kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
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iwantgc
09-11 06:34 PM
I've been a silent avid reader of this website and I'm also among those EB3 retro victims. I'm starting a thread about what I read from shusterman website " there's no chance getting an immigration bill inacted before November election" and see what's everyone's opinion on this.
iwantgc
iwantgc
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martinvisalaw
06-12 05:18 PM
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.
My 2 cents.
Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.
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nik.patelc
02-18 08:39 PM
I just noticed that your PD date is Nov 2004 EB2. I am just curious that CIS is processing case with PD NOV 2004 in March but March 2009 bulletin show EB2 Feb 2004.
Would you share details when did you get GC interview?
Would you share details when did you get GC interview?
more...
div_bell_2003
06-22 12:43 PM
Your H1B extension has no value till 09/24/10 when it becomes active.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
akmypoints
11-04 01:26 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
more...
chanduv23
09-14 03:37 PM
Follow Your Heart
Lets Go To Dc
Everyone To Dc
Lets Go To Dc
Everyone To Dc
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glus
11-06 01:49 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
more...
andy_8214
09-15 07:52 PM
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
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talduk
March 24th, 2005, 01:21 AM
Hi all,
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.
Please please advice. :(
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.
Please please advice. :(
more...
mikrupee
05-02 11:58 AM
I am in similar situation.
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
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retropain
08-18 02:05 PM
what do u mean go back in line? theyare supposed to be processed like that (LC processing is a different creature though)
more...
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anai
08-21 11:05 AM
PD Nov 2004
RD July 2 2007
ND Sep 2007
NSC, EB2-I
RD July 2 2007
ND Sep 2007
NSC, EB2-I
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paskal
12-19 03:38 AM
absolutely
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
more...
pictures Dio Wallpapers (Naver)
pappu
07-17 09:44 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
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kshitijnt
05-05 12:36 AM
No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.
more...
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gondalguru
09-29 11:43 AM
09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
* Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
* Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.
What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.
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Jaime
09-20 01:30 PM
In our next rally (hopefully soon) we should all carry placards, but they should read only ONE strong message, along the lines of:
"WE ARE ALREADY LEGAL AND HIGHLY-SKILLED IMMIGRANTS, STOP LUMPING US WITH ILLEGALS AND END THE 10-YEAR GREEN CARD WAITS"
but shorter and more catching
WE MUST EDUCATE PEOPLE AND CONGRESS!!!! ENOUGH WITH THEIR APATHY IN GETTING TO KNOW WHO WE REALLY ARE!
"WE ARE ALREADY LEGAL AND HIGHLY-SKILLED IMMIGRANTS, STOP LUMPING US WITH ILLEGALS AND END THE 10-YEAR GREEN CARD WAITS"
but shorter and more catching
WE MUST EDUCATE PEOPLE AND CONGRESS!!!! ENOUGH WITH THEIR APATHY IN GETTING TO KNOW WHO WE REALLY ARE!
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redcard
09-01 08:57 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
Yes,, that's true. You dont need to wait for the USCIS Receipt.. the Fedex delivery receipt is enough for you start working...but it is considered safer to wait for a week before you start working.. because USCIS would have banked the check by then for the fees and that usually the check would have the receipt no on the back.. but again you dont have to wait for this..the fedex ack is enough to start work
Please reply its kind of urgent for me.
Thanks.
Yes,, that's true. You dont need to wait for the USCIS Receipt.. the Fedex delivery receipt is enough for you start working...but it is considered safer to wait for a week before you start working.. because USCIS would have banked the check by then for the fees and that usually the check would have the receipt no on the back.. but again you dont have to wait for this..the fedex ack is enough to start work
glamzon
07-19 12:56 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
brawn81
08-11 10:45 AM
Hi WillWin,
Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..
Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..
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