eb3_nepa
06-08 10:59 AM
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
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NEVER!! :p
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devikas81
02-08 01:40 PM
Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,
Thanks,
Thanks,
ajaykk
02-20 11:46 PM
Hi Gurus,
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
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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.
more...
waitin_toolong
08-23 01:40 PM
AR-11 has to be filed by all non-citizens, that translates to GC holders or permanent residents as well.
You dont have to provide COS for I-140 if all correspondence is going to your employer and you dont have any other pending application
You dont have to provide COS for I-140 if all correspondence is going to your employer and you dont have any other pending application
amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
more...
morchu
07-25 03:30 PM
She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
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gaz
12-14 04:34 PM
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
wow! thank you - this is really helpful.
My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?
Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?
Thank you!
wow! thank you - this is really helpful.
My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?
Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?
Thank you!
more...
aniraj
02-03 02:31 PM
My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)
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roseball
01-02 09:59 PM
H1 has been approved for 2009 quota for a client A. it is almost one and half year and the visa stamping has not been done. The client A is no more interested and a new Client B is interested to offer the same position in a different location or at H1 petitioning employers location. The LCA has been filed for the Client B and may get approved in next couple of days. Is that okay to use this new client letter while going for H1B Visa stamping? This new client is not the one on whom the actual H1B petition is approved.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
Shouldn't be an issue. Make sure you carry documents showing evidence that you have been working for Client A and recently switched to Client B.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
Shouldn't be an issue. Make sure you carry documents showing evidence that you have been working for Client A and recently switched to Client B.
more...
xtronics
03-02 12:18 PM
My wife went to Chennai consulate for H4 visa when she is on OPT. Its been close to 5 weeks. They asked her to respond to some questionnaires (pink slip) and keep checking the case report status which is a pdf document being updated every Tue and Fri on http://chennai.usconsulate.gov/adminprocess.html . Since she is a PhD they need to do some background check on what kind of research and all that. The report still says "Pending processing". Th irony is, it says in the instructions that, if we contact them to find out the case status, it will take longer for them to make a decision.
Any input is greatly appreciated.
Thanks
Any input is greatly appreciated.
Thanks
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msadiqali
01-09 02:56 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
thx
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Swati Solanki
10-12 08:34 PM
No news yet!:(
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inskrish
07-23 12:24 AM
Just curious. Is there anything special with the date "07/18/08"?:)
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fide_champ
03-21 05:47 PM
I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
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askreddy
07-27 07:31 PM
Hi
Me and My family applied I485 here. Iam still working for my employer. Because of some issues we may need to go to India. And I wanted my green card to be processed from India.
Can you pls let me know how to change my I485 to Consular processing. Any documents I need from my employer Etc..
Thanks
Sree
Me and My family applied I485 here. Iam still working for my employer. Because of some issues we may need to go to India. And I wanted my green card to be processed from India.
Can you pls let me know how to change my I485 to Consular processing. Any documents I need from my employer Etc..
Thanks
Sree
more...
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ameryki
03-17 04:53 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
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belmontboy
11-05 09:55 PM
Anyone out there knows the answer?
I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.
why do u want to work part time on H1 with multiple employers?
Why can't u go for full time with Company A??
I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.
why do u want to work part time on H1 with multiple employers?
Why can't u go for full time with Company A??
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raj3078
05-09 01:18 PM
And we might be in the final edited version (very good chance) for a few minutes
Great news
Great news
seanl
08-14 11:55 PM
I filed my I-102 to receive an I-94, ill update this when I hear back from them.
When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?
Thanks, bump.
When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?
Thanks, bump.
dealsnet
08-05 12:50 PM
Why you take lawyer's help for this simple thing. ?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
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