neema
11-29 04:48 PM
I got my H4 stamped first and then applied for H1 while in India. Travelled to US on H4. This is the reason why I cannot work in US without stamping.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?
It is not possible to get the stamping on company "B" if you have H1 from company "A".
You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
What is the validity on the H1 ? Did you get this H1 before you got H4 stamped and before landing in USA on H4 ?
It is not possible to get the stamping on company "B" if you have H1 from company "A".
You can get the stamping done overseas based on the current H1. You can enter US based on that stamping. You are expected to work for that company to transfer teh H1 to a different company. You will be asked to send at least one pay stub (more some times in case of RFE) with your transfer application.
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GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
glus
05-31 12:52 PM
Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.
J
J
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kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
more...
willgetgc2005
03-28 01:39 AM
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
bkn96
02-18 02:09 PM
oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...
so, this is real cool... thanks for sharing your info...
My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.
so, this is real cool... thanks for sharing your info...
My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.
more...
synergy
08-15 11:03 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
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jsb
08-15 02:14 PM
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
more...
RLNY122004
06-15 04:23 PM
see the reply
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
--- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.
2. Did you speak on the phone?
--- see 1
3. When was your name check cleared?
--- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
--- last one on 06/07/2007 was 10 fingers.
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
--- see 1
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
--- I got to go now, I will try to come back online later in the night and answer your questions.TIA
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
--- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.
2. Did you speak on the phone?
--- see 1
3. When was your name check cleared?
--- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
--- last one on 06/07/2007 was 10 fingers.
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
--- see 1
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
--- I got to go now, I will try to come back online later in the night and answer your questions.TIA
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GCplease
03-25 02:21 PM
I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.
The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.
The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.
more...
pitha
01-15 05:43 PM
not to be cynical but what sort of "change" is on the way with CIR, if you are "illegal" sure some good change is on the way, but if you are a legal eb immigrant not sure what is in store for us, it is not necessary to be good with points based nonsense etc.
For sure visa recapture independent of CIR is the best possible outcome.
Anyway lets call lofgren and ask for visa recapture. I have already called and asked, please all of you do the same. It will give her confidence that there is support for it if all of us call.
Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)
For sure visa recapture independent of CIR is the best possible outcome.
Anyway lets call lofgren and ask for visa recapture. I have already called and asked, please all of you do the same. It will give her confidence that there is support for it if all of us call.
Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)
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waitin_toolong
08-08 10:36 PM
they said the decision will be based on the bulletin applicable at the time of approval. what is the date of approval if after Aug 1st then you have a case otherwise you do not.
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like_watching_paint_dry
09-21 03:28 AM
I don't want to derail this thread, but while on the topic, I'm wondering if any of our Canadian friends, or someone in the US who has invested in Canadian real-estate, can provide pointers to good resources to read up about buying something in Canada without being a resident of Canada. The BC area to be more specific.
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valuablehurdle
02-23 04:14 PM
Can anyone tell me which are the states that have in-state tuition fees for the H4 visa holder? It maynot be an exhaustive list but atleast need to start somewhere... Pennsylvania does not allow it... and this is the reason it is becoming increasingly difficult for my wife to keep on studying on my salary.
Answers greatly appreciated...
Answers greatly appreciated...
more...
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pappusheth
05-02 11:51 AM
based on what bbct said, they'll give me i-94 with expiry in Aug 2009 which is my visa expiry date (I don't have AP). just curious.. how does the i-94 expiry date matter? what significance does that date have?
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
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ananthd
09-17 10:25 PM
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
more...
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smidreb
08-04 01:10 PM
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
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snathan
03-31 01:42 PM
You were one of them, if I remember right..
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
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gccovet
11-17 07:57 AM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
_shoonya
11-14 10:44 PM
Deleted
smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
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