bayarea07
02-04 04:30 PM
Hello,
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).
However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.
fyi.. my H1 was extended by 3 more years because of pending I-485 Application
Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.
I have a H1B from my previous employer and my H1B Visa (not I-94) is valid untill 6th September 2011,However I moved on to a different employer in August 2010 and through them i filed a H1B Transfer and Extension (application was approved in January 2011).
However i have to make a emergency visit to India (New Delhi) this month, so do i need to re-stamp my visa again for the new employer or can i re-enter US based on my old h1 visa and at the Port of Entry show my new H1 docs.
Is that a valid thing to do or do i need to re-stamp my visa.
fyi.. my H1 was extended by 3 more years because of pending I-485 Application
Few More Details to Add Here -
I will be travelling to India on 15th February and Returning Back to USA on 20th March 2011 and my Old H1 Visa Stamp is Valid untill 6th September 2011.
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lj_rr
07-17 09:26 PM
So how abt I-765 and I-131 forms which will be submitted with 485.
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
If I submit on August 5th, do I need to pay old fees or new fees for the I-765 and I-131 .
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
kumar100.gundra
05-12 03:53 PM
I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
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waitnwatch
10-04 01:44 PM
Just curious. Do you know of any reason why he might make way for someone else?
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
more...
adcking
07-23 02:12 PM
Hi,
My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.
Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).
So now we have the following situation.
1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
2. We now have three different priority dates
Feb 14th 2005 � my original EB2 application
Nov 2006 � my EB2 re-application
June 2003 � my wife�s original EB3 application
Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.
We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.
My questions are
1. How do I find out what priority date are they using?
2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.
ADCKING
My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.
Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).
So now we have the following situation.
1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
2. We now have three different priority dates
Feb 14th 2005 � my original EB2 application
Nov 2006 � my EB2 re-application
June 2003 � my wife�s original EB3 application
Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.
We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.
My questions are
1. How do I find out what priority date are they using?
2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.
ADCKING
satishbsk
06-27 01:22 PM
I gave documnets to attory with my recent H1 receipt notice to file 485, I will update if there is any news from my attorny
_______________________________________
contributed $260 so far
_______________________________________
contributed $260 so far
more...
p7810456
06-18 08:10 AM
I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
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rajasush7174
10-13 04:26 PM
hi..i too would like to join in.. i stay in souderton, pa.. please let me know the details.. thanks a ton..
more...
sath2000
07-17 04:46 PM
Hi,
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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same_old_guy
07-09 07:42 PM
Both
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
http://www.aila.org/
and
http://www.murthy.com/
confirm that AILF needs more Plaintiffs !
more...
meridiani.planum
07-07 11:43 PM
I'm from Bangldesh
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
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IneedAllGreen
03-02 08:31 AM
Yes for H1B you are entitled to get Return ticket back to your home country if you are being laid off or fired. Last year my earlier employer offer me return ticket to home contry. They specified that we are offering as per the clause or law of H1B visa. Offcourse I didnt accept it but you cant get money for not accepting this return ticket offer.
Hope this help
INeedAllGreen
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
Hope this help
INeedAllGreen
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
more...
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helmet
10-25 07:42 PM
Keep on calling SSN office and ask the status. After 1month ask them to expedite the request. It may take morethan 6months also as the systems are not in sync and ssn has to get confirmation from uscis.
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yagw
06-13 12:45 AM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
more...
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abcd_1234
05-30 09:23 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
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raysaikat
12-05 06:02 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
more...
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sbmallik
06-26 08:31 AM
Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.
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hourglass
03-02 02:23 PM
I organized a Conf Call for SoCal members last friday, but only Pappu (Admin/Moderator) turned-up. It was disappointing to see that few people care to participate. I did get couple of messages from folks who could not make it. I appreciate their response.
Socal members,
Can we do that on some weekend..
Socal members,
Can we do that on some weekend..
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ak_2006
08-11 01:10 PM
My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.
ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
ShilpaT
11-20 02:47 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
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