Quirky Quantum
10-27 09:25 PM
Did anyone else try converting this to plaintext before realizing it was random?
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immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
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dinakar
04-07 01:57 PM
All,
Any successful H1 transfers these days, pls post your experience. All that required for a transfer was latest 3 payslips and I797. Is it still the same or have things changed these days ? Can someone pls share your experience.
Any successful H1 transfers these days, pls post your experience. All that required for a transfer was latest 3 payslips and I797. Is it still the same or have things changed these days ? Can someone pls share your experience.
more...
tiinap
03-24 01:40 PM
"Is it usual for big employers to already have H1 visas to sponser you on".. All I know is that employers cannot have blank visas for hiring whom they want. They have to file a new application for a specific employee, so they have to start from scratch.
If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.
If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.
frostrated
06-18 02:38 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
more...
skdskd
08-26 11:56 AM
Hi
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
We have applied for I -485 last month.I am the primary applicant and my spouse is add on.Bothe of us are on H1B and it is valid till end of 2008.
I have applied for EAD and advance parole for my spouse only.We have not yet received the receipt numbers .I was wondering if we want to travel outside the country do we need to wait untill we get any of the above or if we have a valid H1B can we travel outside the country.
Thank you very much for your help.
I have same Question ??
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RDB
07-06 12:13 PM
EAD renewal usually takes 60-90 days.....however, you can look for the approx. timelines on https://egov.uscis.gov/cris/jsps/ptimes.jsp and look for the processing times for your service center.
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
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karthiknv143
04-23 07:08 PM
I was laid off by my employer( Big staffing company) and i am in the 2 weeks notice period . I am looking for any company( desi one - reasonable) who can sponsor my H1B and also start the GC process immediately .They should be able to work with most of the vendor ( corp-corp)
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
can u PM me ?
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
can u PM me ?
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kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
more...
bhagat69
04-23 12:24 PM
My employer is refusing to give me EB3 I-140 copy so I am stuck. Can I not port from EB3 with old employer to EB2 with new employer without copy of EB3 I-140 COPY.. It is a huge firm and they say it's against company policy to give me even a photocopy of the document, please advise.
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
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cnachu2
11-14 03:35 PM
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
more...
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martinvisalaw
09-29 11:42 AM
If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.
She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.
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xgr3
05-21 11:06 PM
My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Previous LUD 03/31/2009 after completing FP in March 2009 with this message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
Any clue, whats going on ?
Thanks
---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
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khyati
03-21 04:51 PM
I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
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senthil1
05-20 01:42 PM
It is true that immigration is not at all reason for unemployment. When unemployment increases that will decrease immigration to some extent. We could see that in h1b numbers and also illegal immigration. But future immigration will depend on how fast jobs are created when recovery starts.
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
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RNGC
08-22 11:23 AM
Many of us are getting 2 year EADs. Great job IV.
Why AP is not issued for 2 years ? Have any one got 2 year AP ?
Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?
The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.
Can IV please help on this issue ?
Thanks.
Why AP is not issued for 2 years ? Have any one got 2 year AP ?
Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?
The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.
Can IV please help on this issue ?
Thanks.
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prince_waiting
09-11 12:58 PM
Given the general apathy and hatred towards the term 'H1B' most anti immigrant groups after the rally are likely to come up with headlines/captions for their stories such as 'H1B Temporary workers rally in Washington' and so on. During the flower campaign I happened to come across such a headline on steireport.com, 'H1B workers in flowery protest' or something on similar lines. These anti immigrant groups deliberately downplay the term 'High Skilled Immigrants'.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
Since most of us have filed for AOS under the revised August visa bulletin we are termed as Adjustees. As we all know adjustees can stay in this country without a visa under the protection of the Attorney General of the United States. Also we are aware of that adjustees are given EAD to work and AP to travel in and out of the country which are special rights till their case is decided. I think we should highlight this point if we come up across forums/interviews which use the 'H1B workers' stick to beat down our rights as 'Adjustees under the protection of the Attorney General of the US'.
Just a thought I wanted to share it with this community. If not found relevant to the cause please feel free to delete this post.
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Counterproductive
10-30 12:36 PM
Otherwise its pretty good but I don't know what its for exactly so im going
assume its some sort of comunity thing. The silhouette of people seems to be pretty trendy right now (ipod, coke, etc). Without knowing what its for thats really all I can say.
assume its some sort of comunity thing. The silhouette of people seems to be pretty trendy right now (ipod, coke, etc). Without knowing what its for thats really all I can say.
desi3933
06-29 11:51 AM
yes u can. however make sure, u r maintaining ur H1 B job. Share investment is considered as a passive investment
Day Trading is NOT share investment. Active Day Tradering is considered as Business from tax point of view. Please contact your CPA for details on day trading and traders status.
_________________
Not a legal advice.
Day Trading is NOT share investment. Active Day Tradering is considered as Business from tax point of view. Please contact your CPA for details on day trading and traders status.
_________________
Not a legal advice.
ram_nara303
03-08 10:30 AM
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.
My 2 cents.
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