tancot
05-11 01:46 AM
Hi All,
Please help!!
I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.
My company has applied for 1-129 on April 1st 2010.
I have a few questions -
1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.
2. If I am out of status, is it going to effect my visa renewal or H1 extensio?
3. What to do?
Your response will be highly appreciated, I am very confused.
Thanks & Regards.
Please help!!
I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.
My company has applied for 1-129 on April 1st 2010.
I have a few questions -
1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.
2. If I am out of status, is it going to effect my visa renewal or H1 extensio?
3. What to do?
Your response will be highly appreciated, I am very confused.
Thanks & Regards.
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Ally
06-15 02:38 PM
Good afternoon all,
I am very new to this world of immigration employment, and I am not sure what I need to do to assist an associate in finding employment and (ultimately residency) in the US. He is a friend of mine's father, and has been out of work in the Ukraine for the last 8 months; he is an electrical engineer by trade and has university degrees.
From what I can gather, the Employ American Workers Act seems like it could be an impediment in obtaining a H-1B Visa (This is the type of Visa that he would need to work in the US, correct?)
Can anyone provide any guidance or suggestions on how to begin the job seeking process, and potential obstacles to be aware of?
Thank you so much for any assistance that you may be able to provide!
I am very new to this world of immigration employment, and I am not sure what I need to do to assist an associate in finding employment and (ultimately residency) in the US. He is a friend of mine's father, and has been out of work in the Ukraine for the last 8 months; he is an electrical engineer by trade and has university degrees.
From what I can gather, the Employ American Workers Act seems like it could be an impediment in obtaining a H-1B Visa (This is the type of Visa that he would need to work in the US, correct?)
Can anyone provide any guidance or suggestions on how to begin the job seeking process, and potential obstacles to be aware of?
Thank you so much for any assistance that you may be able to provide!
auvrm
08-25 01:04 PM
My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?
Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?
Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?
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greencard_seeker
08-07 09:06 AM
Hi Milind,
Thanks for the info. Is there any way of notifying USCIS, if the new job from existing employer is EB2 level (I mean a promotion to senior level) so that the application is processed quickly!
Thanks for the info. Is there any way of notifying USCIS, if the new job from existing employer is EB2 level (I mean a promotion to senior level) so that the application is processed quickly!
more...
h1techSlave
05-04 10:17 AM
He is just hopeful.
http://www.nydailynews.com/ny_local/citizenship_now_2009/2009/05/03/2009-05-03_sen_chuck_schumer_hopeful_immigration_reforms_o n_way.html
Interesting. The Chair of the Senate's Immigration Subcommittee is sounding pretty confident that an immigration plan will be signed by the President before 2009 is over.
More... (http://blogs.ilw.com/gregsiskind/2009/05/schumer-immigration-reform-will-happen-this-year.html)
http://www.nydailynews.com/ny_local/citizenship_now_2009/2009/05/03/2009-05-03_sen_chuck_schumer_hopeful_immigration_reforms_o n_way.html
Interesting. The Chair of the Senate's Immigration Subcommittee is sounding pretty confident that an immigration plan will be signed by the President before 2009 is over.
More... (http://blogs.ilw.com/gregsiskind/2009/05/schumer-immigration-reform-will-happen-this-year.html)
ivgclive
12-16 09:33 AM
What profession have you applied under EB2?
more...
H1B_CIVIL_ENGINEER
12-05 03:35 PM
1.Did anybody have recently got H1B stamping done in Hyderabad consultate.
Yes, I got it done in October.
2. Any issues with getting appointment dates.
No. The only issue I had was that they don't let you book well in advance, which makes it difficult to plan travel. Also, I did not realize until the last minute that you need to submit your documents 4 days in advance before the interview. Luckily one of my friends told me about it and I was able to request my dad to submit the documents in time. Not sure what would have happened if I did not submit the documents upfront...may be, they might have still allowed me in.
3. I have all the documentation in place including pay stubs in the last 8 years.
Good. I have been working for 8 years as well and took the paystubs for just this year(2010) and tax returns for past 3 years. But, they did not ask anything as I was renewing for the same company for the same job. They just asked what I do for the company.
4. Is it preferable to get stamping done in Canada than in Hyderabad,
I prefer Hyd as that is where my parents live and I don't have to waste travel fares, visa fees (for canada visa), hotel, vacation etc by going to canada. I just got it done when visiting my parents. If you live close to Canada or have special travel needs, then may be Canada should be considered.
5. How many days does it take to get the passport back.
7 days total I think, including weekend.
Yes, I got it done in October.
2. Any issues with getting appointment dates.
No. The only issue I had was that they don't let you book well in advance, which makes it difficult to plan travel. Also, I did not realize until the last minute that you need to submit your documents 4 days in advance before the interview. Luckily one of my friends told me about it and I was able to request my dad to submit the documents in time. Not sure what would have happened if I did not submit the documents upfront...may be, they might have still allowed me in.
3. I have all the documentation in place including pay stubs in the last 8 years.
Good. I have been working for 8 years as well and took the paystubs for just this year(2010) and tax returns for past 3 years. But, they did not ask anything as I was renewing for the same company for the same job. They just asked what I do for the company.
4. Is it preferable to get stamping done in Canada than in Hyderabad,
I prefer Hyd as that is where my parents live and I don't have to waste travel fares, visa fees (for canada visa), hotel, vacation etc by going to canada. I just got it done when visiting my parents. If you live close to Canada or have special travel needs, then may be Canada should be considered.
5. How many days does it take to get the passport back.
7 days total I think, including weekend.
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wandmaker
05-06 01:16 PM
Can someone, renew their EAD while outside of the country?
Yes - as long as your 485 is pending and you have a US address to receive the card.
Yes - as long as your 485 is pending and you have a US address to receive the card.
more...
larmani
07-20 07:13 PM
Donald Freiberg(San Jose) is also good
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problem2010
01-05 12:27 PM
I am currently on H1-B, however, I was not staffed on any project and hence was not paid for the past one year and two months. Now I want to apply for a change of status to H4 and found that I may need to provide recent pay stubs for 2-3 months. I was not aware of the rule that in such case one should file a COS within 180 days of H1-B activation. I spoke to my employer about this and he asked me to file for a COS without submitting any pay stubs. In case a RFE comes asking for pay stubs etc, he said we would provide a letter stating that due to personal family problems and relocation problems I was not able to join any project.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
more...
optimystic
03-06 06:49 PM
Does any one in the forum (or their spouse) work for the state of california?
Are H1B or EAD holder eligible for applying for full time postitions with the state?
How about after getting the green cards? Are permanent residents eligible? OR are these positions only for US citizens?
I recently took the state exam for Systems software specialist series and when filling up the online forms etc, there was no question asked anywhere about citizenship or permanent resident only.
So if any of you have experience in this area, could you please clarify?
Are H1B or EAD holder eligible for applying for full time postitions with the state?
How about after getting the green cards? Are permanent residents eligible? OR are these positions only for US citizens?
I recently took the state exam for Systems software specialist series and when filling up the online forms etc, there was no question asked anywhere about citizenship or permanent resident only.
So if any of you have experience in this area, could you please clarify?
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Blog Feeds
05-17 01:40 AM
The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
more...
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neeidd
07-24 05:31 PM
Nsc
Thanks for sharing
Thanks for sharing
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priderock
06-20 03:53 PM
This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:
Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.
Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.
more...
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Sakthisagar
10-26 08:33 AM
I wanna know about green card in the US. how can I get it and what benifits and loss would we face after getting this ? can I get it by marriage from any American girl? or how ? plz help me !
Are you in america already?? Please update your profile, what is your Visa status and other things, or are you planning to come to America. just for info asking this question?
Are you in america already?? Please update your profile, what is your Visa status and other things, or are you planning to come to America. just for info asking this question?
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psgprasad
03-05 10:49 AM
My 140 was denied based on the filing was Eb2 but job requirement only fits in eb3.
I filed my appeal with a new 140 on the same labor in Eb3, and in my Motion to Reopen specified to consider my old application in eb3 but if they will not to atleast consider my new application. This was an year back and I have filed premium, my new 140 was approved in 3 days, old one went AAO, but we withdrew the old one.
Talk to a good attorney, I consulted Aron Finkelstein in Murthy law firm. They were nominal and excellent customer support.
I filed my appeal with a new 140 on the same labor in Eb3, and in my Motion to Reopen specified to consider my old application in eb3 but if they will not to atleast consider my new application. This was an year back and I have filed premium, my new 140 was approved in 3 days, old one went AAO, but we withdrew the old one.
Talk to a good attorney, I consulted Aron Finkelstein in Murthy law firm. They were nominal and excellent customer support.
more...
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trsspk
07-17 04:24 PM
Even my lawyer updated with the current news...Congratulations to everyone.
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whattodo
06-14 04:21 PM
NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?
Thanks a lot.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
Thanks a lot.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
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lacrossegc
07-03 01:12 PM
http://thehill.com/leading-the-news/house-republicans-vow-to-take-the-offensive-on-immigration-2007-07-03.html
cbpds
05-24 02:30 PM
hi,
I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.
If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?
2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?
Appreciate your answers
Thanks
I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.
If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?
2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?
Appreciate your answers
Thanks
senthil
01-13 08:04 PM
masala_dosa, this is my understanding. once you have applied for EAD, its your responsibility to keep it valid all the time, independent of if you are using the EAD or NOT. You have to appy for renewals before it expires etc. i dont know if it impacts the current gc process or not.
two scenarios:
If you are using EAD for your current job, and if you did not renew ( or alteast file for renew) before it expires you may notbe able to continue the job.
If you are NOT using EAD, but have an EAD on hand you are supposed to keep it valid.
once again - im not an attorney and all above were my understanding.
why dont you talk to your attorney. he/she may have a simple answer for this.
two scenarios:
If you are using EAD for your current job, and if you did not renew ( or alteast file for renew) before it expires you may notbe able to continue the job.
If you are NOT using EAD, but have an EAD on hand you are supposed to keep it valid.
once again - im not an attorney and all above were my understanding.
why dont you talk to your attorney. he/she may have a simple answer for this.
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