pbuckeye
08-23 10:34 AM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
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TO BE OR NO TO BE
07-20 10:58 AM
Its not a surprise to anyone who is member of this forum that how efficient PEBC works!! As a matter of fact I have an excellent example here with my Labor Certification, which I wanted to share with you all.
My company just received a latter titled as "Confirmation of Withdrawal" which states that your Labor Processing Application filed in November xx, 2004 is withdrawn, as requested by your letter dated August xx, 2004.
Isn't that amazing that they are so swamped and desperate in eliminating the backlog that they do not know the chronological order of the dates also?
Backlog Elimination Centers' are the biggest waste of Taxpayers Money, I think.
My company just received a latter titled as "Confirmation of Withdrawal" which states that your Labor Processing Application filed in November xx, 2004 is withdrawn, as requested by your letter dated August xx, 2004.
Isn't that amazing that they are so swamped and desperate in eliminating the backlog that they do not know the chronological order of the dates also?
Backlog Elimination Centers' are the biggest waste of Taxpayers Money, I think.
toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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techbuyer77
09-24 08:50 AM
Thanks for the response div. I did think it was too good to be true. It is.
ssn for green card holders is without restrictions, It does not have any banner on them
ssn for green card holders is without restrictions, It does not have any banner on them
more...
karthiknv143
09-16 02:59 PM
Processing dates are bogus.. Don't rely on that.
searchGreen
02-15 08:43 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". Isn't the word "equivalent supposed to mean closeby or related as electronics engineering that we had was more like computer engineering
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
Appreciate advice.
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
Appreciate advice.
more...
anandrajesh
01-31 10:07 PM
Correct, donot waste your time predicting, rather use it for packing your bags!!
Absolutely... As days go by, i am inclined more on packing my bags and leaving, than pursuing my American Dream.
All these predictions are joke. Dont waste your time. Admins should close this Thread.
Absolutely... As days go by, i am inclined more on packing my bags and leaving, than pursuing my American Dream.
All these predictions are joke. Dont waste your time. Admins should close this Thread.
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GCBoy786
06-28 05:45 PM
I am about to mail the documents for my EAD and AP renewal.
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
more...
ajju
08-25 06:36 PM
No E2 (EB2) consular processing cases were scheduled by mumbai consulate.
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Probably they've separate pdf for EB appointments or following USCIS bi-specialization strategy :-) Good find anyways...
Mumbai consulate - Consular Processing appointments
September
http://mumbai.usconsulate.gov/uploads/images/eKYmGhGmUU2-9o2l0sVwDg/IV_APPNTS_0908.pdf
August
http://mumbai.usconsulate.gov/uploads/images/ijH_SNSNIxW4rcRSdtw44Q/IVAPPNTS0808.pdf
Give me a green dot if you can.
Probably they've separate pdf for EB appointments or following USCIS bi-specialization strategy :-) Good find anyways...
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interfile
08-26 05:51 PM
Can somebody post the procedure and/or the sample/format of a letter to USCIS requesting to interfile?
Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?
Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?
more...
kanshul
02-08 09:39 AM
At this time there is no certainity.At the rate in which dates are moving in EB2 India (1 month move in a year) your PD will be current after 10 years. You may not even consider coming here then.
More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.
Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)
I do wish you all the best.
More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.
Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)
I do wish you all the best.
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gc_chahiye
09-19 05:21 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.
more...
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neeidd
11-12 04:39 PM
Where do I look for that in my profile?
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
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mrdelhiite
07-12 08:17 AM
This USCIS fisco seeps have more twists than Anna Nicole Smith case.
here you another angle to it:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Repost. Please close this thread.
Thanks
-M
here you another angle to it:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Repost. Please close this thread.
Thanks
-M
more...
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desi3933
08-11 04:46 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
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gc_maine2
03-27 03:21 PM
:D:D:D::D LOL
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
more...
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mallik_msin
01-07 03:14 PM
To All,
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
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Administrator2
11-07 04:53 PM
Dear IV Members,
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
For those of us who have followed the immigration debate for last couple of years, we know that Stuart Anderson is one of the few sane voices when it comes to high skilled immigration.
Stuart has recently published a complete book on Immigration and how it applies to business and economics. The book also covers important background and relevant history of the Immigration bills, key players and how the events around us affect us all. Here is the link to the recently published must read book by Stuart -
Amazon.com: Immigration (Greenwood Guides to Business and Economics) (9780313380280): Stuart Anderson: Books (http://www.amazon.com/Immigration-Greenwood-Guides-Business-Economics/dp/0313380287/)
Thanks,
Team IV
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maheshf
03-19 11:45 PM
Gurus Here is my situation:
1) I am in my 4th year of H1-B still valid
2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
3) Have approved EAD and AP
4) My Current company was a joint version between company A-B . differnt name X
5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X
What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.
Please Advise
-Mahesh
1) I am in my 4th year of H1-B still valid
2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
3) Have approved EAD and AP
4) My Current company was a joint version between company A-B . differnt name X
5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X
What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.
Please Advise
-Mahesh
GCchaos
10-23 09:27 AM
Hi everyone,
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
smuggymba
05-12 09:38 PM
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
not sure if I understand your question correctly.
not sure if I understand your question correctly.
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