GCmuddu_H1BVaddu
06-27 07:41 AM
One will get a H1-B without I-94 if the person is outside of USA.
so basically you need to go for stamping to the local consulate for the visa.
For your second question - no you don't have to be present in the US to file for the extension .
so basically you need to go for stamping to the local consulate for the visa.
For your second question - no you don't have to be present in the US to file for the extension .
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inr
08-05 02:42 PM
Why you take lawyer's help for this simple thing. ?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?
sameer2730
09-30 09:06 PM
Do not submit your I-94 at the canadian border. Just say you intend to come back within 30 days. If you go by road no one will ask you for it either. On the way back show all you documents.
One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.
One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.
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dealsnet
12-01 03:30 PM
Check recent visa bulletin. Now a days, bringing spouse by Citizen and GC holders are of not much difference. Go to India and do the marriage, and come back and file I-130. December bulletin calling for August 2010 filers. Forget about H1B and F1.
Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;
INDIA
08-01-10
Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;
INDIA
08-01-10
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ach1lles
06-22 04:58 PM
Hi,
I have been working for company X on an H1-B.
* They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.
* My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).
* In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.
* Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer.
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
Could somebody advise me if this is really true?
-- Vikram
I have been working for company X on an H1-B.
* They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.
* My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).
* In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.
* Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer.
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
Could somebody advise me if this is really true?
-- Vikram
drak70
04-14 11:12 AM
Thats because ASC are technically contractors to USCIS
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svr_76
01-09 05:55 PM
Chelsea Clinton. (YES its not a typo, you are reading it right).
Because thats about the time it would take to get the voting right [i.e. Citizenship] :-)
Because thats about the time it would take to get the voting right [i.e. Citizenship] :-)
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augustus
07-08 12:23 PM
Dear Friends,
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
more...
rvr_jcop
03-13 03:37 PM
I got soft LUD on my and my wife 485 on 02/10/2009
I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
Does any one else got soft LUD around this date ?
We got it on the same exact date. No RFE, just soft LUD. I was hoping they probably processing our cases. But if its just a BATCH update, its a bummer.
However, I am surprised you called the USCIS and they entertained your call. They must be in good mood that time.
I called USCIS they said , it is an batch update - no information they can provide. I am not sure what it means.
Does any one else got soft LUD around this date ?
We got it on the same exact date. No RFE, just soft LUD. I was hoping they probably processing our cases. But if its just a BATCH update, its a bummer.
However, I am surprised you called the USCIS and they entertained your call. They must be in good mood that time.
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westh1b
04-11 10:23 PM
My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
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ras
03-01 10:16 AM
A friend of mine has asked me to join in starting an IT training business in a densely populated Indian business area (California). The thought process is that there may be many people who have been laid off and may be wanting to learn new technologies. There are no gotchas of luring students for H1/GC etc. The primary reason is that we are experts in Microsoft technologies and we just want to impart training in this domain. However, in these hard economic times few friends have asked us to rethink about this proposition. There are 1 or 2 training institutes around, but we feel we have edge over others in few ways. And we are not eying for a big market share.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
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LostInGCProcess
10-26 08:22 PM
Its a shame that they still promote the 50,000 GC visas for the so called "diversity" program. And yet don't care about the 100's of thousands folks who are legally here and aspiring to assimilate with the American society and paying huge taxes (H1's do pa more taxes then citizens).
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desi3933
06-10 12:45 PM
Hi,
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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vdlrao
01-03 11:38 PM
This is Krishna doing Master's Tennessee State University as a full time student. My I-20 got expired on 12-17-08 but I noticed on 01-02-09. My International advisor told me that I am out of status and I need to apply for reinstatement to USCIS and I am not eligible to work. The process takes 60-120 days. My questions are
1) Do they approve this kind of applications?
2) I will get a case number after applying USCIS. Am I eligible to work (I am working as a Graduate Teaching Assistant) once I get the case number? Or Do I need to wait until the case resolved?
The mistake was done because I was planning to graduate in December and I filled the intend to graduate form too. But it got delayed as I didn't have enough data and I was busy in working on my thesis and research in November and December.
Please help me with this issue.
Thank you
---------------
Please suggest what he needs to do.
Thanks,
Vdlrao
1) Do they approve this kind of applications?
2) I will get a case number after applying USCIS. Am I eligible to work (I am working as a Graduate Teaching Assistant) once I get the case number? Or Do I need to wait until the case resolved?
The mistake was done because I was planning to graduate in December and I filled the intend to graduate form too. But it got delayed as I didn't have enough data and I was busy in working on my thesis and research in November and December.
Please help me with this issue.
Thank you
---------------
Please suggest what he needs to do.
Thanks,
Vdlrao
more...
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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
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Blog Feeds
01-20 08:10 AM
I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
more...
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mpadapa
09-25 09:52 AM
I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..
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lc1978
08-17 08:23 PM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
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Dhundhun
07-21 09:32 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
Widget
09-21 05:57 PM
I meant ven if your case is approved.
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
frostrated
06-21 01:48 PM
Thank you frostrated for your reply!
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.
I have valid H-1 visa to re-enter US. My visa is valid till Dec 2011. I already got that stamped when i went to india last year.
So I shouldn't run into any problems at the port of entry, even if my AP gets approved while I am out of the country, right? Thanks so much for taking time to answer.
yeah, you should have no problems. Take a copy of your I-485 papers with you too. But do not show unless they ask. You will exit and re-enter in H1 status.
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