bmoni
08-19 07:37 PM
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
Thanks,
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sunilsj
01-21 10:43 AM
I wouldn't make the assumption that this is only happening to consulting cases. I know example where a full-time non-consulting candidate has been held up. Be careful.
babuworld
05-29 11:33 AM
I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.
I am with the same employer.
I am with the same employer.
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mlkedave
03-08 03:44 PM
u know what im trying to say,ferns work was top notch but i just though the three of us were about equal.
more...
mdcowboy
02-11 03:10 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
I had no issues with USPS. Used them thrice to send docs to Chennai. It goes within 7-10 days. They give you a tracking number also, but as one of the other members pointed out, its difficult for you to track it.
simplistik
03-06 06:54 PM
heh... the problem w/ this is... all the sites seem to be influenced by one another... and progressively got better... :( you all should've kept your stuff under wraps until the end
more...
gceverywhere
06-10 02:15 PM
Bump..^
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amsgc
04-17 08:36 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
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roseball
08-01 10:45 PM
The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....
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Chiwere
08-03 02:06 PM
Thanks Alisa for opening this thread.
I am EB3I @ NSC RD 07/25/07
I am EB3I @ NSC RD 07/25/07
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zCool
06-08 02:20 AM
While it was indeed a horrible bill and it deserves to die,
it's too early to say it's gone forever.
Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)
On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.
I think if there ever was a time to start new funding drive.. it is NOW!
it's too early to say it's gone forever.
Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)
On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.
I think if there ever was a time to start new funding drive.. it is NOW!
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Rudra
04-18 01:13 AM
THose who have filed with the Premiumproceesin as option are getting notifications. The rest will get it relativlely later. As UScis says the notification dates would not be later than June. has any one got back their applications? :confused:
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a1b2c3
08-04 06:10 PM
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
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cheg
08-30 08:53 PM
Congratulations!!! Celebrate! :D
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sundarpn
07-19 11:10 PM
have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.
I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!
I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!
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USCISSucks
11-14 01:34 AM
Before 180 Days for those 140 approved
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
more...
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amoljak
03-24 03:16 PM
They have
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...
And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil
There are no calculations for that.. you may want to ask her where that number came from...
Exempt post-secondary foreign students in math/tech/eng/science (est.2)
200000
I don't know what that is...
And suddenly they arrive at: TOTAL ANNUAL PERMANENT LEGAL IMMIGRATION = CURRENT LAW + ENACTMENT OF:3 = 3.1 Mil
There are no calculations for that.. you may want to ask her where that number came from...
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unit
09-16 04:17 PM
GCProbs,
Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?
thanks.
Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?
thanks.
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tinkugadu
07-04 10:06 PM
If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
sledge_hammer
02-22 12:46 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
I think you should consult an attorney.
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
katrina
01-04 02:52 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
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