snathan
03-23 08:04 PM
Hello,
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.
My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.
Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?
Thank you,
Team
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
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overseas
08-23 07:14 PM
Hi Andhrawala,
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
I'm not at all surprised if USCIS call center people give conflicting information. When I called they asked me to file in Texas but gave me wrong P.O. Box number and wrong zip code.
In the EAD/AP filing instructions form in the USCIS website, it is clearly mentioned that we have to file EAD/AP as per the state we live in and not as per where our I-485 is present.
As my lawyer also told the same thing, I went ahead and sent my application to Texas service center. (I wasted 2 weeks in this dilemma though!) I'm kind of hoping that if I get a query or something later, I can say that I followed instructions at USCIS website.
I would say get in touch with your companies lawyer one time. Also call USCIS service center one more time and see what they will say this time. :-)
akela
03-11 11:32 AM
Thanks buddy. That was the answer I was looking for.
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ravi98
04-23 08:21 AM
Pelosi reconfirms taking on immigration, but the Senate has to start it. She went on to say, the House passed climate and energy legislation last year, but it has not acted on immigration reform.
�If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�
Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)
Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�
�If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�
Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)
Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�
more...
rahul2699
05-13 09:33 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
nomi
04-19 04:37 PM
My PD is now current and i will be filing in May !
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.
more...
BharatPremi
12-05 04:46 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
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parimmigv
10-07 10:49 PM
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
more...
ars01
06-07 02:18 PM
I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.
here are my questions, I need help on...
1. If I file EAD now, where should I file?? TSC or NSC?
2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??
who wants to be mess with NSC :)
Thanks,
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.
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copsmart
02-15 01:05 PM
Come on, Man�
Why are you so worried even before knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
Why are you so worried even before knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
more...
vina92
12-11 08:44 PM
I am in MN and would like to join in.
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JunRN
08-09 02:57 PM
My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
more...
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va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
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GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
more...
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readblack
10-25 01:57 PM
Hi,
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?
Thanks in advance.
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?
Thanks in advance.
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jaxrad
02-14 12:27 PM
Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.
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roseball
04-25 02:29 PM
Yes, PR visa is not extendable....Also, you dont have to apply for any PR card when you go to Canada. When you enter Canada, you will automatically be a PR starting that day and the PR will be mailed to the Canadian address you provide at the airport....Its your choice to apply for a SIN card (US equivalent of SSN card)...For this you will have to go to the nearest office to do so. Usually the landing procedure takes 2 to 3 hrs...You can return the same day...PR card is issued for 5 yrs from the date of your landing and you can stay 3 yrs out of Canada...To maintain PR status, you will have to be physically present in Canada for atleast 2 yrs..Hope it works out for you.....
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piyu7444
09-15 11:56 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !
Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......
I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.
I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........
Ensure that w-2 has the correct numbers else it can be trouble.
Consult a lawyer as all the above is my experience and limited knowledge.......
Hope it helps!!
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
For point # 3 you can always tell USCIS that she joined the company in Nov 2007. It is not required to join the co. on Oct 1 although one gets converted to h1b from h4 when you change status in US. There is something like late joining also hence no pay !
Obviously the employer should have paid her but if she is working thru a desi firm I would understand what would be the case......
I do not think this will impact your 485 as long as you have pay chqs. coming for her in continuation thereafter and w-2 for 2008 meets the Amount on h1b LCA. USCIS will generally look for w-2 and might ask for recent pay stubs.
I have been interviewed for 485 (random pick) and they did not care to look at my pay stub even when I asked them to.........
Ensure that w-2 has the correct numbers else it can be trouble.
Consult a lawyer as all the above is my experience and limited knowledge.......
Hope it helps!!
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jfortune
06-06 09:42 AM
http://today.reuters.com/business/newsarticle.aspx?type=ousiv&storyID=2006-06-06T122720Z_01_DEL311603_RTRIDST_0_BUSINESSPRO-INDIA-IBM-DC.XML&pageNumber=0&imageid=&cap=&sz=13&WTModLoc=BizArt-C1-ArticlePage2
Could this be a support? If US does not retain techies, US employer goes overseas.
From the article:
IBM's business in India grew 61 percent in the first quarter compared to a year earlier, the firm's highest growth rate among emerging economies. India's $15-billion domestic market for services and hardware is expanding at about 25 percent a year.
This, coupled with a global reputation for developing software cheaply, encouraged IBM to hire 15,500 staff in India last year even as it shed roughly 10,000 in Europe.
Could this be a support? If US does not retain techies, US employer goes overseas.
From the article:
IBM's business in India grew 61 percent in the first quarter compared to a year earlier, the firm's highest growth rate among emerging economies. India's $15-billion domestic market for services and hardware is expanding at about 25 percent a year.
This, coupled with a global reputation for developing software cheaply, encouraged IBM to hire 15,500 staff in India last year even as it shed roughly 10,000 in Europe.
msp1976
12-22 12:59 PM
It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....
sudiptasarkar
07-29 05:23 PM
Hi,
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
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