Beemar
09-20 09:45 PM
Don't read too much into it. Somebody might just be doing trivial mass updates (like moving your info from one database table to another ;)), and you will get a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
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vts31
10-01 10:26 PM
wacom gives u more for your money. Genius feels really fragile...likes its gonna break easy.
Becks
01-25 03:44 PM
You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
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pady
01-08 02:35 PM
my pd IS Dec 2005 EB2, it is a 485 Interview
more...
sukhwinderd
09-19 07:22 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes
http://www.murthy.com/aosfaqs.html#8
yes
http://www.murthy.com/aosfaqs.html#8
kondur_007
05-15 08:42 PM
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
more...
bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
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saravanaraj.sathya
08-19 12:21 PM
Guys,
I am currently located in Buffalo, NY for my work. Anyone from Buffalo who is willing to join DC Rally pm me so that we can plan for car pool.
Anyone from NY, BUF in IV?
I am currently located in Buffalo, NY for my work. Anyone from Buffalo who is willing to join DC Rally pm me so that we can plan for car pool.
Anyone from NY, BUF in IV?
more...
Green.Tech
07-18 03:38 PM
Premium processing for 140 has been suspended until July 31, 2007.
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Bookmark and Share
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Bookmark and Share
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just_waiting
01-04 09:50 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/03/AR2007010301678.html
Immigrants a Driving Force Behind Start-Ups, Study Says
Tech Industry Clamors to Get More Visas for Foreign Workers
By Krissah Williams
Washington Post Staff Writer
Thursday, January 4, 2007; Page D05
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
Immigrants a Driving Force Behind Start-Ups, Study Says
Tech Industry Clamors to Get More Visas for Foreign Workers
By Krissah Williams
Washington Post Staff Writer
Thursday, January 4, 2007; Page D05
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
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justice4all
08-31 12:29 PM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
Hello,
Sorry I cant give you suggestions since I am not there yet. But I have a question,
Can we file I140 through NIW in EB3 ?? It doesnt require an EB2.
thanks
more...
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Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
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amitjoey
02-05 06:03 PM
You need approved EAD. apart from waiting for 180 days. You also need I-140 APPROVED. If you have just recently applied for EAD (2 weeks ago) Do not expect it till atleast early April. It is taking them more than 90 days to approve EAD.
WAIT till you get EAD Approved AND I-140 Approved. Research about AC21 and how you can take advantage of that. Read up threads on AC21. It is going to be a longer wait than you thought.
WAIT till you get EAD Approved AND I-140 Approved. Research about AC21 and how you can take advantage of that. Read up threads on AC21. It is going to be a longer wait than you thought.
more...
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andycool
12-25 07:19 PM
Hi,
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
you should be fine ...
just keep your AC21 documents intact...
Have a happy new year ..dont worry,
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
you should be fine ...
just keep your AC21 documents intact...
Have a happy new year ..dont worry,
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joyoehlers
08-22 06:12 PM
I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.
Do I need to get a new visa stamp for my passport? If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
Do I need to get a new visa stamp for my passport? If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
more...
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sgsvg
12-18 05:09 PM
You can't.. It's very risky and not worth the trouble.. I tried and got denied.
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
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wandmaker
05-27 05:16 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
You can use your 140 approval notice copy to extend beyond 6 years. It does not matter to which employer the 140 belongs to. It is not mandatory that you should have 485 pending.
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
You can use your 140 approval notice copy to extend beyond 6 years. It does not matter to which employer the 140 belongs to. It is not mandatory that you should have 485 pending.
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04-29 03:03 PM
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coolfun
07-26 12:42 PM
Hi,
I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?
Thanks.
I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?
Thanks.
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