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PD_Dec2002
03-07 12:42 AM
Hi,
Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?
Thanks.
I don't know if the following information is applicable if the GC is denied.
Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.
Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.
Regards,
Jayant
Have a question on EAD/H1b. I am joining a new company using AC21 and EAD. Lets say after few months if INS denies my GC application then will I be able to transfer my h1b. Basically I got the info that I can re-capture my unused period of H1b out of 6 years. Is that true ?
Thanks.
I don't know if the following information is applicable if the GC is denied.
Last year, my friend started working on an EAD (after his H-1B visa expired). Unfortunately, he did not get his renewal EAD in hand before the expiry of the current EAD, so the lawyer submitted a H-1B petition to use the unused portion (India vacations for him, but basically any time when you were outside the US) from his old H-1B so my friend could continue working. If I remember well, it was applied under Premium Processing, but I know for sure that it definitely came through. But so did his EAD card...on the day his current EAD expired.
Again, I want to reiterate that I don't know how the above scenario plays out if the GC is denied, so do check with a lawyer.
Regards,
Jayant
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uvs
09-24 12:24 PM
thanks!
raysaikat
03-16 01:44 PM
I haven't had "any" FP yet, but I have my EAD and my advanced parole for tavel. I also have my H1B current and stamped in my passport.
Last time I got H1B stamped in the embassy, they took my fingerprits, 10 fingers (I also asked if they want the 10 toes :D)
Can that fingerprinting in the embassy be the reason why they haven't sent any notices for my fingerprinting?
Should I be worried?
Can somebody, please, tell me how do you ask for a service request?
Thanks in advance
Chelo
EB3 ROW
PD sept 2005
19 July AOS filler not concurrent
EAD and AP aproved
Did they take the print of your four fingers (excluding the thumb) together? If not, then the fingerprinting you underwent was not the same.
Last time I got H1B stamped in the embassy, they took my fingerprits, 10 fingers (I also asked if they want the 10 toes :D)
Can that fingerprinting in the embassy be the reason why they haven't sent any notices for my fingerprinting?
Should I be worried?
Can somebody, please, tell me how do you ask for a service request?
Thanks in advance
Chelo
EB3 ROW
PD sept 2005
19 July AOS filler not concurrent
EAD and AP aproved
Did they take the print of your four fingers (excluding the thumb) together? If not, then the fingerprinting you underwent was not the same.
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ragz4u
03-15 09:48 AM
I believe the senate majority and minority leader do have the right to call for debates on a previously declared holiday. Thats excactly what happened during the debate for S.1932. It went late into the night until 1.00 am and then restarted next day on a holday!
more...
reddymjm
05-05 04:39 PM
File another one with just the first condition.
goel_ar
01-06 05:10 PM
1. March 31 , 2008 - I am on H4 with I-94=12345..
2. June 27,2008 - H1 got approved with i-94=12345.. valid from 10/1/2008-9/23/2011.
3. Sep 10, 2008 - I enter US on h4 with i-94=abcdef.....
4. Oct 1 , 2008 - Ideally (as confirmed by USCIS, immigration lawyer) , I-94=12345.. should have been in system (become active) and status changed to H1.
But it didn't happen and I-94=abcdef... is active.
Questions:
1. What is my status from Oct 1, 2008 - Dec 31, 2008? H1 or H4.
Since my h1 status was not in system, i didn't get any SSN & hence no paystubs.
2. What is the safest & quickest way to get my h1 status active in system..
a) Stamping in Canada - Quickest for me. Is it safe ?
b) Get status changed without getting out of country? - But how?
c) Stamping from Home country? -- Last option.
Any help will be appreciated.
Thanks,
AG
2. June 27,2008 - H1 got approved with i-94=12345.. valid from 10/1/2008-9/23/2011.
3. Sep 10, 2008 - I enter US on h4 with i-94=abcdef.....
4. Oct 1 , 2008 - Ideally (as confirmed by USCIS, immigration lawyer) , I-94=12345.. should have been in system (become active) and status changed to H1.
But it didn't happen and I-94=abcdef... is active.
Questions:
1. What is my status from Oct 1, 2008 - Dec 31, 2008? H1 or H4.
Since my h1 status was not in system, i didn't get any SSN & hence no paystubs.
2. What is the safest & quickest way to get my h1 status active in system..
a) Stamping in Canada - Quickest for me. Is it safe ?
b) Get status changed without getting out of country? - But how?
c) Stamping from Home country? -- Last option.
Any help will be appreciated.
Thanks,
AG
more...
immi2006
07-22 02:27 AM
Should we have a spread sheet in google for it ?
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logiclife
07-03 06:40 PM
This is no news. Bilbray and his HIRC (founded by Tancredo) are engaging in tough talk and rhetoric knowing full well that Pelosi is not going to put CIR on House agenda.
This is just tough talk with no plans or intention to act. Nothing to see here folks. Back to 485 issues.
This is just tough talk with no plans or intention to act. Nothing to see here folks. Back to 485 issues.
more...
mmanurker
04-03 12:07 PM
Hello all,
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Can you please share your case details? what was the reason for 140 denial? After you filed MTR, how long it took for them to reinstate?
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Can you please share your case details? what was the reason for 140 denial? After you filed MTR, how long it took for them to reinstate?
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chidurala
07-28 03:55 PM
hi,
iam a derivative applicant of my husband.his gc has been approved lately.
my question is what is my priority date??how can i find it??i cant see that on any action notice sent.
kindly help me
thank u in advance
iam a derivative applicant of my husband.his gc has been approved lately.
my question is what is my priority date??how can i find it??i cant see that on any action notice sent.
kindly help me
thank u in advance
more...
vengaiah
11-29 12:06 PM
Thanks for the solid reply.
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dionysus
01-23 02:12 PM
Today, January 23, 2009, USCIS put up new processing times.
more...
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singhv_1980
05-09 09:01 PM
- H1B is good as long as employer-employee relationship is maintained, which in your case should be fine
- You may have issues with 140 approval (Just my opinion, I may be wrong)
- If you are considering H1 transfer, that may have issues as you may not have latest paycheck..
Thanks for the reply. Is I-140 very dependent on company's financial position? What if actually everything goes back on track and I get my pay and stuff?
Can you please elaborate your views about I-140 here?
Thanks again!!
- You may have issues with 140 approval (Just my opinion, I may be wrong)
- If you are considering H1 transfer, that may have issues as you may not have latest paycheck..
Thanks for the reply. Is I-140 very dependent on company's financial position? What if actually everything goes back on track and I get my pay and stuff?
Can you please elaborate your views about I-140 here?
Thanks again!!
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wanna_immigrate
02-09 01:14 PM
http://immigration.about.com/b/a/165661.htm
"In a recent panel discussion at the Library of Congress, Bill Gates suggested to "get rid of the H-1B visa caps," finding the numerical limitation for technology workers "questionable," suggesting that "the theory behind the H-1B" (cap) is "too many smart people are coming" to temporarily work in this country."
I wonder if the richest man in the world can understand and feel the pain about this why it is so hard for sen. and congress. Why corporations like microsoft is not stepping up.
"In a recent panel discussion at the Library of Congress, Bill Gates suggested to "get rid of the H-1B visa caps," finding the numerical limitation for technology workers "questionable," suggesting that "the theory behind the H-1B" (cap) is "too many smart people are coming" to temporarily work in this country."
I wonder if the richest man in the world can understand and feel the pain about this why it is so hard for sen. and congress. Why corporations like microsoft is not stepping up.
more...
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SlowRoasted
04-24 10:28 PM
not bad dude;)
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manja
05-23 03:17 PM
who will be beneficiary? FB or EB?
:rolleyes:
:rolleyes:
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vnsriv
02-17 02:46 PM
Hi,
I have a pending I-485.
My case was file in jan 02. I have approved labour and I-140. I filed my I-485 in Jun 2005 and have an EAD and parole. How do I find when can I file my spouse's case.
Thanks
I have a pending I-485.
My case was file in jan 02. I have approved labour and I-140. I filed my I-485 in Jun 2005 and have an EAD and parole. How do I find when can I file my spouse's case.
Thanks
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ashkam
07-20 01:06 PM
What does your labor certification have to do with the medical test?
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martinvisalaw
07-24 02:46 PM
hello..
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
werc
04-04 01:54 PM
Smmri,
You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.
If you need a reference ,PLease refer to the AC21 provisions.
I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.
Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?
You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.
If you need a reference ,PLease refer to the AC21 provisions.
I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.
Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?
gcwait2007
03-03 04:40 PM
In my employer company (NJ based, desi consulting company) about 50% of the EB-2 PERM applications are under audit.
I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)
The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.
Does any one have any info about PERM change process? Please advise. Thanks in advance.
I need to file my application for EB-2 and I called them. (I have a EB-3 approved labor, on which my employer has filed I-140)
The paralegal advised me that they have stopped filing PERM applications since this month March 2008, hoping that there would be change of PERM processing or application change.
Does any one have any info about PERM change process? Please advise. Thanks in advance.
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