roseball
07-20 05:47 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
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EndlessWait
01-15 07:51 AM
Why is VSC processing so slow..anybody in the same shoes waiting for processing from Vermont. There was a time a normal H1 processing was done in 2 months. Now I've heard it is taking upto 8 months...oh god!
Karthikthiru
09-20 10:08 AM
I heard this NPR news while I was driving to office. The reporter really differentiates Skilled legal immigrants and Unskilled illegal immigrants. A good one
Thanks
Karthik
Thanks
Karthik
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ek_bechara
10-01 04:49 PM
Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.
I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)
I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)
more...
CT_Green
11-07 02:14 PM
As long as you have maintained status there is nothing to worry?
I had a question regarding H1 visa stamping. If my I-40 is approved when I am out the the country and I have also to get my visa stamped for H1. Is there a chance of H1 being denied since the 1-40 is already approved. Any insights will be appreciated. Thanks.
I had a question regarding H1 visa stamping. If my I-40 is approved when I am out the the country and I have also to get my visa stamped for H1. Is there a chance of H1 being denied since the 1-40 is already approved. Any insights will be appreciated. Thanks.
tanaysengar
02-22 05:15 PM
I turned out to be my I-485 approval notice!
I just received it yesterday.
Thanks all.
Freedom1.
---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?
I just received it yesterday.
Thanks all.
Freedom1.
---------------------------------------
Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?
more...
mdipi
11-01 07:39 PM
input?
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Nagireddi
05-21 07:35 PM
It should be printed on both sides of the same page I have just sponsored my parents, inlaws and uncle and aunt(Total 6 people at the same time). All of them got 10 yrs visa.Though I have provided all documents, they did not bother to look in to those papers. They have been asked simple questions and given their visa.
more...
masti_Gai
01-05 08:02 AM
No one can make a decision for ya... based on the historical data, both EB2 & EB3 are doing bad especially in regards to your PD. So just flip a coin or think of your favorite God and make a decision. You have no other choice.
If we make your choice and if thingz didn't work out you'll surely blame us.. won't ya???:)
If we make your choice and if thingz didn't work out you'll surely blame us.. won't ya???:)
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ken
04-09 03:04 PM
I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.
more...
javadeveloper
03-28 01:27 PM
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
What I heard from others is:
1.If we owe money to State/Fed then it may be a problem
2.No problem if we are supposed to get money from State/Fed
I May be wrong , but check with others too
WIll it effect my immigration status.
What I heard from others is:
1.If we owe money to State/Fed then it may be a problem
2.No problem if we are supposed to get money from State/Fed
I May be wrong , but check with others too
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leo2606
09-26 09:12 PM
Hey GC_SUCK,
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
Do you rememeber what is the status description for 09/10/07 - 09/11/07 LUDs?
Here are details
PD: 04-08-02 - EB3-ROW
Concurrent Filing: 140(PP)/485/EAD/AP - 03-23-07
I-140: Approved on 03/30/07
FP:05/11/07
EAD:Card Received in mail on 06/21/07
AP:Notice Mailed on 06/21/07
485 LUD (Last Update):
03/31/07 - 05/11/07 - 05/14/07 - 09/10/07 - 09/11/07
I485:APPROVED - 09/18/07
I485:Approval Notice Mailed - 09/21/07
Card Received - 09/24/07
more...
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ivdude
10-02 02:00 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
Did you hand over PR Cards to canadian govt or nothing has to be done.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
Did you hand over PR Cards to canadian govt or nothing has to be done.
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vallabhu
09-10 10:04 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
more...
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bestia
11-10 03:56 PM
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
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leoindiano
08-01 03:06 PM
these 4 are already there, Looks like some consulting company duped USCIS and Obama...
* A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
entering all your cases under one login, this is already there....
* Simplified navigation and improved search capability.
this may be new
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
email and text, this is there already, what they really improved...
* Information that is written clearly and meets the needs of our customers.
we have to wait and see..
* A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
entering all your cases under one login, this is already there....
* Simplified navigation and improved search capability.
this may be new
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
email and text, this is there already, what they really improved...
* Information that is written clearly and meets the needs of our customers.
we have to wait and see..
more...
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ek_bechara
10-01 04:49 PM
Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.
I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)
I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)
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indyanguy
01-14 09:15 PM
Why dont we start an entrepreneur thread here on IV. I know it does not go in line with IV's goals, I can set up a forum real quick and we can get a group going there.
Sounds like a good idea to me. As far as I know, there are a lot of IV members showing interest in this topic.
Sounds like a good idea to me. As far as I know, there are a lot of IV members showing interest in this topic.
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starlite
07-21 11:33 AM
As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
sledge_hammer
06-10 05:34 PM
What if my employer does not respond at all.
Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.
What are the chances for the extension? there must be some way.
Chances - slim!
How can I buy some more time so that I can find some other way around?
There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.
Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.
What are the chances for the extension? there must be some way.
Chances - slim!
How can I buy some more time so that I can find some other way around?
There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.
reddymjm
08-10 09:53 AM
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.
Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.
If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.
I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.
Need more PM me.
Good luck.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.
Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.
If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.
I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.
Need more PM me.
Good luck.