mdmd10
07-18 04:12 PM
Since this is already being dicussed in the thread mentioned above. Thanks
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GCVivek
04-11 04:55 PM
You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
krishna_brc
07-02 05:41 PM
I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.
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sreeraghu
07-16 12:25 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
Thanks!
more...
trnandakumar
11-03 07:10 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
hariswaminathan
10-04 01:02 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
more...
rbashir
02-15 06:47 PM
HI guys,
Can anyone guide me about the process of getting extension while I-140 is pending in appeal with AAO.
I filed the appeal in January and got the receipt that I-140 is send to AAO. As we know that now it will take about 9-11 months for the final decision. My H1b 7 th year is expiring in June 2008. Does any have had the similar experience of filing extension while pending appeal. Also, how early should I file for the extension.
Please advise.
RB
Can anyone guide me about the process of getting extension while I-140 is pending in appeal with AAO.
I filed the appeal in January and got the receipt that I-140 is send to AAO. As we know that now it will take about 9-11 months for the final decision. My H1b 7 th year is expiring in June 2008. Does any have had the similar experience of filing extension while pending appeal. Also, how early should I file for the extension.
Please advise.
RB
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krishmunn
03-03 09:03 PM
For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. .
It is illegal to have all online classes on F1. On F1, you can take upto 3 credit online per semester, rest need to be in class.
If you are on H1/H4 etc., you can take all online class.
It is illegal to have all online classes on F1. On F1, you can take upto 3 credit online per semester, rest need to be in class.
If you are on H1/H4 etc., you can take all online class.
more...
Since1997
09-28 04:09 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
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reddy_h
09-04 03:14 PM
I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.
Yes you can.
Yes you can.
more...
bayarea07
07-09 04:54 PM
Hello All,
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
I have couple of questions regarding Travel Document or Advance Parole.
My EAD has already been filed by my Lawyer but she is charging too much for filing Advance Parole or Travel Document,so here goes my questions.
- Is there a way to file for Travel Document myself, without involving the lawyer and if yes how can i do that
- Do I need to wait for my EAD Receipt being sent to me before filing for Travel Document.
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nlssubbu
11-29 11:38 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
more...
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raja_san
05-20 12:00 PM
Thank you all for the reply and the information.
So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?
Thanks.
So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?
Thanks.
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perm2gc
06-14 05:59 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
more...
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kannan
11-17 05:30 PM
I-94 was attached.
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Abhishika
12-13 06:32 AM
Hi All,
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
more...
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austingc
05-03 12:52 PM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
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synergy
01-29 11:29 PM
I am on H1B for the past 8 years. EB3 2003 Jan /140 approved long back. Has a valid EAD but never used. I recently changed my employer and the new employer did H1B transfer rather than using EAD.The company lawyer submitted an AC21 application along with the H1b transfer. Due to some family reasons ,the new job seems to be not going to work for me. Is it possible for me to find another job and work under my EAD ? What will happen my new empoyer cancel my H1B ?How many times I can use AC21? Is there a time difference before using the AC21 ?
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morchu
04-25 03:39 AM
On EAD you can work multiple jobs, accept payment or stocks or compensation from any employer.
By the way, in H1B you can accept "profit on passive investment".
Alright so it is better then i dont take any equity at all untill i get greencard?
what if i come on EAD ?? does it effect anything or still the same result ??
Thanks Again!!
By the way, in H1B you can accept "profit on passive investment".
Alright so it is better then i dont take any equity at all untill i get greencard?
what if i come on EAD ?? does it effect anything or still the same result ??
Thanks Again!!
mrdelhiite
07-12 08:17 AM
This USCIS fisco seeps have more twists than Anna Nicole Smith case.
here you another angle to it:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Repost. Please close this thread.
Thanks
-M
here you another angle to it:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Repost. Please close this thread.
Thanks
-M
letstalklc
10-06 11:50 AM
I dont think so, never heard of that....
