martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
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gcisadawg
02-13 11:42 AM
these things are like taking a duck to the pond ... for a Desi..
Yes, that's so true. But ensure, the duck is on a leash. otherwise it may never get back and make you wait at the shore forever....( Case in point, hard earned/saved money in stock market and unaffordable home.....waiting for ever for the recovery)
Yes, that's so true. But ensure, the duck is on a leash. otherwise it may never get back and make you wait at the shore forever....( Case in point, hard earned/saved money in stock market and unaffordable home.....waiting for ever for the recovery)
gcadream
05-02 09:06 PM
Can somebody please throw some light on this issue.
I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.
When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
Do I need to get my H1B amended with this change ?
Please help me on this ...
Waiting to hear back ASAP.
Thanks in advance
I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.
When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
Do I need to get my H1B amended with this change ?
Please help me on this ...
Waiting to hear back ASAP.
Thanks in advance
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anandrajesh
09-07 09:48 AM
I don't intend to get a second H-1.. The second job that I want to do is just 3-5hrs a week and dont want any sponsorship for it.
U dont have an option. If you want 2 paid jobs, you need to have 2 H1s. I dont know of any exceptions to this rule.
U dont have an option. If you want 2 paid jobs, you need to have 2 H1s. I dont know of any exceptions to this rule.
more...
hibworker
01-26 04:18 PM
If she will not be able to get F1, what will be her status in USA ?
If she has filed for I-485 then she will be in Adjustment status - allowing her to study, work on EAD and travel overseas on AP. If she hasn't applied for I-485 when her F1 is denied then she will have to come back on H4 - she can study but not work.
If she has filed for I-485 then she will be in Adjustment status - allowing her to study, work on EAD and travel overseas on AP. If she hasn't applied for I-485 when her F1 is denied then she will have to come back on H4 - she can study but not work.
papajon
06-18 02:27 PM
I am from Bronx, NY and can participate in this activity.
more...
thomachan72
06-17 01:42 PM
Thanks for replying, I checked around and found out that it an official courtesy call.
Please post updates of your interview process.
Please post updates of your interview process.
2010 the opinions expressed
Nil
03-24 11:04 PM
'Saw Fareed Zakaria mention the topic in GPS on Sunday.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
more...
ramraj_02
10-19 09:30 AM
Hi folks,
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
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Nil
07-09 07:46 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
more...
vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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PHANI_TAVVALA
02-17 02:58 PM
Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.
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flash.stoffer
08-07 04:07 PM
Hi!
A otherone :)
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A otherone :)
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dollyGC
07-21 08:10 PM
I'm working with an MNC and I'm abt to start my GC processing.I did go through the forum on threads on Fragomen.My employer's preferred attorney is Fragomen.
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
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cr125rider
04-24 05:40 PM
I love them all too, the last one is my favorite though!
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andycool
07-02 10:36 AM
Hi All,
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
I got my COS from H4 to F1 approved in first semester itself (Fed-2010), now my questions is I don�t have plans for going to India in next couple of years so after completing my masters can I apply for OPT without having the F1 Visa stamping OR should I have to get F1 Visa stamping in India in order to get the OPT after my masters.
You can get OPT after completion of your masters program you don't need visa for OPT .
Thanks
more...
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pmamp
12-22 09:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
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toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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Student with no hopes
11-01 11:45 AM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
Applicants who are not current - which statistical group do they belong to?
shana04
03-18 11:50 AM
I submitted an AR-11 (address change) form on 3/13/2008. The LUD changed the next day to 3/14/2008.
However, the LUD changed again yesterday to 3/17/2008. Has anyone had experience with AR-11 and LUD updates. If so, please share if multiple LUD updates are the norm for AR-11 changes....
Thanks.
I had soft LUD's on all my receipts after sending AR11, but it took three days after I did (did AR11 for all the receipts online)
Good luck to you.
However, the LUD changed again yesterday to 3/17/2008. Has anyone had experience with AR-11 and LUD updates. If so, please share if multiple LUD updates are the norm for AR-11 changes....
Thanks.
I had soft LUD's on all my receipts after sending AR11, but it took three days after I did (did AR11 for all the receipts online)
Good luck to you.
lj_rr
07-23 05:46 PM
My lawyer explicity told "NOT" to flipflop even without me asking.
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
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