Anil_s
06-28 08:15 PM
Hi,
I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.
Now can I apply for H1B for the year 2009?
Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
How will it affect my wife who is in L2B currently?
Regards,
Anil
I came to US on Aug2008 in L1B for company A.My L1B expires in Aug2009.I have a L1 visa for one year only.Meanwhile I had applied for an extension on L1 which got denied.I have got a valid B1 Visa till2018.
Now can I apply for H1B for the year 2009?
Am I eligible to stay in US even after Aug 2009 till I get approval for H1B?
Am I eligible to apply for a Green card in the above situation and have a uninterrupted stay in US?
How will it affect my wife who is in L2B currently?
Regards,
Anil
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chnaveen
03-22 09:22 PM
My deepest condolenses and sympathies to thier families. May their souls rest in peace.
langagadu
05-01 03:06 PM
You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
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zdash
10-28 08:32 AM
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
Roseball,
I really appreciate your input and I think I know my situation pretty clear at this point. :)
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
Roseball,
I really appreciate your input and I think I know my situation pretty clear at this point. :)
more...
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gc_chahiye
07-12 11:22 PM
5. All can apply as per the old bulletin
Already ruled out
why? I thought this was the consensus on the other thread atleast.
Already ruled out
why? I thought this was the consensus on the other thread atleast.
FUNTIMES
04-15 02:22 PM
Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.
more...
arc
10-26 12:44 PM
Mrane and Lramni
Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!
I you say you are out of town on appt date do they ask for a proof?
Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!
I you say you are out of town on appt date do they ask for a proof?
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royus77
06-16 06:26 PM
you can maintain dual status .
Have couple of questions .
1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
Have couple of questions .
1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
more...
GCBoy786
08-27 08:38 PM
mine does not have FP... it's a renewal...
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rajpatelemail
02-12 12:37 PM
If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
more...
amirani
03-03 05:27 PM
Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
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rameshvaid
03-30 11:44 AM
I will certainly update on this site once I get a final answer from US Consulate, Montreal. So for no NEWS...
My father in law was visiting me and had a heart attack last night. He has been hospitalised at Hilcrest Hospital, Cleveland, Ohio and is scheduled to go back on 4/19/08.
Will a letter from the Hospital will be helpfull or might have a negative impact in my case. They may think this is a fabricated story. Some of my friends are taking care of him but there is no other immidiate family memeber with him accept me and my MIL is also all alone at home.
Any Suggestions/thoughts??
Ramesh Vaid
My father in law was visiting me and had a heart attack last night. He has been hospitalised at Hilcrest Hospital, Cleveland, Ohio and is scheduled to go back on 4/19/08.
Will a letter from the Hospital will be helpfull or might have a negative impact in my case. They may think this is a fabricated story. Some of my friends are taking care of him but there is no other immidiate family memeber with him accept me and my MIL is also all alone at home.
Any Suggestions/thoughts??
Ramesh Vaid
more...
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kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
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immilaw
12-14 11:42 AM
This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.
3-4 more big raids like these and CIR will be passed in a jiffy.
3-4 more big raids like these and CIR will be passed in a jiffy.
more...
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sertasheep
07-09 08:26 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
It would be great if members are able to make it to this event.
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a_yaja
10-12 08:44 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
more...
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gimme Green!!
07-31 10:51 PM
Logically, there shouldn't be any issues as you have a G-28 for all required forms.
Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
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redcard
09-13 02:33 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
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Libra
07-11 08:20 PM
:D :D :D :D
Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
Anyway, no CONDI please, I love to send flowers to BUSH, i see him as only hope.
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
cinqsit
02-02 08:56 PM
My I-140 and I-485 also has different A numbers. I had 2 more approved I-140s which has different A numbers as well. How and when will get consolidated to a single file?
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
Gurus who have more insight into this process, please enlighten us.
Thanks -
I think its ok to have different A#'s except when you are trying to get your I-485 adjudicated and you want to use the earliest PD from your multiple I-140's.
I think its easier for USCIS to consolidate your I-140's and 485's into a single A-file
if they all have the same A number
There is no easy way to consolidate all your I-140s and link them to your I-485 - get infopass, contact IO, get congressperson or senator involved, write to the ombudsman etc people have tried various means and no one knows what clicked for them - but
something does work!
Most of the times they will accept your request only if you are current (according to your earliest PD - if you have multiple I-140s)
cinqsit
DDD
08-20 09:43 AM
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