garybanz
08-30 10:10 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
One of my friends did this his green card was approved while he was away, he did not face any issues in returning or converting to GC later.
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joydiptac
04-05 01:43 AM
Know your rights. Don't get scared unnecessarily. You should seek legal advice if you are threatened in any way. If you have not done anything illegal yourself don't be afraid.
Here are some facts which every H1b should be aware of.
Got Pay Stubs? Transferring H1B without Pay Stubs | B'Khush (http://bkhush.com/dev/content/got-pay-stubs-transferring-h1b-without-pay-stubs) .
: J
Here are some facts which every H1b should be aware of.
Got Pay Stubs? Transferring H1B without Pay Stubs | B'Khush (http://bkhush.com/dev/content/got-pay-stubs-transferring-h1b-without-pay-stubs) .
: J
loudobbs
07-18 09:58 AM
I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:
An answer will magically appear after you have contributed to the IV cause.
An answer will magically appear after you have contributed to the IV cause.
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u.misc
01-21 09:58 AM
Hi,
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
more...
lahiribaba
01-22 02:50 AM
http://www.sofiaecho.com/article/investment-in-real-estate-in-us-guarantees-a-green-card/id_34054/catid_68
The purchase of a piece of property in America, a single-family house, a PUD (planned unit development) or a condo (flat within a condominium) will guarantee you and your family a green card. This is one of the extreme measures implemented to help stall the meteoric fall of the United States economy in light of the economic crisis, Bulgarian weekly Stroitelstvo Gradut reported on January 15.
Thirty-five accredited investors will have the opportunity to acquire real estate in the south-eastern state of Florida � by purchasing a house � they will be granted a green card for permanent residence and right of employment for the buyer himself and his/her entire family.
Additional conditions are that the prospective buyer must have a clean criminal record, a good credit record, the ability to present and prove a decent monthly income, and no outstanding financial obligations or credit liabilities. The purchase itself can be done either with cash, bank transfer or monthly instalments, but the financial resource must be proven legitimate.
The US government has allocated 10 000 such visas nation-wide for potential investors in real esate, under a programme approved by the US Congress. Florida's is the first such programme that has actively been given the green light to commence. Specialists in the field argue that this is the best time to invest and purchase property in America, as prices in some states have been slashed by as much as 25 per cent. Experts argue that within three years' time, however, the market will stabilise and prices will rise.
The purchase of a piece of property in America, a single-family house, a PUD (planned unit development) or a condo (flat within a condominium) will guarantee you and your family a green card. This is one of the extreme measures implemented to help stall the meteoric fall of the United States economy in light of the economic crisis, Bulgarian weekly Stroitelstvo Gradut reported on January 15.
Thirty-five accredited investors will have the opportunity to acquire real estate in the south-eastern state of Florida � by purchasing a house � they will be granted a green card for permanent residence and right of employment for the buyer himself and his/her entire family.
Additional conditions are that the prospective buyer must have a clean criminal record, a good credit record, the ability to present and prove a decent monthly income, and no outstanding financial obligations or credit liabilities. The purchase itself can be done either with cash, bank transfer or monthly instalments, but the financial resource must be proven legitimate.
The US government has allocated 10 000 such visas nation-wide for potential investors in real esate, under a programme approved by the US Congress. Florida's is the first such programme that has actively been given the green light to commence. Specialists in the field argue that this is the best time to invest and purchase property in America, as prices in some states have been slashed by as much as 25 per cent. Experts argue that within three years' time, however, the market will stabilise and prices will rise.
lotsofspace
01-09 04:29 PM
bump
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askreddy
06-18 01:05 AM
Hi
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
I was staying in Oregon.I am working in CA for the last one month.
My family still stays in Oregon and will continue there. We also moved to diff apt one month back in Oregon. ( In the same apt complex/zipcode)
I will stay here in CA for couple of months.
Can I give the present address in Oregon for all of my family members Since my family still staying there.
Do I need to give my present address for me in CA. I may be moving to diff apts here depending on project/confort.
Pls advice.
Askr
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Cheran
09-18 12:58 PM
It all depends on their background check and security requirements.
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
I know contractors who work without citizenship, but for a employee it looks like US Citizenship is a basic necessity. Do you have any first hand knowledge? Thanks in advance.
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
I know contractors who work without citizenship, but for a employee it looks like US Citizenship is a basic necessity. Do you have any first hand knowledge? Thanks in advance.
more...
pinganand
07-04 10:35 PM
Hi,
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
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svam77
07-24 03:13 PM
My H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...
Now my labor cert says Software Engr.
I think its not a problem but just want to make sure. My lawyer didnt even care.
Now my labor cert says Software Engr.
I think its not a problem but just want to make sure. My lawyer didnt even care.
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fernandoamat
11-17 09:31 PM
I am a Spanish citizen and I am currently holding an F-1 visa with post-completion OPT that expires in 06/2011. I am working at a company in VA and I got married in Michigan to a US citizen in 09/2010.
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
My company is offering to sponsor me for an H1B visa in order to continue working here after 06/2011. I am also preparing all the paperwork to apply for a change of status to a green card through marriage (I-130/I-485). Can I submit the green card application at the same time as my company submits the H1B request?
I also have to travel outside the US on 05.2011. I know I would have to ask for advance parole in case of green card application or obtain an H1B visa stamp outside the US if the H1 has been processed. What is the best way to be able to travel abroad in these circumstances?
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Ann Ruben
03-29 07:42 AM
First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
more...
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thementor
04-14 11:54 AM
Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Pal,
Thanks for your reply!
I'm not working for my new employer.
New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Pal,
Thanks for your reply!
I'm not working for my new employer.
New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.
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WaitingForMyGC
02-25 02:23 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
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flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
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rag_1970
11-10 08:51 AM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
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snathan
05-19 07:10 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
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05-27 03:26 PM
I tried and tried but could NOT get through to Sen Specter's DC office. I have however contacted Sen Casey's office and spoke to the Gentleman there.
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kirupa
10-20 03:08 PM
wow, really nice! :)
Cheers!
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Cheers!
Kirupa :pirate:
jliechty
March 24th, 2007, 01:34 AM
Thom Hogan has a great web site (http://www.bythom.com/) with reviews of all three of the lenses in question. Check his "recent additions" column on the left for links to reviews for those lenses.
memyselfandus
02-08 01:23 PM
Once H1B is expired; one cannot renew the H1B inspite of 485 under pending. Expired EAD can be renewed but not the H1B.
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