desi3933
05-14 11:41 AM
......
My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
......
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
.
My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
......
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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roseball
10-15 04:07 PM
I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.
Jeff Wheeler
11-27 04:04 AM
I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there’s not a Windows port at the moment, because of the underlying audio libraries, but it’s all C# stuff).
Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.
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glus
10-09 01:07 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
more...
arundhati_datta
07-08 06:14 AM
Hello ASh027,
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
I do have same query since I got a offer from teksystem and not sure if i join them would i be in the same trouble during AC21. Can i even do AC21, what should i do.
Anyone please advice, what happens if i join this contract position, leaving my perm job since they are not able to give me projects and not paying either. So later on once this contract is over and if I join a perm job, will there be any questions if I do not do AC21 now.
Please help. Is there any chance of getting my I-1485 rejected. I-140 approved 3 years back and Got EAD 2 years back too.
chanduv23
09-04 04:18 PM
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
If 485 gets denied because of 140 revocation after 180 days, it is erroneous and has to be resolved through MTR. H1b is very useful in such cases as you can continue to work while you seek resolution through MTR. If on EAD it gets risky because you cannot work when MTR decision is awaited.
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
If 485 gets denied because of 140 revocation after 180 days, it is erroneous and has to be resolved through MTR. H1b is very useful in such cases as you can continue to work while you seek resolution through MTR. If on EAD it gets risky because you cannot work when MTR decision is awaited.
more...
gc007
01-08 01:09 AM
I don't have any reference as such but as has been told earlier by someone..
""Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!""
..... I was just wondering if the officer at the time of re-entry stamps the date on the I-94 with current approval date on the passport instead of the new approval then it may be req to get your extention upon the expire of that date.
Again this is something an attorney can tell for sure.
.
""Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!""
..... I was just wondering if the officer at the time of re-entry stamps the date on the I-94 with current approval date on the passport instead of the new approval then it may be req to get your extention upon the expire of that date.
Again this is something an attorney can tell for sure.
.
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glosrfc
11-26 11:20 AM
@TheCanadian, glos is a cunning one. :look:
Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:
But it was fun making them and I've had some ideas for new themes!
Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:
But it was fun making them and I've had some ideas for new themes!
more...
nixstor
02-21 02:15 PM
Dec 21st 06. Is that really true? On , there are many people in Nov who havent got it approved yet. I know, those guys might not have updated after their extension was approved.
Is there any one in here who is before Dec 21st and got it approved? It sounds unbelievable to me because it moved from Oct 31st to Dec 21st (51 days?? )
Is there any one in here who is before Dec 21st and got it approved? It sounds unbelievable to me because it moved from Oct 31st to Dec 21st (51 days?? )
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indyanguy
10-19 07:52 PM
Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.
If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.
But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.
Hope this helps.
Sanjay.
Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."
I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.
If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.
But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.
Hope this helps.
Sanjay.
Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."
I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.
more...
chanduv23
04-27 10:44 PM
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
This is your own theory.
In reality there is no consistency.
This is your own theory.
In reality there is no consistency.
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dealsboy
07-19 10:27 PM
Trance,
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
more...
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nixstor
02-23 02:14 PM
my case was recieved Dec 07. (H1B extension)
The website says they're processing Dec 21
However checking my case status, it still says received and pending
How come?
The processing times are just a rough estimate. Most of the times H4 extensions are approved along with H1 extensions. There is a 1 month difference between these two. I think it might got to do some thing it as well. Call USCIS and ask them. There might not be a better response but sometimes you get lucky and talk to a Immigration officer.
The website says they're processing Dec 21
However checking my case status, it still says received and pending
How come?
The processing times are just a rough estimate. Most of the times H4 extensions are approved along with H1 extensions. There is a 1 month difference between these two. I think it might got to do some thing it as well. Call USCIS and ask them. There might not be a better response but sometimes you get lucky and talk to a Immigration officer.
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belmontboy
11-09 06:02 PM
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
That would be the view of Dr BalKrishna Matapurkar.
There is no accepted literary evidence to support his views. If so, please point me to that
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
That would be the view of Dr BalKrishna Matapurkar.
There is no accepted literary evidence to support his views. If so, please point me to that
more...
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hpandey
06-12 10:19 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
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GooblyWoobly
07-18 06:14 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
more...
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amitga
04-27 06:00 PM
Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
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nb_des
04-14 11:51 AM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.
I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.
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Curious_Techie
09-30 10:54 AM
Yes NSC with WAC receipt.
EB2-I PD Aug 2005.
I did applied for EAD & AP renewal in mid August.
Still on H1B. 2010 validity
EB2-I PD Aug 2005.
I did applied for EAD & AP renewal in mid August.
Still on H1B. 2010 validity
NKR
06-04 05:02 PM
They might not send one to you if you request over the phone, this is for your own security since you keep hearing about cases where personal identity is stolen. If you have an online account, log in and send a request from there, they might send it to your email for a nominal fee though I am not sure. I got mine from Bank of America for 10$
ajcates
11-24 11:28 AM
I want the kawoosh one to win mainly because of the cool name.
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