swashbuckler
06-17 12:00 AM
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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abhisam
07-09 12:22 PM
If you don't get your EAD renewal card you should stop working. Because it is illegal.
I understand that and have no problem in taking a gap for few days. So all I need to do is ask my employer not to pay me for the period? Will that be enough for uscis and IRA?
I understand that and have no problem in taking a gap for few days. So all I need to do is ask my employer not to pay me for the period? Will that be enough for uscis and IRA?
mohitb272
12-11 02:41 PM
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
2011 Jersey Shore is going to Italy
transpass
07-29 10:55 PM
Also one EB1 participant asked for preferential treatment for EB1 applications.
I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?
I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?
more...
vandanaverdia
09-12 09:48 PM
bump
buvane
09-10 07:32 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??
also means nothing is happening to your case!
Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??
more...
krishna_brc
02-09 04:22 PM
Hi,
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
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gcpadmavyuh
09-23 11:54 AM
My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.
The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.
Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.
It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.
I would really appreciate your help!
more...
chanduv23
07-08 06:10 PM
I am in New York, if any other New York members want to register, we can do it on the July 14th NYC drive.
hair Gallery
mrjonie
03-09 05:20 PM
Received by USCIS on June 4th 2007. Have been waiting since.
So 400+ days for me too...
I totally agree with all you guys on the delay in 140..I was also in the same situation...Applied 140/485 in the July/August 2007 fiasco in EB3 (PD Dec 2006) ..After a long wait, received a mail on Feb 26th 2009 , stating that my 140 is approved...
Good luck to you follks..lets hope for the best...
So 400+ days for me too...
I totally agree with all you guys on the delay in 140..I was also in the same situation...Applied 140/485 in the July/August 2007 fiasco in EB3 (PD Dec 2006) ..After a long wait, received a mail on Feb 26th 2009 , stating that my 140 is approved...
Good luck to you follks..lets hope for the best...
more...
gcformeornot
12-31 09:39 PM
it up....^^^^
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aadimanav
10-16 11:15 PM
You are "legally" eligible to take any job or start your own business.
Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com
Some good job search websites are:
www.monster.com
www.dice.com
www.hotjobs.com
www.careerbuilder.com
more...
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Sakthisagar
05-03 11:32 AM
Yesterday on CNN, State of the Union programme Candy Crowley asked Sen Charles Schumer what is next? Energy or Immigration.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
He replied with a hearty laugh. Well I don't know. we need to wait.
I think no one is serious about Immigration bill now.
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texcan
03-02 12:02 AM
Hi,
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
Unfortunately, I have recently been laid off by my employer on Jan 09. Still I could not transfer my H1B, but I am in process to doing that. One of friend told me told me that I need to transfer my H1B with 2 months. My H1B visa is valid till 2011.
I already requested my ex-employer not to revoke my H1B.
My questions are �
1. How much time I will get to transfer my H1B ?
2. What about my families H4 visa status ?
3. If it is out of status issue , then what should me my immediate action ?
Thanks in advance!
There is no hard and fast rule on number of days allowed for transfer after layoff, generally as long as you have pay stubs for last 1 /2 months there are no problems.
Now since you have already applied for transfer, it makes more sense to wait for result/approval.
you family's h4 status is tied with your h1 status.
IMO since you have now applied for transfer, you are not out of status. So nothing else to do other than wait for USCIS response.
HTH and sorry to hear about layoff. Hope it will work out for you.
more...
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navin80
06-20 09:30 AM
I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
so, If I need to go back to him,
1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08
so, If I need to go back to him,
1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08
dresses #39;Jersey Shore#39; Stars in Italy
newbie2020
06-25 02:29 PM
If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,
The amount will reflect in the 2008 W2.
You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
The amount will reflect in the 2008 W2.
You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
more...
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pappu
08-16 12:42 PM
Fact sheet for download
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
girlfriend #39;Jersey Shore#39; Stars in Italy
starving_dog
06-05 07:42 AM
Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.
hairstyles #39;Jersey Shore#39; Stars in Italy
GCProbs
09-15 07:10 PM
Hi All,
I need an advise from IV folks..
here is my situation..
I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.
Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...
Please advise me...
I need an advise from IV folks..
here is my situation..
I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.
Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...
Please advise me...
yjprakash
10-11 05:42 PM
I applied for EAD renewal on 07/15. and on sept 30 I called Customer service and yesterday I got a letter that say
"Our records indicate your application for employment authorization document was mailed on August 19, 2008. please check with local post office."
I dont understand what it means because it says they mailed my "application for EAD". It should be like "approval" or some thing like that right?
My online status & customer service automated system says that it was in processing. I dont understand this.
I am going to call Customer service again tomorrow.If any body knows what above sentence means please let me know.
btw, My wife EAD was approved on Aug 15th. She also applied same day.
"Our records indicate your application for employment authorization document was mailed on August 19, 2008. please check with local post office."
I dont understand what it means because it says they mailed my "application for EAD". It should be like "approval" or some thing like that right?
My online status & customer service automated system says that it was in processing. I dont understand this.
I am going to call Customer service again tomorrow.If any body knows what above sentence means please let me know.
btw, My wife EAD was approved on Aug 15th. She also applied same day.
njboy
07-26 11:22 AM
sky..definetly wait..they are going to introduce i140 premium processing for eb3 next month, and for eb2 maybe a month later. then for 1000 bucks you can have your i140 cleared ..(there is a good possibility it will clear by itself before that)
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