Ahjeet
12-03 06:03 PM
Hi, your experience with visa rules will help me make a better decision. Here's my situation,
H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.
An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?
Please advice, and thank you. - Ahjeet.
H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.
An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?
Please advice, and thank you. - Ahjeet.
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BMS1
09-07 09:18 PM
What I meant to tell you was that though my packet was addressed to Saint Albans, fedex tracking showed that it was rerouted and picked up at the nearby town address (probably Williston)
sunny1000
11-26 07:14 PM
Yes, the number will be the same.
Just want to confirm if both needs to be surrendered
I have always surrendered both (done it 3 times so far) as it says on the I-797 that it will delay the re-entry if I did not surrender the one printed on it.
Just want to confirm if both needs to be surrendered
I have always surrendered both (done it 3 times so far) as it says on the I-797 that it will delay the re-entry if I did not surrender the one printed on it.
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thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
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485Mbe4001
03-04 12:46 AM
Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.
Socal members,
Can we do that on some weekend..
Socal members,
Can we do that on some weekend..
maddipati1
08-06 09:31 PM
reason is people started creating threads like this
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diptam
08-12 11:27 PM
Hope this helps ..
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
Ans> If you attorney sent the app he will receive RN. I will receive ( if it at all comes ) at my home because i didn't hire an attorney.
2. Will it be a letter or an email from USCIS?
Ans > Letter in USPS mail.
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Ans > If she has an valid H1B let her take the new offer by transferring H1B( if that company does H1B transfer) . EAD can be kept in lockers.
As long as she sent the latest I-797 when the AOS was applied that should be fine. Worst case USCIS may ask the new I-797 in an RFE.
Really appreciate your answers!
Thank you very much!
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Almond
09-15 07:17 PM
Visa bulletin date is set to April 01 for Oct 09 bulletin. For Sep 09 bulletin, EB3 is U
I thought it was June 1st, 02?
I thought it was June 1st, 02?
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rb_248
01-31 08:28 PM
don't waste your time predicting.
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Anders �stberg
April 8th, 2004, 04:12 AM
Thanks for the suggestions Fred! I applied a bit more sharpening to the head, I think it's not so OOF looking now. I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.
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sammyb
11-09 03:01 PM
http://www.murthy.com/nflash/nf_051607.html
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Even if the law prohibits it, still companies pass fees and costs to the employee...
The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.
Even if the law prohibits it, still companies pass fees and costs to the employee...
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desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
more...
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
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MONCYS
03-28 07:05 PM
I think your employer should cooperate with you by not withdrawing your I-140.
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD but 485 < 180 days
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zone.zo786
04-23 05:28 AM
No one here could possibly know. The FULL price is probably going to be around $900 a month. But his employer would pick up, usually at least half the cost for HIS coverage - or around $250ish.
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voldemar
10-23 09:39 PM
Hi Folks:
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
My son "traveled" on AP for almost 6 months.
Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?
Thanks
My son "traveled" on AP for almost 6 months.
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gc_check
04-25 10:00 AM
The president can do very little about this. Indeed he tried. It is the congress .
Did he Really try ? It is a question for debate... Well, he promised something in the first year of the presidency, Well, for Immigration Reform !! Hope and help is still on its way !!! Change is yet to come !!! I do not think, he really put his all or this was one of the agenda with higher priority. Just my 2 cents ! It is just another blame game
Did he Really try ? It is a question for debate... Well, he promised something in the first year of the presidency, Well, for Immigration Reform !! Hope and help is still on its way !!! Change is yet to come !!! I do not think, he really put his all or this was one of the agenda with higher priority. Just my 2 cents ! It is just another blame game
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bigboy007
11-17 06:22 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
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wandmaker
04-01 10:01 PM
Hello everyone,
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
Junky
11-11 11:41 AM
ItIsNotFunny,
Thanks for starting this thread. I have just sent all the four letters even though I am not planning to use the AC21. But I feel sorry for fellow EB's who got rejected because few IO did not know about the AC-21. I get really :mad: P***** O** to see that ppl who are playing by rule have to face hardship at freak'n every stage of GC.
Thanks for starting this thread. I have just sent all the four letters even though I am not planning to use the AC21. But I feel sorry for fellow EB's who got rejected because few IO did not know about the AC-21. I get really :mad: P***** O** to see that ppl who are playing by rule have to face hardship at freak'n every stage of GC.
chanduv23
09-25 04:58 AM
September 27th is Thursday, please attend the conference call.
Details available in the State Chapter. Please join the chapter by following the link in my signature
Details available in the State Chapter. Please join the chapter by following the link in my signature
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