cool_guy_onnet1
06-01 01:51 PM
unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...
Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
wallpaper AP. Pakistani families bury
GotGC??
01-02 03:15 PM
Please see in-line:
Hi everyone,
I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )
I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:
1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?
You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!
3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?
See above.
This is purely from my personal experience; not sure how well it applies to your specific situation. Please check with an attorney for your specific situation.
I would greatly appreciate if you can respond to my questions.
Thank you very much in advance.
Hi everyone,
I am currently on a H4 Visa. The H4 visa on my passport expires on 20 June 2007. My husband recently got a 3 year extension on his H1 ( I 140 approved) and because of him, my H4 is also extended for 3 years (valid from 10/23/2006 to 08/07/2009 )
I intend to travel abroad in february 2007 to be back in the US by march 2007.
I have a few questions in this regard:
1. Can I travel on my current H4 visa which expires on 06/20/2007 or should I get a new H4 visa stamped with my 3 year extension before I travel?
You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
2. If I travel on my current H4 visa , is there even a remote possibility of being stopped at Immigration because of my new extension?
Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!
3. Also if I decide to travel on my current H4 visa, since I only have 4-5 months left before it expires, will US immigration pose any problems when I re-enter in US?
See above.
This is purely from my personal experience; not sure how well it applies to your specific situation. Please check with an attorney for your specific situation.
I would greatly appreciate if you can respond to my questions.
Thank you very much in advance.
nousername
04-07 01:56 PM
gcformeornot: In your previous post you stated that "substitution is no longer valid".. I apologize as I am not very good with law jargon and definitions and no clue since when substitution was kicked out of the immigration law book.
Additional details will be greatly appreciated.
Thanks.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
Additional details will be greatly appreciated.
Thanks.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
2011 Solar Eclipse, 1st July 2011
wandmaker
01-02 02:30 AM
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
more...
JulyFiler
10-08 06:15 PM
FWIK, EAD is just a work permit. It does not give you any status. So you have your H4 to keep your status and EAD to work.
johnamit
07-17 02:55 PM
opening new threads like this is annoying, I see lots of useless thread around here which discourages me to come to IV that often. He is asking update from CORE like they owe him, he must have paid his attorney and should attorney in such way not here. Whenever core has something to share they do share, no doubts.
more...
hebbar77
09-04 03:06 PM
how about including people who will be dying to the prayer list? Please dont include common people. Please bring your checkbooks for prayer meeting. After prayers you will get option to donate to charity.
2010 05 Jan 2011 at 12:05:24
Green.Tech
08-06 09:50 AM
Any other thoughts?
more...
desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
hair A partial solar. eclipse will
galacticman
03-05 06:29 PM
Coopheal, what was the filing date for your 485? I take that it went to NSC? I'm a mid July '07 filer and am hoping for LUD's since processing times are current for that month. Offcourse it would be preadjudication like yours since my PD is so far from being current. Luckily my 140 was approved last year prior to 485.
more...
siddar
12-03 05:51 PM
Candidate should be physically present in USA, on the date of AP approval. Otherwise, that AP is not valid. When the candidate try to enter US, the IO will verify this information and may permit accordingly.
I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.
I'm a layman like you, please consult an attorney.
I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.
I'm a layman like you, please consult an attorney.
hot eclipse of 2010: A Sun with a
fide_champ
08-04 05:41 PM
Please see my answers inside:
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
more...
house eclipse will be visible from
anandrajesh
05-04 01:59 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
tattoo Partial Eclipse of the Sun:
jonty_11
01-31 01:49 PM
I think we need to help ourselves, please contribute to IV and help yourselves.
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pictures The eclipse was at 13 degrees
chinna2003
03-12 01:14 AM
but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.
Who do i complain to in this case?
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
Who do i complain to in this case?
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
dresses Solar Eclipse USA
go_guy123
04-19 12:08 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
more...
makeup Solar eclipse in Karachi
Alabaman
07-14 08:26 AM
Not trying to sound pessimistic� but I am tired of hearing about the so called SKIL bill without any sort of timeline attached to it. For all I care it seems to me that it might just lay dormant in the house for one, two or even five years without any consideration. Any one with more info should please throw more light.
girlfriend solar eclipse of 2011
snathan
02-10 11:50 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
It will come only for I-140. You will get the approval in Perm.
It will come only for I-140. You will get the approval in Perm.
hairstyles Lunar Eclipse 2011 June
gkaplan
04-22 01:27 PM
I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
aadimanav
02-07 11:36 AM
Hello Friends,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
chanduv23
06-12 09:32 AM
I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
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