GCWhru
03-26 02:10 PM
Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
My lawyer informed this. They instructed me not to travel while extension is pending. In case you have to travel, they suggest to do the extension after return back. I don't have any source for this information.
But it makes sense isn't it. Your extension is the extension of your last I94, however if you travelled after application, your extension have different i94 number and your recent i94 has different number. Just my opinion.
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ArkBird
03-19 01:48 PM
Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!
phillyag
01-22 10:16 PM
DO we guys have a plan, a project ?
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
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vrbest
02-12 03:50 PM
Hi I am on the same status. My lawyer said I dont need to worry. She said I am still on H1 as the extension is applied and is pending.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
more...
andhrawala
02-12 09:56 AM
Mine also moved from NSC to TSC in July 2009. I applied I-485 from CA and moved to OH in 2008. But still OH and CA falls under NSC.
The reason for the transfer might be my I-140 was filed in TSC.
The reason for the transfer might be my I-140 was filed in TSC.
Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
more...
tabletpc
08-24 03:05 PM
"Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?"...
Won't be surprised though..!!!. Y don't they just swap the available visa dates of EB1 and Eb3...????
Won't be surprised though..!!!. Y don't they just swap the available visa dates of EB1 and Eb3...????
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anilsal
01-20 01:59 PM
everyone is excited about the new look. But not fun to see so many threads on the same. Maybe we can use one thread. :)
It is a free country. You can do as you wish. ;)
It is a free country. You can do as you wish. ;)
more...
joshNJ
06-29 12:06 PM
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
thanks
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dpp
08-18 12:09 PM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
more...
asanghi
07-17 06:44 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.
In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.
In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?
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mkyaj
03-24 12:19 PM
My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.
I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.
She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?
How does it work? Did anyone went through similar scenario?
Please advice.
Thanks.
I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.
She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?
How does it work? Did anyone went through similar scenario?
Please advice.
Thanks.
more...
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lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
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chanduv23
09-15 08:40 PM
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
more...
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gc28262
11-05 04:45 PM
If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
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lermitthefrog
06-06 05:22 PM
I'm the team leader's assistance of the TGG team. So far we haven't made any profits so it's free but it's a lot of fun. Maybe you'll get paided someday but it's not guranteed. We would like a web site designer. We have a website but it isn't all that good. If interested email me at DiaboloMike90@yahoo.com , go to these 2 sites http://s7.invisionfree.com/TGG_Team_Forum/ or http://gamesguy.bravehost.com/Team.htm
more...
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pa_arora
07-17 12:32 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.
- From Greg Siskind blog
- From Greg Siskind blog
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swarnapuri
06-05 03:52 PM
laborfd/svdcpa,
People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.
http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15
Thanks!
People at the following forum are tracking the approvals on an Excel sheet with comprehensive graphs and metrics. Also, Please post your details in the forum for the benefit of the community.
http://www.immigrationportal.com/showthread.php?t=161571&page=227&pp=15
Thanks!
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mailsunnydeol
08-05 01:07 PM
Did you had to go for an interview or another fingerprinting before you got the welcome email ?
Neither an interview nor fingerprinting.
Neither an interview nor fingerprinting.
billu
08-23 08:47 PM
H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:
she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)
she can earn on-campus (20hrs/week) and can have a SSN
after graduation, she will get OPT which will allow her to work immediately after graduation
Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)
you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)
Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!
she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)
she can earn on-campus (20hrs/week) and can have a SSN
after graduation, she will get OPT which will allow her to work immediately after graduation
Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)
you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)
Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!
pappu
09-18 05:23 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
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