nish
10-06 08:48 PM
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
Thanks for your reply....
I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
During COS process ..I will not be working on project so is this become problem for denial of COS status
Please advice...
Thanks....
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aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
yabadaba
07-10 09:45 PM
great...if thats true.. mine goes to one service center and my wife's goes to another
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h4_optimist
05-07 12:33 PM
guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!
today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!
i cannot reveal my identity or share my personal information in a public forum other than my location which is India.
My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!
if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.
more...
furiouspride
02-11 04:55 PM
If I'm not mistaken, the 485 processing times for TSC are much shorter compared to NSC. My case is at the VSC which is still doing 06 applications. Is there a particular reason behind this or is it just the sheer number of applications that VSC receives?
ita
11-07 03:23 PM
Can I do it over the weekend?
Thank you.
Thank you.
more...
zCool
04-01 05:34 PM
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
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quizzer
11-15 05:32 PM
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
more...
Shivani
02-23 10:54 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
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amsgc
08-22 10:05 PM
You had some numbers there, are they not good anymore?
Msg deleted
Msg deleted
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menezeswayne
12-11 03:05 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
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kumar1
07-18 01:39 PM
------------------------------------------------------------------------------------------------
Please do not use abusive language. - Administrator2
Please do not use abusive language. - Administrator2
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saloni
04-13 06:39 PM
I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
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greencardfever
06-16 08:25 PM
Prior to attending US University X (January 2001 to April 2004), where I got my bachelors degree from, I attended US University Y for a semester (August 2000 to December 2000). I have my I-20 from University X, but I don't have the I-20 form from University Y. Is that going to be a problem in the I-485 stage even though I attended University Y 7 years ago and only for one semester? If yes, can my University Y F1 visa on my passport and/or transcripts act as a substitute for the I-20 form?
Please let me know. Thanks.
Please let me know. Thanks.
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ski_dude12
12-01 11:40 PM
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
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prp925
04-13 06:10 PM
Are you EB2?
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.
Good luck to all IV members who are still awaiting for good day to come.
Thanks,
more...
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priderock
05-31 03:52 PM
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
From the status message it is referred to judiciary committee. So I guess, it is not killed yet.
From the status message it is referred to judiciary committee. So I guess, it is not killed yet.
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Rinsha
04-03 07:56 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
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suavesandeep
01-08 02:51 PM
Even for my wife early last year we had issues in the PA DMV, As some others mentioned not all officers are aware of the rules. We did take the PA Fact sheet print out which clearly mentions that people with EAD should get a 1 yr license extension.
http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
After showing the same, the officer consulted with his senior and did extend the licence. I am guessing even CT should have some official document as above which you should be able to use.
Dont worry i am sure you will get it extended soon.. As others mentioned just your bad luck.
http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
After showing the same, the officer consulted with his senior and did extend the licence. I am guessing even CT should have some official document as above which you should be able to use.
Dont worry i am sure you will get it extended soon.. As others mentioned just your bad luck.
txh1b
08-18 11:15 AM
I am not sure about e-filing. Personally, I think efiling is a hassle as you have to go for a biometric appointment while paper filing or efiling does not make a difference in terms of work/result/timeline. I would recommend paperfiling. No matter how modern the front end is, the back end is all paper based and you will leave the people working on your case with a comfortable medium that they are familiar with if you paperfile. :D
riva2005
05-21 06:01 PM
But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)
Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?
If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.
Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".
Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.
Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?
If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.
Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".
Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.
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