baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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Aura M.
01-14 04:05 PM
SO, the company will have to obtain a LCA for Eta 9035E before I-129??? kind of confused!!!!!!!
why LCA is envolved when is the visa that is expiring????
why LCA is envolved when is the visa that is expiring????
solaris27
06-05 04:41 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
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gc_kaavaali
08-24 10:27 PM
Don't worry..Apply for EAD replacement Card immediately...You can work for 90 days based on EAD replacement Receipt Notice.
Hi All,
I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.
thanks
Hi All,
I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.
thanks
more...
lenkasz
01-13 06:46 PM
Hi,
I entered us on J-1 visa, then changed my status here to F-1. I went to school only for one semester, then I had to take off because of pregnancy, and later taking care of newborn twins. So, I had been out of school for 3 semesters. But my international student advisor told me I could still come back now without having to apply for reinstatement.
I don't know how he did it, but he said he had given me some extensions.
Anyway, i would like to travel home (Europe) after next semester. I know I willl have to apply for student visa over there to ba able to come back.
But might there be a problem either with obtaining that visa or here at the airport because I had been out of school for so long and have already kids who are american citizens. Their father is US citizen too, but we can not get married right now, as he is still not divorced.
Thank You
I entered us on J-1 visa, then changed my status here to F-1. I went to school only for one semester, then I had to take off because of pregnancy, and later taking care of newborn twins. So, I had been out of school for 3 semesters. But my international student advisor told me I could still come back now without having to apply for reinstatement.
I don't know how he did it, but he said he had given me some extensions.
Anyway, i would like to travel home (Europe) after next semester. I know I willl have to apply for student visa over there to ba able to come back.
But might there be a problem either with obtaining that visa or here at the airport because I had been out of school for so long and have already kids who are american citizens. Their father is US citizen too, but we can not get married right now, as he is still not divorced.
Thank You
fromnaija
04-13 05:18 PM
IF he transfers to a function that is significantly different than his approved labor certification he may have to restart his GC application by filing a new LC application. However, since GC is for future job and if his employer will agree for him to go back to his previous practice then he may continue with current GC process and change when 485 is approved.
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
more...
skmurthy
05-28 05:10 PM
Great! Thanks a ton for your help.
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optimizer
03-22 11:42 AM
Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
more...
delhikadesi
12-20 11:15 PM
so you are saying that it took 1 year for USCIS to send you NOID?
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
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Blog Feeds
06-03 03:40 PM
VIA AILA
FOR IMMEDIATE RELEASE:
Wednesday, June 3, 2009CONTACT:
George Tzamaras
202-507-7649
<a href="mailto:" gtzamaras@aila.org"="" style="color: rgb(51, 102, 153); ">gtzamaras@aila.org
ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:
AILA praises decision by Attorney General to withdraw Matter of Compean.
WASHINGTON, DC*� The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process�Due Process, in the immigration court system.
AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. �The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,� said Charles H. Kuck, president of AILA. �By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today�s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.�
###The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
More... (http://ashwinsharma.com/2009/06/03/aila-praises-decision-by-attorney-general-to-withdraw-matter-of-compean.aspx?ref=rss)
FOR IMMEDIATE RELEASE:
Wednesday, June 3, 2009CONTACT:
George Tzamaras
202-507-7649
<a href="mailto:" gtzamaras@aila.org"="" style="color: rgb(51, 102, 153); ">gtzamaras@aila.org
ATTORNEY GENERAL HOLDER RESTORES DUE PROCESS FOR IMMIGRANTS INJURED BY INEFFECTIVE REPRESENTATION:
AILA praises decision by Attorney General to withdraw Matter of Compean.
WASHINGTON, DC*� The American Immigration Lawyers Association (AILA) welcomes the restoration of due process in the Immigration Court system. Attorney General Eric Holder today withdrew the decision issued by former Attorney General Mukasey on the last day of the Bush Administration, which had eviscerated the right to effective representation in Immigration Court proceedings. Attorney General Holder had stated during his confirmation process that he would review the Mukasey decision and that he disagreed with its reasoning. AILA is grateful for this restoration of a basic constitutional process�Due Process, in the immigration court system.
AILA commends Attorney General Holder for living up to his word, and for his clarity of understanding of not only the constitutional principle of due process, but also for the boldness with which he acted today. �The restoration of the prior standard for claiming ineffective representation in immigration court proceedings is a welcome sign that the Obama administration understands that the rights that apply to the least of us, apply to all of us,� said Charles H. Kuck, president of AILA. �By ensuring that immigrants seeking relief from the harsh consequences of deportation are assured that they will not be punished by the ineffective actions of their counsel, Attorney General Holder has reset the standard that the Constitution ensures. Today�s action, along with the other positive signs from the Administration signal that a restoration of our most sacred principles of justice has begun.�
###The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
More... (http://ashwinsharma.com/2009/06/03/aila-praises-decision-by-attorney-general-to-withdraw-matter-of-compean.aspx?ref=rss)
more...
BNB326
08-21 01:06 PM
What are the changes of getting approval by changing H1 to F1 and H4 to F1? Do i need to be in status during their review period of COS (H1to F1) or i can start scholl after filling COS.
Thanks
Thanks
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caprianurag
11-06 09:27 AM
Hi Guys
I got two LUD's after FP.
What does that signify?
How do I know when my application has been sent to FBI for namecheck?
Thanks
-AJ
I got two LUD's after FP.
What does that signify?
How do I know when my application has been sent to FBI for namecheck?
Thanks
-AJ
more...
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avantika.nandamuri
04-07 07:04 PM
I have valid H1 visa with Company A till sep 2009. I have applied for h1 transfer to company B in june 2008 and it's still pending without any RFE. I got an offer from Company C. Can I transfer my H1 to company C, when H1 transfer with company B is pending? Company A has revoked my H1. will that in any way affect my h1 transfer??
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makemygc
06-19 12:37 PM
Title of your thread scared the hell outta me. I thought this month's VISA bulletin was a "mistake" and they put the dates back to 2003... :( what a nightmare....
I thought exactly the same...you people.:D
I thought exactly the same...you people.:D
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ssdtm
11-20 11:00 AM
- If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
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blake
03-06 11:57 PM
I currently live in Kingsland, GA... right beside Jacksonville, FL
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jsb
09-05 10:09 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
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waitin_toolong
02-08 12:46 PM
H4 time has been decoupled from H1 time but L1 time still counts against you so it will be 72 months -40 months
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canmt
11-14 07:43 AM
Guys,
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
My I-485 status changed to below. I did not receive any email from USCIS regarding the update. Is this normal?
Current Status: Card production ordered.
we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I have not received the card as yet, any ideas as to how long it is going to take?
needhelp!
10-12 11:01 AM
for TX members!
martinvisalaw
09-09 09:57 PM
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
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