bp333
07-11 10:57 AM
Folks,
Pretty soon I'll have to relocate to another city (same job). Wondering if I should continue using my H1B (valid till 2010) or should I use AC-21 to relocate ?
My attorney insists that I use AC-21, and she states that if something goes south during my Adjustment of Status I can re-file for my H1 and she did state the refiling H1 will be exempt from Annual Numerical Limits as I have been on Non-Immigrant visa in the past 6 year and haven't stayed outside the country for over an year.
Is this something I can rely on? Also, what happens to pending AOS(485) if I use this option to refile my H1 from EAD status?
FORM I-129
Part C. Numerical Limitation Exemption Information.
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
Pretty soon I'll have to relocate to another city (same job). Wondering if I should continue using my H1B (valid till 2010) or should I use AC-21 to relocate ?
My attorney insists that I use AC-21, and she states that if something goes south during my Adjustment of Status I can re-file for my H1 and she did state the refiling H1 will be exempt from Annual Numerical Limits as I have been on Non-Immigrant visa in the past 6 year and haven't stayed outside the country for over an year.
Is this something I can rely on? Also, what happens to pending AOS(485) if I use this option to refile my H1 from EAD status?
FORM I-129
Part C. Numerical Limitation Exemption Information.
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
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augustus
07-03 12:12 AM
you are right buddy. My husband was telling me the same thing today. If they can do what they did today, they are capable of pulling any tricks on us. I have also lost trust in this system. I am now more scared than ever for some reason.
I don't feel good about the whole thing that happened today.
I don't feel good about the whole thing that happened today.
vat
12-24 08:22 PM
I have a situation here.
I am on H1B visa and just changed my job in September.
My H1B transfer (thru my new company) was approved and according to USCIS website, they have dispatched my 797-Notice of Action. But I am yet to receive those papers.
Now, I was on extension of H1B earlier (thru my old company), as my stamped visa expired.
Now, my spouse needs to visit India urgently. Can she travel to India with her old I-94 (the one that was stapled on the passport when she entered US the last time) and the other I-94 that she has with the visa extension papers ?? Of course, once we get the new Form 797, I shall also travel to India and we both will get our visa stamping done before we travel back to USA. Please suggest...
I am on H1B visa and just changed my job in September.
My H1B transfer (thru my new company) was approved and according to USCIS website, they have dispatched my 797-Notice of Action. But I am yet to receive those papers.
Now, I was on extension of H1B earlier (thru my old company), as my stamped visa expired.
Now, my spouse needs to visit India urgently. Can she travel to India with her old I-94 (the one that was stapled on the passport when she entered US the last time) and the other I-94 that she has with the visa extension papers ?? Of course, once we get the new Form 797, I shall also travel to India and we both will get our visa stamping done before we travel back to USA. Please suggest...
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ItIsNotFunny
12-08 11:13 PM
I think you need to reapply for H1 again (unless you are transferring your visa category to H4).
Hi,
I wanted to know that suppose i withdraw my H1 ,
then does it means that my H1 is gone?
And if i want to have H1 again if future (say next year) , will i have to go through the lottery again?
Hi,
I wanted to know that suppose i withdraw my H1 ,
then does it means that my H1 is gone?
And if i want to have H1 again if future (say next year) , will i have to go through the lottery again?
more...
gconmymind
08-22 12:40 PM
I filed I-131 for AP renewal around 10th August and received a Biometrics appointment notice for I-485 yesterday. Is there Fingerprinting required for AP? If yes, why is the Case Type on the notice I-485? Or is the FP notice for I-485 and it is just a coincidence that I have filed for AP renewal. My PD will be current next month...
There is no LUD on I-485 case...
There is no LUD on I-485 case...
baburob2
01-13 09:26 AM
Hi
I am trying to analyse the impact based on 245i. Based on it
PIC countries benefited from unused visas a lot till now to have their PD current/move up. So based on that benefit, Also one thing is clear the unused visas if available are country indepedent and are used at the rate of 27% per quarter.
so for example 100K visas are available (which i would enjoy having )27K per quarter is available from the start of the year . Now among this 27K how is the distribution, can it be distributed whichever applicant needs PD IRRESPECTIVE of EB1,EB2,EB3(skilled, professional) Vs EB3 other or does it split by the calculations of EB1, EB2, EB3 with 28% EACH and EB3 other NOT above 10K limit
can someone answer it?
I am trying to analyse the impact based on 245i. Based on it
PIC countries benefited from unused visas a lot till now to have their PD current/move up. So based on that benefit, Also one thing is clear the unused visas if available are country indepedent and are used at the rate of 27% per quarter.
so for example 100K visas are available (which i would enjoy having )27K per quarter is available from the start of the year . Now among this 27K how is the distribution, can it be distributed whichever applicant needs PD IRRESPECTIVE of EB1,EB2,EB3(skilled, professional) Vs EB3 other or does it split by the calculations of EB1, EB2, EB3 with 28% EACH and EB3 other NOT above 10K limit
can someone answer it?
more...
immigration_indian
07-18 03:56 AM
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I have contributed 100 USD ( one time ) towards IV
I would encourage people
" NEVER AVOID joining a struggle because u r one among the million .....remember it is all the ones that have added to make this million"
i will be further contributing
i am very happy about IV
Thank you once more !!!!!!!!!!!
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optimizer
09-28 11:25 AM
Folks,
My GC was applied with employer A in Nov-2005. 485 applied during July 2007 fiasco. Even though I have EAD/AP, I have always maintained H1B status.
Recently got H1B transferred to employer B and its approved for 3 years.
My H1B visa (from employer B) will expire this month.
Can I make a trip to India and re-enter using AP, and still maintain H1B status?
I dont want to go through the hassle of going for H1B visa stamping for 10th to 12th year.
Thanks in Advance.
My GC was applied with employer A in Nov-2005. 485 applied during July 2007 fiasco. Even though I have EAD/AP, I have always maintained H1B status.
Recently got H1B transferred to employer B and its approved for 3 years.
My H1B visa (from employer B) will expire this month.
Can I make a trip to India and re-enter using AP, and still maintain H1B status?
I dont want to go through the hassle of going for H1B visa stamping for 10th to 12th year.
Thanks in Advance.
more...
cjagtap
08-12 06:01 PM
Its okay to file the 485 at either texas or nebraska. Normally the lawyers file 485 to the same center where your 140 got approved. from.
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tabletpc
09-03 03:19 PM
H1b from non-cap to cap cannot be transfered. In order for you to work in private companies, you need to get new H1b by filing in on april 1 st 2009 which will ahve start date of oct 2009. Untill then you are stuck ..!!!
However you can transfer your present H1b to another non-profit h1b. I know the rules sucks..I ahve been in your place and got H1b this time. Can't wait to to get freedom on oct 1st.
However you can transfer your present H1b to another non-profit h1b. I know the rules sucks..I ahve been in your place and got H1b this time. Can't wait to to get freedom on oct 1st.
more...
sunnymit
04-12 01:04 PM
Hey guys, can you please post your experience on how long did it take for the labor to get approved under the PERM process? I am planning to upgrade my GC application from EB3 to EB2 and am looking for this information to plan out my next steps.
Thanks...
Thanks...
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shaikhshehzadali
06-25 12:56 PM
Anyone who filed on 6/7/2007....still waiting for checks to be encashed?
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chanduv23
04-17 08:56 PM
When I click the link above, I get page cannot be found. can you please tell us what is the issue regarding this???
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welcome to iv smsrao ;) ;)
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vivache
06-21 11:58 PM
When I got back from overseas travel this time, at San Francisco, the Customs person took both my AP's and stamped one and gave it back to me and kept the other with him.
I remember previously when I had two AP's one was stamped and the other was returned unstamped.
My AP was multiple entry both times.
I need top travel again next month. Any idea if I can travel on my current stamped AP or there is a problem.
Thanks
V
I remember previously when I had two AP's one was stamped and the other was returned unstamped.
My AP was multiple entry both times.
I need top travel again next month. Any idea if I can travel on my current stamped AP or there is a problem.
Thanks
V
more...
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roseball
03-19 07:22 PM
Based on USCIS's last action rule, the status of an applicant depends on whatever petition is approved last. So, if her H4 is approved after her H1 COS, then she will be on H4.
I am assuming you have applied for H1/H4 extension recently in regular processing. So the chances of her H1 COS getting approved first under premium are higher. So once you get her H1 COS approval, just withdraw her H4 petition.
I am assuming you have applied for H1/H4 extension recently in regular processing. So the chances of her H1 COS getting approved first under premium are higher. So once you get her H1 COS approval, just withdraw her H4 petition.
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rk2006
08-12 10:08 AM
Can some one reply to my post please. My question is regarding EAD only. Once I apply for EAD and go to India what happens
1. If I am not there while it approved? Can my frnd send me the EAD to India?
2. if I get called for finger printing for EAD and if dont go for it? Will my AOS will be treated as abandoned?
1. If I am not there while it approved? Can my frnd send me the EAD to India?
2. if I get called for finger printing for EAD and if dont go for it? Will my AOS will be treated as abandoned?
more...
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rajeshalex
09-16 04:47 AM
Ask your brother to get a leave letter from his company. It should help.
Rajesh
Rajesh
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smohan
07-01 04:20 PM
This Skil bill in HR development looks very exciting....may be this will be the our savior bill. Now senate and house both has similar bills and based upon the trend, it looks there is not much resistance to this new bill.
I hope with in few weeks we, the retrogression sufferers will be out of the dodge.
Your comments please
I hope with in few weeks we, the retrogression sufferers will be out of the dodge.
Your comments please
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ajp5
05-19 11:55 AM
thats correct. On a lighter note....the species called "drug dealers" are particularly vulnerable.
cptbaseball
03-14 09:41 PM
Can we file PERM with a photocopy of Passport that is about to expire in 3 months.
Is it advisable to get passport renewed and then file it or it doesn't matter? My lawyer has asked me to submit copy of my passport along with other document that will go with the PERM application. Just wondering if my lawyer files PERM after expiration date (mentioned in the passport copy) has passed (due to delay in paperwork etc). Or what if lawyer files before expiration date but case is reviewed by DOL/USCIS after expiration date is passed?
Off course, I will apply for a renewal of passport, but just wondering what would happen in the above scenario?
Is it advisable to get passport renewed and then file it or it doesn't matter? My lawyer has asked me to submit copy of my passport along with other document that will go with the PERM application. Just wondering if my lawyer files PERM after expiration date (mentioned in the passport copy) has passed (due to delay in paperwork etc). Or what if lawyer files before expiration date but case is reviewed by DOL/USCIS after expiration date is passed?
Off course, I will apply for a renewal of passport, but just wondering what would happen in the above scenario?
ras
04-09 01:40 PM
I have an approved 140 with Sept 2005 PD
I have an I 140 and I 485 filed with Dec 2006. There is an RFE on this. I want to interfile I 485 with the approved I 140. Is there a possibility and if so what needs to be done.
I have submitted the response to the I 140 RFE. May be I will get a response in 2-4 weeks.
However, if the I 140 gets denied can I still Interfile my 485 with ealrier approved 140?
What are the options open for me to keep my 485 alive?
I have an I 140 and I 485 filed with Dec 2006. There is an RFE on this. I want to interfile I 485 with the approved I 140. Is there a possibility and if so what needs to be done.
I have submitted the response to the I 140 RFE. May be I will get a response in 2-4 weeks.
However, if the I 140 gets denied can I still Interfile my 485 with ealrier approved 140?
What are the options open for me to keep my 485 alive?
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