crystal
07-11 02:54 PM
Good job Hope someone is close enough to help.
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Pagal
12-17 12:36 PM
Hello,
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.
There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).
In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.
Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)
ItIsNotFunny
10-22 10:24 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
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pd_recapturing
09-23 11:03 PM
I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.
Did your checks get encashed ?
Did your checks get encashed ?
more...
gcfrdsrvd
03-29 05:19 AM
I have a thought, right now the housing industry is slowing down, The new home sales have dropped signinficantly last month.
We all know that Indians and Chinese are very good savers and have significant amount of their salary saved. Normally Indians and Chinese do not commit to buy a home when their GC is in process. They wait for a GC to be approved and buy a house only after they get their GC.
SO CAN WE TAP INTO THE LOBBYISTS FROM THE HOUSING INDUSTRY??
My thesis is one of the MAIN reasons in the new homes slow down is that people are waiting either at labor stage in BEC or in stage 3 for priority date for GC to be approved to buy houses.
We are talking about well educated well paid immigrants who have a very good discipline of saving and will definitely become home owners if GC is approved faster.
SO CAN WE CONVINCE THE HOUSING INDUSTRY LOBBYISTS TO FUND OUR LOBBYING OR USE THEIR RESOURCES FOR OUR JUST CAUSES??
Just a thought......
We all know that Indians and Chinese are very good savers and have significant amount of their salary saved. Normally Indians and Chinese do not commit to buy a home when their GC is in process. They wait for a GC to be approved and buy a house only after they get their GC.
SO CAN WE TAP INTO THE LOBBYISTS FROM THE HOUSING INDUSTRY??
My thesis is one of the MAIN reasons in the new homes slow down is that people are waiting either at labor stage in BEC or in stage 3 for priority date for GC to be approved to buy houses.
We are talking about well educated well paid immigrants who have a very good discipline of saving and will definitely become home owners if GC is approved faster.
SO CAN WE CONVINCE THE HOUSING INDUSTRY LOBBYISTS TO FUND OUR LOBBYING OR USE THEIR RESOURCES FOR OUR JUST CAUSES??
Just a thought......
karthik_may
07-18 04:43 PM
Called again to find the same response of Denied.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
more...
waitnwatch
07-25 04:26 PM
I'm addressing the last part of your question about the cost of applying for H4. The form is pretty simple so you can do it yourself. Just ensure that you have attached copies of all required documents. The instructions to the form will guide you through the process.
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kk_kk
07-17 09:12 AM
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.
My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.
As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.
My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.
As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
more...
rameshvaid
03-19 06:13 PM
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
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zoooom
10-27 11:33 AM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
more...
manfrmind
03-30 01:09 PM
I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.
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hopefulgc
03-28 06:29 PM
I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.
It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.
What gives?
more...
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javadeveloper
11-24 02:03 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
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khukubindu
08-18 11:03 AM
Hi SL
Which service center is processing your application ?
Which service center is processing your application ?
more...
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netsavvy
03-28 08:12 PM
This is a very good point.
Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.
Given that the 5/6 year timeframe is being already mentioned for illegal immigrants, it should be easy to have this extended for all immigrants who qualify as of the date of implementation of this bill.
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myimmiv
12-17 03:58 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
more...
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RandyK
02-16 04:57 PM
Where can I get this? Local Library ?
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Sakthisagar
05-10 12:37 PM
well discussion is always welcome but do you mean that by discussing in the forums, you will have an effect on what will happen to the bill in the senate?i am all for any steps that will have a direct or indirect impact on the future of the bill. but do you really think that by arguing and debating with each other about what should happen will have any impact on the future of the legal immigration??
I do not think anybody here is a great political personality who is having a voice in the senate or congress, YOu know which forum you are in IV is lobbying and trying to make changes in the bill by lobbying and helping the immigrant communities, so ideas comes from debating and discussing that is the democractic way. Even lot of threads immigrationvoice hosted for ideas alone. so open your eyes. Dont wait to make effect in senate alone, but a combined effort by all of us will do.
I do not think anybody here is a great political personality who is having a voice in the senate or congress, YOu know which forum you are in IV is lobbying and trying to make changes in the bill by lobbying and helping the immigrant communities, so ideas comes from debating and discussing that is the democractic way. Even lot of threads immigrationvoice hosted for ideas alone. so open your eyes. Dont wait to make effect in senate alone, but a combined effort by all of us will do.
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TelanganaINDIA
10-04 10:55 PM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
lskreddy
03-12 07:19 PM
Thanks.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
What would one need to capture time outside? Luckily in my case, all I need to show is probably about a week's worth of time outside US to apply. Isn't that correct?
I have a sub-case going with someone else and have EAD but my primary employer's labor is going to be just 361 days when my H1 expires. If my I140 get s cleared for the sub-case, of course all of this is moot.
Thanks again for your reply,.
jonty_11
07-05 04:25 PM
stop jumping the line....
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