pnara2
02-27 01:13 PM
I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
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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.
aksaharan
06-25 03:23 PM
DHS | CIS Ombudsman Updates (http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#8)
2011 Emma Watson (UK TABLOID
neoneo
04-14 02:10 AM
One more day gone. A few more to go. Really what more can you do ? You can't do beyond a point. The best suggestion would be to get more PEOPLE knowledgeable about this issue.
The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.
Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.
MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.
The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.
Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.
MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.
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gcsucks
05-02 08:18 AM
nozerd, Thanks for your reply.
Regarding this point
>> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !
So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?
Do you know of someone who has done something like this ?
Regarding this point
>> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !
So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?
Do you know of someone who has done something like this ?
guyinus
08-30 05:36 PM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
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ameryki
06-18 04:08 PM
Hi,
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.
2010 Ron Weasley, Emma, Daniel,
IV2007
07-19 02:53 PM
Anybody out there recieved reciepts for filing I-485 on July 2nd '07 from NSC ?
-shree
-shree
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ps57002
09-25 05:54 AM
Please join us everyone in tri state area. as said, it's "no obligation". you have nothing to loose. See what it's all about...
http://groups.yahoo.com/group/immigrationvoiceny/
http://groups.yahoo.com/group/immigrationvoiceny/
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wandmaker
02-25 04:08 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
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MONCYS
03-28 07:05 PM
I think your employer should cooperate with you by not withdrawing your I-140.
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
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jijiewang
02-08 09:10 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
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raj2007
02-17 11:23 PM
But what about extension based on appeal
You can file extension based on labor. are you in eb2 0r eb3?
You can file extension based on labor. are you in eb2 0r eb3?
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shana04
02-23 04:23 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
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kanshul
12-18 10:02 AM
I am sure it is not enforcable...
Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.
Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.
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perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
more...
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Deepadandamudi
01-28 10:21 PM
Since 7 years I was working on EAD and now I am thinking to convert into H1B , since I am planning to get separated from spouse.(my GC process is dependent on my spouse).
I was not on H1B before.
Q1: Once I get my H1B, will my EAD gets revoked or can I maintain both H1B as well as EAD?
Q2: If I get divorced, will by EAD status becomes invalid from the day1 after divorce?
I was not on H1B before.
Q1: Once I get my H1B, will my EAD gets revoked or can I maintain both H1B as well as EAD?
Q2: If I get divorced, will by EAD status becomes invalid from the day1 after divorce?
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samrat_bhargava_vihari
06-19 09:05 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
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jelo
02-10 10:50 AM
Employer shared the copy of the labor filed and the answer to the question was NO. Please share your knowledge on what could have triggered the NOIR and what can be done
LondonTown
05-21 01:04 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
karan2004m
06-30 03:06 PM
what amount lawyer is asking?
Hi,
I am trying to renew my EAD/AP myself and wanted to check if I will be getting the EAD card and AP documents by mail to my address.
I am avoiding the lawyer, as he's charging unreasonable amount.
Question:
When self-filing, would I be getting the EAD/AP documents at my home address???
Thanks.
Hi,
I am trying to renew my EAD/AP myself and wanted to check if I will be getting the EAD card and AP documents by mail to my address.
I am avoiding the lawyer, as he's charging unreasonable amount.
Question:
When self-filing, would I be getting the EAD/AP documents at my home address???
Thanks.
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