roseball
07-26 09:11 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
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kumarc123
03-24 04:04 PM
Well they may created it new but the content is old and system needs to be fixed.
You are right, the million dollar question is, when will they fix the system?
You are right, the million dollar question is, when will they fix the system?
jackhardy
02-03 10:37 AM
After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
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Rockey
02-29 01:37 PM
Hello Gurus,
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
more...
Dhundhun
04-05 02:32 AM
As such, there is no grace period and it starts counting towards unauthorized stay (US is somewhat liberal for unauthorized stay for up to 180 days). It should be fine getting H1B transferred ASAP.
After 180 day, reentry can be banned for three years. After 1 years reentry can be banned for 10 years.
After 180 day, reentry can be banned for three years. After 1 years reentry can be banned for 10 years.
continuedProgress
12-27 11:17 AM
- what documentation is required to be submitted to the USCIS about the new job.
Employment letter along with AC21 letter.
- What kind of documentation is required from the employer vs myself
All you need from employer is employment letter.
- When/how soon has this documentation is to be submitted
I am not aware of any deadlines.
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
Check 765 application form instructions on uscis.gov for both above.
- Is it advisable to employ the services of an attorney if we run into issues.
Sure, based on your questions above - an attorney may be useful to you. They can tell you what docs you need, where to get those from and to apply for renewals.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Based on what you have told so far, doesn't seem like those endanger anything.
Employment letter along with AC21 letter.
- What kind of documentation is required from the employer vs myself
All you need from employer is employment letter.
- When/how soon has this documentation is to be submitted
I am not aware of any deadlines.
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
Check 765 application form instructions on uscis.gov for both above.
- Is it advisable to employ the services of an attorney if we run into issues.
Sure, based on your questions above - an attorney may be useful to you. They can tell you what docs you need, where to get those from and to apply for renewals.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Based on what you have told so far, doesn't seem like those endanger anything.
more...
MYGCBY2010
07-23 03:12 PM
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
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sagar_nyc
08-25 10:48 AM
I think Canada is much better option . It's cheaper and convenient. I have heard many success stories of H1 stamping in Canada
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
more...
Blog Feeds
07-08 11:30 AM
AILA Leadership Has Just Posted the Following:
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.
The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.
We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:
It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:
An economic analysis commissioned by the U.S. Chamber of Commerce
concluded that the net societal costs of the program would be $10 billion a year
� a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:
A 2007 independent evaluation of the program commissioned by DHS found that
the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
the requirements for �accurate verification.�
SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
the databases were not improved, SSA database errors alone could result in 3.6
million workers a year being misidentified as not authorized for employment.
This would result in 6 out of every 100 workers having to visit an SSA office to
correct their records or lose their job.
It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:
Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
in nearly 13 percent of all workers being initially flagged as unauthorized for
employment. All of these workers were cleared by Basic Pilot/E-Verify as
work-authorized, but only after �significant investment of time and money�
and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!
https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)
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I_need_GC
10-27 01:25 PM
We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee
more...
gcadream
05-02 03:45 PM
Hi,
I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?
If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.
Waiting to hear back on this ASAP please !!!
I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?
If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.
Waiting to hear back on this ASAP please !!!
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GC_SUCK
08-07 02:50 PM
Just spoke to IO at NSC. Asked about my case. NC is clear and right now processing 09/06 cases so no movement on my case.
Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.
I still do not trust them, but her kind words gave me little hope.
PD- - 04/08/2002 (ROW)
I-140 RD - March 2007 (Approved)
I-1485 RD - March 2007 (PENDING)
Asked if it has chance getting approved by the end of this year. She said, depending on how many visa no. they get from DOS, there are fair chances that it may get approved by the end of this year.
I still do not trust them, but her kind words gave me little hope.
PD- - 04/08/2002 (ROW)
I-140 RD - March 2007 (Approved)
I-1485 RD - March 2007 (PENDING)
more...
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indigo10
04-05 05:28 PM
and it's still valid for almost 2 years.
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
What status are you in now ?
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
What status are you in now ?
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cr125rider
04-16 10:18 PM
I love it *Looks to the left at subname thing*
more...
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deba
08-23 04:38 PM
I was told by consulate staff that the PIO card should be endorsed with the new passport # when you renew your foreign passport. I guess if you are traveling with both the old and new passport it should be ok, since they can verify right there. It is also a hassle endorsing the PIO card everytime you renew your passport. If you try to find out from the embassy/consulate ( that itself is a hassle), they will probably try to sell you for an endorsement. I do not know about the fees. I will be surprised if they didn't have one for endorsement.
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veni001
07-20 05:57 PM
Since the current job requirement is bachelor, your employer can not file GC in EB2.:o
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
more...
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drak70
11-01 12:27 AM
Hi all,
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
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sanjay02
05-31 02:58 PM
Hi
When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?
Thnks
When renewing EAD paper filing not E-file, I had written the check in favor of USCIS instead of "U.S.Department of Homeland security" , do you think there would be a issue for them to accept the cheque?
Thnks
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gcslave
07-08 05:32 PM
Apparently, FP and approvals go in parallel. Checked my case status online, and all 3 of our cases got approved today. The status was set to Decision. I guess it won't go to card production until my wife's FP is done, or maybe my daughter and I will get the card before my wife. Waiting for the snail mail to confirm, seems like an anticlimax after waiting for so many years.
panky72
06-18 04:56 PM
Hi
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
Although you receive 1 yr parole but you still need AP renewal before the current one expires (Oct 16th in your case). I think that the parole stamp on I-94 does not allow reentry into US.
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
Although you receive 1 yr parole but you still need AP renewal before the current one expires (Oct 16th in your case). I think that the parole stamp on I-94 does not allow reentry into US.
BMS1
09-07 09:13 PM
Yes I have seen that before (though I do not remember if it was Williston). At that time, Fedex told me that they have a some sort of bulk pickup arrangement (probably they may not be able to run the scanner after that pickup). But there were no problem due to that for me and my packet was delivered in time.
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