vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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H1bslave
07-30 03:50 PM
^^^^^^^^^^^^^^^
cheg
08-05 12:36 AM
Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)
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fromnaija
08-28 10:23 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
Thx
As long as you are not working for your company, you are allowed to promote or finance a business venture. We have discussed this in another thread.
more...
amitk81
07-14 06:47 PM
This morning I received a phone call from NAVRS (appointment system) about my H1B appointment.
The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?
My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).
Can anyone share his or her experience in a similar situation?
Thanks
Amit
The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?
My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).
Can anyone share his or her experience in a similar situation?
Thanks
Amit
fide_champ
02-19 09:26 PM
I know the quota of h1b for 2007 applications start april 1st but is it possible to mail to INS before , or should the applications be postmarked april1st ?
Thanks
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
Thanks
Going by the trend, you have to make sure that the application reaches USCIS by April 2nd. April 1st is a holiday.
more...
krishnam70
02-16 05:15 PM
H1 Transfer and Extention
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.
Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.
good luck
kris
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.
Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.
good luck
kris
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xlr8r
06-10 04:23 PM
Took about 2.5 months for me. I would ask for a complete copy of the Alien record.
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
more...
raj3078
05-09 01:18 PM
And we might be in the final edited version (very good chance) for a few minutes
Great news
Great news
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BharatPremi
07-23 11:32 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
In my oinion,
1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again
In my oinion,
1) you can file again before August 17th if you got a rejection notification well before that.
2) If you may not be able to send proper application till August 17th then yes you will have to wait till PD becomes current again
more...
scorpion00
04-29 10:18 PM
Your priority date is when your labor was filed.
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willgetgc2005
04-28 02:51 PM
Bumping up.....
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sunny1000
11-16 10:07 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
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swaroopmukka
07-24 05:50 PM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
more...
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CRAZYMONK
09-23 04:02 PM
Hi,
I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
Thanks!
What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?
Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.
Though you want to teach ESL, as you are still teaching some thing, it should be good.
I have an approved H1B for teaching Maths, but I got an offer for teaching ESL (I am certified in both the subject). Am I allowed to teach ESL also? Is the visa subject specific?
Thanks!
What title they used in your labor certification? Did they explicitly mentioned as MATHS in LCA?
Unless and until you are working in the same professional, as the one filed in your LCA, you should be good. Suppose if they filed for a teacher and you are working as a programmer, then it becomes the technical violation of your LCA.
Though you want to teach ESL, as you are still teaching some thing, it should be good.
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k_confused
08-16 07:57 PM
But it is too late now :(
more...
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wandmaker
10-08 03:20 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)
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hindu_king
06-03 04:53 PM
I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.
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Blog Feeds
11-14 04:21 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
“If we are truly going to fix a broken system, Congress will have to act”
The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:
We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.
Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.
As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.
The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.
More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)
“If we are truly going to fix a broken system, Congress will have to act”
The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:
We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.
Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.
As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.
The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.
More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)
pappu
06-09 10:37 AM
I am sure IV has thought about this...
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
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