Becks
02-10 07:18 PM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.
So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?
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srh1
10-28 10:57 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
jase21
11-23 04:26 AM
seems like flower by flocke button is lacking symmetry, or is it a design in its own sense.. But its beautiful.
Its hard to vote for just one!
Its hard to vote for just one!
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Canuck
02-03 01:50 AM
People,
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
more...
psam
12-16 10:58 AM
Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?
I took usual 20/25 days. Dont exactly remember.
I took usual 20/25 days. Dont exactly remember.
eb2india
07-13 09:47 AM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
more...
Ramba
05-01 11:21 AM
If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.
If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.
If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.
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gsc999
06-26 12:41 PM
Lou Doubs live on CSPAN Live from National Press Club in Washington D.C. :rolleyes:
This surely is a desperate measure on Lou's part.
Lou, as expected, bashing the passage of cloture. Says amendments haven't been distributed among the Senators. Says, strong possibility of passage in the Senate. Doubs uses his regular tool of fear, says common Americans should be concerned by this.
This surely is a desperate measure on Lou's part.
Lou, as expected, bashing the passage of cloture. Says amendments haven't been distributed among the Senators. Says, strong possibility of passage in the Senate. Doubs uses his regular tool of fear, says common Americans should be concerned by this.
more...
senthil
02-15 09:50 AM
why not - no one does things for free. if you talk to attorney, you know how much $$ you have to pay. most time ive seen members on form answer clean and quick based on their experiance, which is in-valuable.
$1 is just pennnies. not bad to start with at all
$1 is just pennnies. not bad to start with at all
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mbartosik
03-24 01:58 PM
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
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needhelp!
08-31 12:32 AM
We just had a laugh discussing this, I hope you do too :)..NO.. but back to my initial question, just for Curiosity's sake
Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...
Is it your wishful thinking bloke? if it was possible our chinni bhai would have done that instead of waiting this long...
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Green06
08-24 10:48 AM
Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.
I will try finding the recording of the show and post it here.
I will try finding the recording of the show and post it here.
more...
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morchu
05-14 12:04 PM
Not true.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
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Mumbai_girl
12-02 11:22 AM
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
more...
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delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
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frostrated
10-26 01:41 PM
Is there is any way can we see the data.
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
more...
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uma001
08-13 04:33 PM
I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....
Why should India copy them? India will put a different clause
Why should India copy them? India will put a different clause
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gc_on_demand
11-20 12:07 PM
This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.
Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.
I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.
only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..
Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.
I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.
only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..
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shekhar10c
08-06 09:24 AM
on 2nd july itself, USCIS received 55k applications(including family) and by 27th july the no rose to 75k.
can you post a link please? I read through their press releases on their website and did not see this, must have missed it.
thanks for clarifying that.
can you post a link please? I read through their press releases on their website and did not see this, must have missed it.
thanks for clarifying that.
ramus
06-11 12:16 PM
Seems to me you joined IV for then a year now..
Can I ask you simple question.
What is your contribution towards IV.
Contribution could be in any form-- fund/invite friends/send email to reporters/ and so on..
Please answer here to we all will know.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Can I ask you simple question.
What is your contribution towards IV.
Contribution could be in any form-- fund/invite friends/send email to reporters/ and so on..
Please answer here to we all will know.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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