chirutha
09-26 05:15 PM
Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.
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GCOP
12-08 03:46 PM
We should be allowed to participate.
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
We are legal immigrants and most importantly - tax payers, shouldn't that be enough??
bank_king2003
09-17 01:30 PM
Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
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I_need_GC
07-24 10:51 AM
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
more...
pappu
03-27 12:08 PM
IV can contact this organization since they have contact with media and have done research on immigration
http://www.epic.org/epic/board/burnham/
http://trac.syr.edu/tracdhs/index.html
http://www.epic.org/epic/board/burnham/
http://trac.syr.edu/tracdhs/index.html
nandini
08-03 06:02 PM
i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.
i think you are eligible for 3 year extension.
i think you are eligible for 3 year extension.
more...
EndlessWait
07-23 01:43 PM
huge 1 micro second late and will be pending for "quota unavailability"
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pmpforgc
03-28 08:46 PM
Hi
I am changing my employment and will be going to reside in Memphis, TN
My employment will be in the Arkansas State !! and My Family will be in GA for some time, I have a Part for the income this year 2009 in GA too!!
Just to add this year (2008) I have to file state taxes for South Carolina as well as GA!!
Looks like my tax story will get more interesting in 2009!!
So what will be my Tax status in Case of TN and AR? Do I will need to file taxes in both state for 2009?
thanks for your experienced input that will help me to be little proactive in this matter.
I am changing my employment and will be going to reside in Memphis, TN
My employment will be in the Arkansas State !! and My Family will be in GA for some time, I have a Part for the income this year 2009 in GA too!!
Just to add this year (2008) I have to file state taxes for South Carolina as well as GA!!
Looks like my tax story will get more interesting in 2009!!
So what will be my Tax status in Case of TN and AR? Do I will need to file taxes in both state for 2009?
thanks for your experienced input that will help me to be little proactive in this matter.
more...
njdude26
04-07 04:43 PM
Thanks. This sure is helpful. btw i have a Canadian PR card. one less headache in step 3 :) But of course I love it here so im stuck here doing all kinds of circus for 8 years to continue staying.
new H1 and H1 visa renewal are done in all US embassies in Canada.
1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
2. Dates are not available, but are released around 20th in bult; also, check out each hour.
3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
4. Go for visa interview.
I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.
new H1 and H1 visa renewal are done in all US embassies in Canada.
1. Look out for dates, after registering and paying fees. USD 9.50 for one appointment of one, two, three .... members.
2. Dates are not available, but are released around 20th in bult; also, check out each hour.
3. Allow 30 days for Canadian TRV (temporay visitors visa) to come in mail
4. Go for visa interview.
I did all the above, but had to cancel Vancouver appointment for lack of leave from a very good and generous employer ( I am in operations). Any other questions, please feel free to PM me.
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wizpal
02-24 01:04 AM
It looks like we are a bunch of folks (from Texas) without any direction. Could any of IV core folks coordinate the meeting sometime next week. Make sure to invite(email) all of those who have responded to this thread.
more...
corleone
11-09 10:22 AM
So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
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canmt
11-15 01:48 PM
If any established school can prove to USCIS that they have a open position for which the candidate is a great fit and that they are unable to find a qualified teacher in the US (Citizen or Resident) for the same position. Then they can apply for a H1B.
I hope this helps and good luck on your H1B.
I hope this helps and good luck on your H1B.
more...
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kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
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Sooner2
03-13 11:44 AM
I am from MA and was able to remit using their service earlier, but it has been temporarily disabled for now.
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p7810456
06-22 07:55 PM
If i were you,I will prioritize what i want ?Filing 485 or a Married Name.If you want to change your name it can be done on any day after getting the GC ,after becoming a Citizen.
Royus.. said it right. I don't think changing the last name before GC is a "must". Name can be changed at anytime after GC is done.. even if taking GC takes few years. There are millions of couple in US where husband and wife uses different last name. My wife has been the same way for last 7 years.. and never faced any issue. She got it changed last year just for grins.
Royus.. said it right. I don't think changing the last name before GC is a "must". Name can be changed at anytime after GC is done.. even if taking GC takes few years. There are millions of couple in US where husband and wife uses different last name. My wife has been the same way for last 7 years.. and never faced any issue. She got it changed last year just for grins.
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neoneo
07-23 02:56 PM
Next will be : What was the color of your envelope ? ..LOL C'mon people . :D :D
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greenguru
03-28 06:54 PM
Talk to a lawyer and get it done.
Should take about 1 hour to write the mail. Even for extension it you would take the same time to write.
Good luck. Yours will be approved soon.
tks,
Should take about 1 hour to write the mail. Even for extension it you would take the same time to write.
Good luck. Yours will be approved soon.
tks,
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mikemeyers
11-09 12:20 PM
anyone else has any opinion..plz share it...
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sareesh
03-29 08:13 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
snathan
04-12 07:17 PM
Hi,
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:
"My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."
And he puts the below figure his company has borne towards expenses for my H1 application:
1)Education evaluation: $125
2)Attorney fees: $1000
My question is:
1) Is attorney fees really $1000 or it is much less than what he claims it to be?
2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.
How can I proceed in this matter? Plz advice.
Thanks
raj131982
Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.
and see his reaction for that. Record all the conversation and email between you.
Thanks
shruthii_1210@yahoo.com
09-30 12:37 PM
1) If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik
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