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wandmaker
12-18 10:25 PM
Whether apply for H1B renewal or apply for EAD or apply for both as a safer side ?
Renew your H1B and EAD - Use EAD when you a really need it.
Renew your H1B and EAD - Use EAD when you a really need it.
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GotGC??
01-13 07:02 PM
I was in a similar situation, and they got my PP H1 because of my overseas travel.
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
thakkarbhav
01-21 01:35 PM
Please use "Ask a lawyer for Free" link to get response from lawyer. More than 60% users of this site does not have GC and they can not advice because they never get chance to marry US citizen...Thanks.
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Cathy_P
January 3rd, 2005, 09:59 PM
Lovely!
more...
lghtslpr
02-02 07:20 PM
Does anyone have any insights or theories on why PERM processing is so badly delayed at Atlanta? And why are applications being processed out of order? People who filed in Jan 06 are getting approved while those who with priority dates in 2005 are still waiting. Does anybody have ANY idea? There should be some transparency in the process. It's just a black box right now and that makes the process ten times more frustrating.
chanduv23
10-17 12:52 PM
My 485 got approved 2 months back. There was an RFE for my wife and by the time I answered it, the visa numbers were over. Now I am planning to change my job. I know its good to wait for at least 6 months before you switch over, but I don't have that option. Can there be any issues with my wife's application?
The title is misleading - can be interpreted as "You are leaving your job and wife because you got an RFE and you want to know if there is any problem?"
The title is misleading - can be interpreted as "You are leaving your job and wife because you got an RFE and you want to know if there is any problem?"
more...
wandmaker
05-07 09:10 AM
So in this case, the person should send the documents from India, correct? One of the requirement was I-94 card. How will we provide that if you are out of the country? What to say for Last Entry?
Q10 - Alien Registration Number (A-Number) or I-94 Number (if any)
Q12 - Provide your last date of entry
Q13 - Provide your last place of entry
It is not necessary that one should remain in the US to apply for EAD renewal.
Q10 - Alien Registration Number (A-Number) or I-94 Number (if any)
Q12 - Provide your last date of entry
Q13 - Provide your last place of entry
It is not necessary that one should remain in the US to apply for EAD renewal.
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i99
09-05 11:31 AM
I am on the same boat like many.
more...
yabadaba
07-10 09:12 AM
http://www.murthy.com/ailf_lawsuit.html
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Blog Feeds
11-01 09:40 AM
A chart from Reason Magazine that says it all:
More... (http://blogs.ilw.com/gregsiskind/2010/10/immigration-humor-what-part-of-legal-immigration-dont-you-understand.html)
More... (http://blogs.ilw.com/gregsiskind/2010/10/immigration-humor-what-part-of-legal-immigration-dont-you-understand.html)
more...
mandes
12-14 01:39 AM
Guys,
I was laid off from GC sponsoring employer and my previous attorneys may have withdrawn their G-28. Now I have started working for new employer but have not filed for AC21 yet. The new attorneys have sent G-28 forms (so they claim).
Now I really want to move from the place where I am living so that my commute is shorter for my new employer and am also having lot of problems in the apartment condo where I live. But my concerns for moving are:
1) Does submitting Ar-11 online , update the address for your pending I-485 also? I have read few stories on the net that people who moved during I-485 and also updated their address still got an RFE at old address OR even worst the USPS returned the notice saying the person does not live there anymore
2) I have also heard that sometimes the new G-28 forms does not reach your file and RFE/ NOID may goto old attorneys .
I have these two concerns because my previous employer is going to revoke my I-140 which is going to result in straight denial of I-485 and even if I need to file MTR I may not get the notice in the mail because I may have moved.
Is there anyone who has been in this situation or moved after filing I-485 and successfully updates their addresses so that they get any RFE/NOID/Denial at new address.
I was laid off from GC sponsoring employer and my previous attorneys may have withdrawn their G-28. Now I have started working for new employer but have not filed for AC21 yet. The new attorneys have sent G-28 forms (so they claim).
Now I really want to move from the place where I am living so that my commute is shorter for my new employer and am also having lot of problems in the apartment condo where I live. But my concerns for moving are:
1) Does submitting Ar-11 online , update the address for your pending I-485 also? I have read few stories on the net that people who moved during I-485 and also updated their address still got an RFE at old address OR even worst the USPS returned the notice saying the person does not live there anymore
2) I have also heard that sometimes the new G-28 forms does not reach your file and RFE/ NOID may goto old attorneys .
I have these two concerns because my previous employer is going to revoke my I-140 which is going to result in straight denial of I-485 and even if I need to file MTR I may not get the notice in the mail because I may have moved.
Is there anyone who has been in this situation or moved after filing I-485 and successfully updates their addresses so that they get any RFE/NOID/Denial at new address.
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10-17 09:34 AM
bump.
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evildead
05-04 02:46 PM
why did your case go to audit? would you mind sharing?
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kirupa
11-09 08:39 PM
Are you submitting all 11 of them? :)
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franklin
04-15 09:19 PM
Just to be clear - where were you born? India or Britain? You can be a British citizen, but if you were not born there, you are counted under the chargeable area of India, not ROW.
There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.
FWIW - you need to maintain status in the US to retain your greencard.
There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.
FWIW - you need to maintain status in the US to retain your greencard.
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krishna_brc
12-18 02:41 PM
Can PERM Labor be filed by an employer for a dependent who is in AOS?
Dependent has EAD and working.
Thanks,
Krishna
Dependent has EAD and working.
Thanks,
Krishna
more...
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Shiddique
01-07 08:45 AM
You left out the crucial piece of info...what is your nationality? What country is your passport from? THAT, not your residency in Sweden, will determine whether or not you need a transit visa. You can use the site below to find out. Just fill in all the blanks and click for the info.
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Kumar Nanada
05-07 02:30 PM
My Case Details:
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD in case if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD in case if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
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ramanan
07-28 02:38 PM
Dear Sir/Mam,
I am presently working in India. My wife is getting an L1 visa approval petition. We need to go to the US consulate for visa stamping.
My question is that 1) Do I need to resign from my current job to get a L2 visa stamping on my passport? 2) If not required, do I need to carry any form or letter from the company that I am on long leave/vacation to show it to the US consulate officier?
Please advice.
Thanks
I am presently working in India. My wife is getting an L1 visa approval petition. We need to go to the US consulate for visa stamping.
My question is that 1) Do I need to resign from my current job to get a L2 visa stamping on my passport? 2) If not required, do I need to carry any form or letter from the company that I am on long leave/vacation to show it to the US consulate officier?
Please advice.
Thanks
Blog Feeds
09-14 05:20 AM
The U.S. Department of State has recently announced that the online registration period for the Diversity Visa Lottery Program for Fiscal Year 2012 (DV-2012) will be from October 5, 2010 until November 3, 2010.
The official online application form is available only on the Department of State Diversity Visa online entry website at www.dvlottery.state.gov (http://immigrationvoice.org/forum/www.dvlottery.state.gov), which will be accessible on the first day of the registration period. The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. For DV-2012, no countries have been added or removed from the previous year�s list of eligible countries.
If you are chosen as a lottery winner, an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.
More... (http://www.visalawyerblog.com/2010/09/dv2011_green_card_lottery_dept.html)
The official online application form is available only on the Department of State Diversity Visa online entry website at www.dvlottery.state.gov (http://immigrationvoice.org/forum/www.dvlottery.state.gov), which will be accessible on the first day of the registration period. The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. For DV-2012, no countries have been added or removed from the previous year�s list of eligible countries.
If you are chosen as a lottery winner, an official letter from the U.S. Department of State Kentucky Consular Center (KCC) in Williamsburg, Kentucky will be sent to the mailing address that you provided in your entry. Being selected as a lottery winner does not guarantee that you will receive a visa; you must still apply and qualify for the immigrant visa. The notification letters will provide further instructions, including information on additional forms and documentation required and immigrant visa application fees.
More... (http://www.visalawyerblog.com/2010/09/dv2011_green_card_lottery_dept.html)
babu123
03-31 05:10 PM
Dear Friends,
I am a derived applicant in my green card process and recently I converted to EAD status from H1B.
My sister is US citizen. I would like to know if I am eligible to file another set of green card application thru family based option that is available. I know its a long queue.
I want to know if I am eligible for this process.
If I am eligible to file, am I eligible to file EAD thru that application as well.
Thanks
I am a derived applicant in my green card process and recently I converted to EAD status from H1B.
My sister is US citizen. I would like to know if I am eligible to file another set of green card application thru family based option that is available. I know its a long queue.
I want to know if I am eligible for this process.
If I am eligible to file, am I eligible to file EAD thru that application as well.
Thanks
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