manderson
11-05 02:25 PM
i know. but psychologically it's soo hard. and counting towards the 180 days makes it even harder
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
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nat23
10-29 02:57 PM
I would wait to see the text of the Bill before coming to any conclusion.
sorcerer666
10-17 06:42 AM
Thanks for the input
New York Real Estate License FAQs from New York real estate school online. (http://new-york.realestateschoolonline.com/FAQ.aspx)
so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.
New York Real Estate License FAQs from New York real estate school online. (http://new-york.realestateschoolonline.com/FAQ.aspx)
so from this link and answer to question number 4, I take you can't even get a license to be a real estate agent in the state of NY, let alone someone sponsor your greencard. Sorry to be so brutal, but with a Master's degree I bet u can get a much better job than a real estate agent. Just my 2 cents.
2011 Model: Used Toyota Tacoma for
morchu
05-04 12:21 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
more...
bo12b
11-26 03:46 PM
Bumping this one more time. I am sure some of you have explored this possibility. Please respond.
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
rb_248
05-11 08:43 AM
Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India
When I was on EAD, I called my status as "ADJUSTEE". That is not a valid status either. If you are applying for a brokerage account, you may call them to find out. But, they may ask you to fill other foreign national forms and all. I had the same problem when I was trying to open a brokerage account with TD. So, I went with Zecco.
When I was on EAD, I called my status as "ADJUSTEE". That is not a valid status either. If you are applying for a brokerage account, you may call them to find out. But, they may ask you to fill other foreign national forms and all. I had the same problem when I was trying to open a brokerage account with TD. So, I went with Zecco.
more...
ragz4u
04-10 05:04 PM
Thanks
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new2gc
04-21 12:10 PM
Contributed a small amount for this cause....
more...
vensun
05-19 04:27 PM
I know it is basic question, but after reading the thread just got dought.
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
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ajaykk
01-06 09:56 PM
Hi,
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
more...
desi3933
05-10 06:12 PM
Does anyone know what is the official term for your legal status if you are on EAD and no longer on H-1? .......
....
Thanks for you help.
Assuming that you have I-485 application pending, the status is applicant to adjust status.
If you have EAD due to L2 visa status, then your status is, of course, L2 status.
_________________
Not a legal advice.
....
Thanks for you help.
Assuming that you have I-485 application pending, the status is applicant to adjust status.
If you have EAD due to L2 visa status, then your status is, of course, L2 status.
_________________
Not a legal advice.
hot Model: Used Toyota Tacoma for
thokar
08-19 12:03 AM
I think depends on how many ears old your priority date is? I mean if your priority date is letz say 5 years old and today you are joining / getting promote to manager then yes you can. Every one know as time goes any skilled person will get promote or get into higher level...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
more...
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bekugc
06-20 05:57 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
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insbaby
07-23 05:26 PM
*** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***
more...
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amitjoey
10-26 01:33 PM
The only people that know what we are going through and how much we have had to suffer becos of this backlog is us (the same people). Unless we open our mouth outside the IV Forum, talk to our congressmen/women, how can we expect relief?
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tapukakababa
07-13 10:17 AM
Done
more...
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dexter
12-16 02:45 PM
Hi Charles,
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
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Kumbakonam
11-09 09:11 PM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
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kewlchap
08-21 03:13 PM
The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.
thesparky007
05-16 10:34 PM
here is a new one
bklog_sufferer
10-18 03:09 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
