rollercoaster
03-24 01:04 PM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
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IN2US
03-11 07:53 AM
Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).
just wanted to give an update on my H1-B transfer,
it is approved and I'm still waiting for my renewed passport from SFO.
just wanted to give an update on my H1-B transfer,
it is approved and I'm still waiting for my renewed passport from SFO.
raysaikat
11-18 12:57 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
Yes. They are independent.
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.
H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
Yes. They are independent.
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.
H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?
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Scythe
10-30 08:10 PM
That's amazing. I never met anyone who could bite through the skin of a pineapple.
more...
Venkat_175
03-28 04:59 PM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
askreddy
06-24 10:24 PM
Hi
After changing the address on sunday, there were soft luds for 2 days on all pending 485.
Is this same with all address change.Last time it took 3 weeks to get the letter.
Any experiences?
Thanks
Sree
After changing the address on sunday, there were soft luds for 2 days on all pending 485.
Is this same with all address change.Last time it took 3 weeks to get the letter.
Any experiences?
Thanks
Sree
more...
cheers2all
05-22 01:49 PM
Hi Smrryl,
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
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mrajatish
03-28 09:45 AM
When does a bill come to floor - will any of the bills come to floor today?
more...
amslonewolf
09-23 05:07 PM
A nice article on Consumerist website on how to write to the congress ..
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
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Akia
03-01 12:14 PM
I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.
So I am not able to apply for a new H1B while on H4? Thanks!
So I am not able to apply for a new H1B while on H4? Thanks!
more...
gc_rip
10-12 02:41 PM
Is this movement have any relation to prove or disprove that the FOIA data is correct?
Any analysis on it.
Thanks!
Any analysis on it.
Thanks!
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jonty_11
06-18 04:07 PM
consult attorney for this..I think you do need all the forms for both u and ur wife...dont take this as legal advise please
If you are filing yourself..then look at home page for details on how to file w/o attorney.
If you are filing yourself..then look at home page for details on how to file w/o attorney.
more...
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Michael chertoff
10-23 07:29 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before in 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
100 % right. Have a nice weekend.
MC
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supers789
06-26 05:31 PM
question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?
more...
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AllIzzWell
03-18 10:24 AM
Gurus,
This is an easy one. I am sorry but i am blank on this.
Can you please let me know how do i get a soft copy of the passport size photograph? I used to get the hard copy from Sam's but now we need to softcopy to upload for visa purposes (D160).
Thank you for any direction.
This is an easy one. I am sorry but i am blank on this.
Can you please let me know how do i get a soft copy of the passport size photograph? I used to get the hard copy from Sam's but now we need to softcopy to upload for visa purposes (D160).
Thank you for any direction.
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supers789
05-22 04:34 PM
Hi,
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
more...
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r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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ns521
12-22 09:32 AM
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
Thanks
I may be wrong.Please consult an attorney if needed.
Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
Thanks
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Green Card Aspirant
05-01 12:05 AM
Congrats and enjoy your freedom of mobility
st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
freddyCR
February 2nd, 2005, 03:10 PM
Detail of the 1-yd-across leaf, from the plant known as "Poor man's Umbrella" (Lat.: Gunneria Insigna)
http://img.photobucket.com/albums/v629/alcorjr2/poormansMedium.jpg
http://img.photobucket.com/albums/v629/alcorjr2/poormansMedium.jpg
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