raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
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ivgclive
04-06 06:47 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
somegchuh
10-29 05:37 PM
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
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gsk0422
07-07 10:22 AM
Hi, there is nothin' to be confused about. There are many many student here who cant speak English well, in fact, most of my spanish/latinos/germans friends have issues taking classes here but they manage so why cant my friend !! Her spoken English is fair but when it comes to writing she really has to work hard on it..anyways, as for her Aunt:
-The affidavit that her aunt signed along with her bank stmts attached had two parts. The first one only asked the sponsor to check whether he/she will fully support or partially and the second part said, 'if you're a US citizen fill out the part below' and my friend's aunt DID NOT fill that part out or claimed to be a US citizen. She also knows that she is illegal here and she cannot LIE about being legal.
-The affidavit that her aunt signed along with her bank stmts attached had two parts. The first one only asked the sponsor to check whether he/she will fully support or partially and the second part said, 'if you're a US citizen fill out the part below' and my friend's aunt DID NOT fill that part out or claimed to be a US citizen. She also knows that she is illegal here and she cannot LIE about being legal.
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sircaustic
01-02 11:47 AM
I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
carbon
03-24 09:26 PM
If you have worked on a H1B that was from the quota and you have
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
more...
GC_SUCK
10-24 11:56 AM
What you mean by "Becareful..lot of screening is going on in PERM"?
You mean in ALL PERM or in EB2 PERM.
My lawyer is very scared to file my new case under EB2 PERM. His opinion is we may get an audit.
I have already EB3 PERM/I-140 approved. And now looking to file EB2 PERM with Bachelors+ 5 year Exp. (due to degree evaluation issues I am not able to file under Masters + 6 month exp).
Ok, I also have one Tradional LC (from Texas) and one RIR case (from MN) pending in BEC.
So the new case will be my 4th case.
You mean in ALL PERM or in EB2 PERM.
My lawyer is very scared to file my new case under EB2 PERM. His opinion is we may get an audit.
I have already EB3 PERM/I-140 approved. And now looking to file EB2 PERM with Bachelors+ 5 year Exp. (due to degree evaluation issues I am not able to file under Masters + 6 month exp).
Ok, I also have one Tradional LC (from Texas) and one RIR case (from MN) pending in BEC.
So the new case will be my 4th case.
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indianindian2006
04-12 04:13 PM
Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.
more...
sunny1000
11-26 07:16 PM
I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?
Please call USCIS or better yet, take an infopass appointment.
Please call USCIS or better yet, take an infopass appointment.
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prasadn
05-04 02:24 PM
My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
I believe you coud've done that before the introduction of the SEVIS system. Now you will have to first report to the university that you got the visa for, and then fill out a new SEVIS form and then change to another university.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
I believe you coud've done that before the introduction of the SEVIS system. Now you will have to first report to the university that you got the visa for, and then fill out a new SEVIS form and then change to another university.
more...
ajay
12-22 04:44 PM
Springflower, I have used Infopass for obtaining AP last year since my father was not well and was hospitalized. I requested his doctor to issue me a certificate about the situation and submitted the same in the appointment. Although it took two weeks eventually seems like it worked.
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girijas
06-20 10:33 AM
I have subscribed to the group. Am awaiting approval. Please contact me: I am actively working on lobbying for the bills, am part of teamIV and would like to organize a musical get together to raise money. I play classical violin myself; so I can be one of the performers. Please approve my membership or contact me at
shoklate@gmail.com
shoklate@gmail.com
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rajeshalex
03-09 02:55 PM
1 It is your resp to send ur SSN to the company.
2 Call the Internal Revenue Service at 1-800-829-1040 and file a W2 complaint. They wil take a report and send you a form that you can use as a subsitute, you will need your last paycheck stub when you call, along with the name, address and phone# of the employer and what dates you worked for them
Source(s):
Internal Revenue Service
1-800-829-1040
Employer has the liability to send the W2 form by Jan 31st and they need to keep proof for that. When u complain IRS will ask to send the proof and fine them 300$.
After getting the notice even if company doesnt give the W2 form u can use the substitue form which will be mailed by IRS once u complain.
Rajesh
2 Call the Internal Revenue Service at 1-800-829-1040 and file a W2 complaint. They wil take a report and send you a form that you can use as a subsitute, you will need your last paycheck stub when you call, along with the name, address and phone# of the employer and what dates you worked for them
Source(s):
Internal Revenue Service
1-800-829-1040
Employer has the liability to send the W2 form by Jan 31st and they need to keep proof for that. When u complain IRS will ask to send the proof and fine them 300$.
After getting the notice even if company doesnt give the W2 form u can use the substitue form which will be mailed by IRS once u complain.
Rajesh
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nousername
11-12 01:50 PM
Sanju, I hope you were right but they are talking about immigrants in totality (legal and illegal) . Unfortunately with the bad economy and job market this fire might be heading our way i.e. legal EB guys. (I hope I'm wrong)
fueling the fire, but they better make sure the fire drivesoff the right monsters , the illegals.
fueling the fire, but they better make sure the fire drivesoff the right monsters , the illegals.
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Zee
06-14 07:47 AM
Looks like CIR has a rough road ahead:
From immigration-law:
06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1
* AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
* Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
* These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.
From immigration-law:
06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1
* AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
* Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
* These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.
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H1bslave
10-19 09:09 AM
thanks for info, however the news says about illigal but I feel better after your input. All I got to do now is find someone **** and claim GC :)
its applicable to everybody...if ur victim of a crime...u can get gc too.
its applicable to everybody...if ur victim of a crime...u can get gc too.
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webm
04-08 10:53 PM
No RFE so far. Like I said all I see is new LUDs and all the online messages on i-485 cases say "case received and pending" on all cases. All cases are at Nebraska.
What is ur PD/EB category?
What is ur PD/EB category?
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sanz
04-05 10:50 PM
why is the grass always green on the other side :D
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tabletpc
05-27 05:24 PM
thanks guys..that was quick...!!!!
hibworker
01-24 03:51 PM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
mbartosik
04-08 06:59 PM
I just spoke with Siva, and the funding might not be the issue with DoL. This might be a case of the "mythical man month" (training more people takes time).
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
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