masala dosa
08-31 06:36 AM
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
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Bogdan
10-22 01:15 PM
I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?
kumar1
01-15 10:02 AM
Man, you definitely sound like a multinational manager and worthy of L1A visa. Please tell USCIS that your wife is waiting for her bonus money and she is not readily available to join you on L2, USCIS would mail her Green Card overseas. Under the circumstances, someone from Department of State would personally hand it over to your wife. Thank you your highness.
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....
----
Hi Folks
I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...
In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??
In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).
Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?
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Macaca
02-27 12:01 PM
Please post such articles in the News Articles thread along with email of authors. Thanks.
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
U.S. Immigration Reform Bill Could Pass by July (http://www2.csoonline.com/blog_view.html?CID=29025)
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rbalaji5
11-05 12:46 PM
Hi GKBest
Any updates on infopass?. Let us know. Thanks.
Any updates on infopass?. Let us know. Thanks.
bbenhill
10-12 07:55 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
please advice ...
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
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aanurags
10-21 03:48 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
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k_usa
01-05 04:46 PM
Good to see on greatandhra website about IV
http://www.greatandhra.com/special/articles/green_wait.php
http://www.greatandhra.com/special/articles/green_wait.php
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vinabath
06-13 10:41 AM
Success Formula for EB2-I:
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
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gcnirvana
06-25 07:51 PM
Employer pays everything except for my EAD/AP as my H1 is valid till 2010. And fortunately, USCIS surgeon billed my medical exams to my insurance. Not sure if it'll come back and bite me but as of now I didn't pay a dime :)
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immique
04-15 10:26 AM
I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional
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amsgc
09-10 12:08 AM
You should request your new employer to do Premium Processing on your H-1B petition.
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
You will get a response from USCIS in 2 weeks and you will know for sure whether it has been approved/rejected or if USCIS needs more evidence. If it is approved, you will also know whether it was approved with Change of status (i.e. I94 attached), or whether you are required to leave the country and re-enter on a H-1B visa.
If new evidence needs to be submitted, then you will get a response within two weeks of submitting additional evidence.
The fee for Premium processing is $1000. Note that the beneficiary of the petition (you in this case) is legally allowed to pay the fee for premium processing. But, only the petitioner (your future employer) can file the application for Premium processing.
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen.
The lawyers on this forum can advise you better.
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
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nozerd
12-17 09:18 PM
Yup, same here. 7 yrs 5 months and waiting.
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
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gc28262
12-16 12:02 PM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
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wandmaker
11-07 09:38 PM
1 (800) 375-5283 and follow the voice instructions.
Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
Please let me know, which center you opened Service Request and is there any phone number, I can call USCIS.
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pmamp
02-27 07:29 PM
I have I-140 filed and waiting for visa numbers to be current my PD is March 05 and Her name is given in I-140.
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.
I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?
Thanks
Since she will exhaust all her H1B years by end of this sept, he needs to be on either h4 or F1.
I have long wait for filing I-485, can she be on F1 in the meantime and then convert on H4 right before I could file for AOS?
Thanks
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sodh
07-18 05:05 PM
I can donate for this case if any Lawyer can help him.
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raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
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brb2
03-28 07:59 AM
I agree it is hard to comprehend, and I must admit I still do not understand:)
I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
I saw the document and also the table at the end of the document. It is hard to understand this table. Can I please suggest that such sensitive numbers be made easy to undertsand? Thanks!
pappu
01-25 04:03 PM
I do not see this issue on my IE.
Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.
Thanks for the help
Could you please email the screenshot, and if you can, please examine the stylesheet and let us know what change we need to do.
Thanks for the help
krishmunn
09-17 12:10 PM
For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.
Normally you can get upto 6 months. But stepping to Canada and reenter will not give you another 6 months.
Also, if they leave to home country and return within a short period (say a month or two) they will either be denied entry or given a very short entry (around a month).
Normally you can get upto 6 months. But stepping to Canada and reenter will not give you another 6 months.
Also, if they leave to home country and return within a short period (say a month or two) they will either be denied entry or given a very short entry (around a month).
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