sledge_hammer
05-05 10:40 AM
See my PM...
anobody? i really need your advice.
anobody? i really need your advice.
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amaze
10-27 03:31 AM
i had no idea. sorry
raysaikat
11-18 12:57 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
Yes. They are independent.
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.
H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
Yes. They are independent.
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed.
You must have advance parole to travel abroad after you have applied for green card. If the green card is approved while you are abroad and you do not have AP, theoretically the green card is considered abandoned.
H1-B VISA is independent of green card. You can obtain an H1-B VISA in a consulate abroad after you have the I-797 (H1-B approval).
What is the best way to be able to travel abroad in these circumstances?
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aworker
02-09 04:11 PM
Please help...
more...
desi3933
02-26 01:24 PM
What is the expiration date for her current H-4 I-94?
gc_chahiye
09-19 05:21 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
more...
chanduv23
03-14 06:02 PM
IV Members from Nebraska,
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
Way to go jnraajan - keep your spirits high, the chapter will evolve.
I think it is time we started our own chapter in NE and get the action going. Members from Nebraska, please respond.
Way to go jnraajan - keep your spirits high, the chapter will evolve.
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WaitingUnlimited
10-09 06:27 PM
Sorry.. Subject should have been "Filing PERM During 6th year of H1"
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
Hi,
I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.
Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).
If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?
Thanks
WA
more...
PHANI_TAVVALA
08-20 04:17 PM
Your wife can start school pending H4 to F1 COS but you cannot change to F2 until her F1 is approved. It is much easier for you to apply F1-COS and simultaneously apply F2 for your wife but the caveat with this is your F1 might not be approved as USCIS expects you to maintain status until you get their decision which in this case you won't.
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Abhishika
12-14 07:46 AM
Administrators?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
more...
madhuri_sri
10-03 01:14 PM
Thanks everyone for the input.
And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
Thanks again.
Madhuri
And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
Thanks again.
Madhuri
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vban2007
09-17 01:53 PM
The case will be sent back to USCIS and they will decide the further action or you can tranfer you H1b to other employers
more...
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indigo10
04-05 05:28 PM
and it's still valid for almost 2 years.
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
What status are you in now ?
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
What status are you in now ?
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doudou
02-25 09:03 PM
Can someone travel with AP with an expired passport? Thank you.
more...
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Kapils573
12-12 06:43 AM
Hello everyone,
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
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SparK_BR
07-09 08:41 AM
i'll pay you 10 bucks to eat it :P
and post a picture of you eating it too!
and post a picture of you eating it too!
more...
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kondur_007
08-18 09:58 AM
Here is my opinion:
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.
First of all, I dont think this is a major deal. You can do one of the two things:
1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).
2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.
I would personally go with option 1 if the nearby international airport is not too far.
In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.
Hope this helps. Good luck.
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Blog Feeds
07-08 11:30 AM
AILA Leadership Has Just Posted the Following:
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
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whattodo21
04-19 10:50 AM
this is good information, thank you.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
siddh_g
05-06 07:30 PM
And how does consular processing help? Can I enter US before getting a GC in this case?
h1vegas
02-02 07:12 PM
I appreciate your response
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