vaishu.naidu
04-02 10:18 AM
I and my wife are on EAD here and my wife had to go to India urgently on an Advance Parole that was expired last month. Can I apply for the AP renewal for her while she is in India, so that she can come back without any problems? Please let me know what options do I have. I am hoping that she would not be out of status or staying illegally here. Any answers would be very much appreciated. Thanks all.
Please tell me what options I have with me now.
Please tell me what options I have with me now.
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
fcres
06-29 10:58 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
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njgcmar03
02-21 03:35 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
more...
Karthikthiru
06-19 03:19 PM
Hi,
I am also in the same scenario. Filing I-140 and I-485 concurrently. My company's immigration attorney said that while filing for I-140 and I-485 concurrently, we can have the I-140 done in premium processing. And that is how they are filing for me now
Karthik
I am also in the same scenario. Filing I-140 and I-485 concurrently. My company's immigration attorney said that while filing for I-140 and I-485 concurrently, we can have the I-140 done in premium processing. And that is how they are filing for me now
Karthik
Steve Mitchell
June 20th, 2004, 10:26 AM
I think the point of focus in the shot of the guy in the boxing stance needs to be his face. Plus, his knuckles seem slightly blown out. In the shot of the guy kneeling, again the focal point seems a bit misplaced. It looks like it is on the inside of his left thigh, and I think I would want it to be his face. shollow DOF portraits can be really tricky.
I need to hand in three photos for my final this week.
These are them. Let me have it. :)
I need to hand in three photos for my final this week.
These are them. Let me have it. :)
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gc28262
03-09 06:14 PM
Gurus,
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
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reachinus
07-18 01:02 PM
I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.
BTW, When did your 485 application/package reach USCIS? June or July 2007
Yes. You can get the numbers for the cancelled checks as well.
BTW, When did your 485 application/package reach USCIS? June or July 2007
Yes. You can get the numbers for the cancelled checks as well.
more...
Jiruharudo
04-19 02:12 AM
..Since when does bacon have a gender?? o_o;;;
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akizdetz
08-10 07:30 PM
Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.
No, it's the first one. I really hope I-140 is approved :-)
No, it's the first one. I really hope I-140 is approved :-)
more...
aksvk
09-23 07:45 PM
Thank you so much for the information!
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haroontabrez
04-09 02:49 PM
Mine too is LC substitution case.
EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
Last LUD: 05/21/2007
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
Last LUD: 05/21/2007
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
more...
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OTTO
05-13 02:46 PM
Hi, I was hired 6 months ago as an Electrical Engineer and I am now preparing to apply for GC thru company Sponsorship. I have MS + 2 years and the position requires BS+7.
1. Am I qualified for EB2?
2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)
Thanks
Baris
1. Am I qualified for EB2?
2. Which level do I fall under? Do you think the figures at the link below more or less right for privailing wage?
FLCDataCenter.com (http://www.flcdatacenter.com/OesQuickResults.aspx?code=17-2071&area=12100&year=11&source=1)
Thanks
Baris
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VivekAhuja
09-11 05:20 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
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crazyghoda
06-24 04:33 PM
Shaheed crazyghoda. Not sure I like the sound of that.
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
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shishirv
07-10 12:27 PM
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
more...
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Madan Ahluwalia
02-23 03:05 PM
H1b extension can be filed only 6 months before so it will be April 10.
Going to consulate 3 months before the visa date - you will not be entertained.
My suggestion is file for H1b after coming back from India.
Going to consulate 3 months before the visa date - you will not be entertained.
My suggestion is file for H1b after coming back from India.
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arihant
03-26 07:10 AM
Anyone interested in meeting lawmakers in Houston area email me at meetthelawmakers@yahoo.com. Also , do mail your phone number so, that we can arrange this asap!
Please check your PM.
Please check your PM.
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buehler
12-13 06:06 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
vsuri
11-16 08:14 PM
Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
maverick_joe
05-07 01:13 PM
you should be able to find it from your labor
Hi
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