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RamBharose
03-13 01:48 PM
I think he is suggesting whether he can keep applying for h1b till he gets a approval starting with extension
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wandmaker
02-17 06:18 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
In this economy you need to generate good revenue - this is a good revenue for Indian missions'.
BTW, As far as I heard from Indian Consular Officer in Chicago - Indian Mission has a right to issue a 1 year passport, if (1) Your previous passport had < 10 yr validity or (2) you are on a temporary visa (like visiting or tourist) trying to renew it in overseas or (3) you have not stayed outside India continuously for 3 years.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
In this economy you need to generate good revenue - this is a good revenue for Indian missions'.
BTW, As far as I heard from Indian Consular Officer in Chicago - Indian Mission has a right to issue a 1 year passport, if (1) Your previous passport had < 10 yr validity or (2) you are on a temporary visa (like visiting or tourist) trying to renew it in overseas or (3) you have not stayed outside India continuously for 3 years.
wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
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shishya
11-30 05:52 PM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
more...
sudiptasarkar
04-23 11:50 AM
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
s_r_e_e
07-09 12:23 PM
google
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
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fran5477
04-04 10:36 PM
I have been looking topics like this one. Does anybody know if H-1 H-4 can apply for financial aid? does it come up during GC process as goverment aid and therefore could put you GC approval in danger of being rejected? I read somewhere a list of federal help we can use and be OK. Does someone know where to find info?. I have a daighter H-4 who starts college this year. She qualifies for in state tuiton. Does this affect her GC process? You never know when issues like this will surface along your process. I don't want to make any mistakes. Is someone in similar situation?
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vin13
05-28 12:47 PM
IVians,
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
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MIK18
01-14 10:46 AM
HI,
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
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johnykah1
01-18 07:18 PM
My case is like this....
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
more...
MrZ
10-25 03:02 PM
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
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milind70
07-31 05:37 PM
I applied my I-140 in february, 2007. In their system it's showing that it'd been received in FEb 8, 2007. and the case is still pending. As a EB3 from bangladesh when can i expect the approval. Lots of applications those were sent after mine have already been approved. I didn't receive any RFE or anything till now. Can anyone please help me with the update....
thanks ahead....
140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485
thanks ahead....
140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485
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03-02 12:09 PM
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06-15 04:00 PM
Mine was 4 dyas.. June 1'st week 2007.
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vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
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hpandey
01-21 09:25 AM
If he went on vacation after getting the AP then ask him to use the AP to get back . He can still maintain his H1 status even if he comes back on AP.
more...
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dilbert_cal
06-24 09:24 PM
If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
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jhaalaa
05-07 02:49 PM
Try nationally reputed folks:
Ron , Shusterman.com , Murthy.com , Rajiv Khanna
Local OK/TX try
1. Farzaneh, Amir M at OKC
Hall, Estill, Hardwick, Gable, Golden & Nelson, A Professional Corporation
Hall Estill Law Firm; Oklahoma, Tulsa, Arkansas, Oklahoma City, Washington, D.C. - Hall Estill (http://www.hallestill.com/)
2. ROHIT SHARMA at OK, TX
Tulsa Oklahoma US Immigration Law Firm | Family, Estate Planning & Business Attorney (http://www.sharmalawfirm.com/)
3. T. Douglas Stump & Associates at OKC
T. Douglas Stump, lawyers in Oklahoma City, OK, Oklahoma (http://www.usvisagroup.net/)
4. Elaine Martin at Dallas, TX
Immigration lawyer expert Dallas Texas and nationwide (http://www.martinvisalaw.com)
Not good experience with
Solano
Leblang and Associates
Ron , Shusterman.com , Murthy.com , Rajiv Khanna
Local OK/TX try
1. Farzaneh, Amir M at OKC
Hall, Estill, Hardwick, Gable, Golden & Nelson, A Professional Corporation
Hall Estill Law Firm; Oklahoma, Tulsa, Arkansas, Oklahoma City, Washington, D.C. - Hall Estill (http://www.hallestill.com/)
2. ROHIT SHARMA at OK, TX
Tulsa Oklahoma US Immigration Law Firm | Family, Estate Planning & Business Attorney (http://www.sharmalawfirm.com/)
3. T. Douglas Stump & Associates at OKC
T. Douglas Stump, lawyers in Oklahoma City, OK, Oklahoma (http://www.usvisagroup.net/)
4. Elaine Martin at Dallas, TX
Immigration lawyer expert Dallas Texas and nationwide (http://www.martinvisalaw.com)
Not good experience with
Solano
Leblang and Associates
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gnutin
04-02 03:24 PM
Choose "An Indian citizen resident in the US" and it will let you choose any consulate you like.
If you are a resident in the US there are no issues in going to Chennai.
If you are a resident in the US there are no issues in going to Chennai.
nlssubbu
11-29 11:38 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
visli_com
08-07 04:46 PM
I did same thing I called them and they fixed it, I already got approvel for EAD.:)
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