
double sided with Flip to Top option.
Did anyone else do the same?
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GCwaitforever
05-24 09:59 PM
It depends on job duties mentioned in the LCA. For example, you might be a solution architect and this comes with experience. Some roles could be guiding junior folks, interviewing people, reviewing work done by others, project management, vendor management etc ... Essentially you need to prove your 5-year experience is worth and that is what is needed to fill your current role. Prove that this can not filled by a plain BS graduate with no experience or even a guy/girl with MS degree and no experience. DOL might be thinking why not just a BS degree or BS + 5 years = MS degree.
I am not an expert in this. Please discuss with your attorney for better advice.
I am not an expert in this. Please discuss with your attorney for better advice.
more...
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manish756
04-12 03:23 PM
Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
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bijualex29
04-04 12:13 PM
With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?
Is this too much to ask?
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kevnss
04-01 12:36 PM
Any help would be greately appreciated.
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bhatt
05-21 11:31 AM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
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ronnie0479
09-14 11:36 AM
My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
thus you dont have to take a break.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
thus you dont have to take a break.
sledge_hammer
07-01 09:10 AM
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
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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