sankar_203
09-25 01:35 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
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chanduv23
07-11 12:31 PM
Bump
lfadgyas
07-29 08:43 PM
It is interesting � I moved from AL to SC a 1.5 year ago � needed a new ID, so I went there and they did this too � but only for the first time (they gave me that paper thing). Few weeks after this I changed my address so I had to renew it again� it was instantaneous;- they took the photo within 10 min I had my new ID � they said I�m in the system so no problems �have a nice day.
By the way � with that paper ID I travelled back to AL, to NC several times - I kept a copy from the old AL driver license (so what? � I can show my old international driver license :D � wondering what a local policeman would do with that �, otherwise I�m legally here, sorry )
By the way � with that paper ID I travelled back to AL, to NC several times - I kept a copy from the old AL driver license (so what? � I can show my old international driver license :D � wondering what a local policeman would do with that �, otherwise I�m legally here, sorry )
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Deepika
08-14 04:38 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
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vgayalu
07-28 04:40 PM
Test Message
gparr
July 14th, 2006, 07:00 AM
I have reported the promotional post to Steve and I'm sure he'll remove it when he gets a chance.
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
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amitjoey
07-09 08:06 PM
Thanks for going there Nixtor, I am in CA, but would have been more than eager to join you otherwise. Could you record (handycam) a few shots if possible.
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wandmaker
11-19 09:10 AM
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
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at0474
11-13 05:37 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
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rrajendra
08-05 02:24 PM
Hello all,
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
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InTheMoment
03-23 04:22 PM
I personally don't think that would be a problem. Just send whatever you have.
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l8A
10-05 11:09 AM
I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
Thanks a lot. I'll definitely see my lawyer today, but section 245(k) as you pointed out does look promising.
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
Thanks a lot. I'll definitely see my lawyer today, but section 245(k) as you pointed out does look promising.
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GCaspirations
10-04 10:53 PM
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
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me_myself
03-05 01:03 PM
Yes, i will be working in Indian subsidiary for my current employer.
If i am away for 1 year is there a risk of my h1 getting revoked?
If i am away for 1 year is there a risk of my h1 getting revoked?
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nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
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harivenkat
08-05 01:40 PM
.. h1bs will be naturalized ...
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desixp
03-22 12:24 AM
Tragic accident in MO. My heartfelt sympathies to the families.
http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident
DesiXP
http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident
DesiXP
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rpat1968
09-10 11:47 AM
MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
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BMS1
09-25 12:39 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
carbon
05-31 12:38 PM
How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !
brb2
04-15 10:13 PM
The objective here is two prong. The bill allows for US STEM MS/PhDs to work 3 years on a special F1 visa (3 year OPT against current 1 year). They can then "Self-Petition" to adjust status to permanent residence. Now the non US STEM 3 year requirement is to ensure they don't get special preference over US qualified applicants. Additionally, the 3 year working in the US rule most importantly prevents anyone say in India applying for permanent residence based on 3 years work experience say in Bangalore. Thus, this would allow a person 3 years on H1B in STEM to adjust status. However this itself will have a cap for non US STEM due to limited H1B visas. Additionally there is a move to limit the foreign STEM graduates to be working in the field not just qualification as opposed to US graduates. So a STEM from say India would need to be working in the field for 3 years on H1B (or other non-immigrant visa) to be eligible to apply.
