njgcmar03
02-21 03:35 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
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pbuckeye
08-24 07:36 AM
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
Preferably yes, you should apply before the I-94 expires.
However, I am not sure if a new H1B or F2 application MUST be filed before the I-94 expiry date. If the I-94 is expired, it won't be an "extension of H1B status" or "change of status to F-2" but it will be a new visa. So, she can still get an approval, then go out of the country to get the new visa stamped.
P.S. I am not a lawyer.
gcformeornot
02-19 06:10 PM
__
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theshiningsun
06-15 09:38 PM
hi attorneys,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.
now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?
if i apply under EB-5 does that automatically cancel my current GC applied by my employer?
while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)
appreciate ur inputs. thx in advance,
more...
guyfromsg
09-26 10:19 PM
Georgia members please join your state chapter google group. We are growing fast and need more members. Atlatna has lot of skilled immigrants and the strength is not reflected yet ;)
anilsal
12-20 12:10 PM
If you have the LIN number, you can register here:
https://egov.immigration.gov/cris/jsps/index.jsp
This will tell you whether the last status was approval, RFE, denial etc. So based on the status, you can know what the letter was really for.
https://egov.immigration.gov/cris/jsps/index.jsp
This will tell you whether the last status was approval, RFE, denial etc. So based on the status, you can know what the letter was really for.
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gsc999
09-12 02:14 AM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
--
Jazz great work with the blog. Thanks!
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
--
Jazz great work with the blog. Thanks!
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bhasky25
12-21 12:22 PM
I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.
I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.
I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.
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fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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GC_1000Watt
08-07 01:57 AM
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
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ajp5
08-05 04:50 PM
There is just one thing you can do......pray........however gods immigration dept is as slow as USCIS............IV community will attest to that:)
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
Ofcourse you dont need approved h1b to leave the country......only to come back..so if you will be there for a few weeks you can get PP done till then........make sure stamping etc is taken care of before you show up at POE.........
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vikki76
04-05 12:02 PM
me neither though I have donated quite regularly. Well, it is upto Core to decide what to do- I guess. We can keep posting suggestions.
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eb3India
08-22 09:38 AM
I have been following IV ever since itz inception and I really appreciate all the efforts by volunters.
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
However, I feel we have up-hill battle in this current political and economical situation and we need to re-think about startergies and solving current retrogession.
I just want initiate brainstorm, I am not sure if these ideas are discussed before,
Having seen how CIR bill is killed in House, I am very doubtfull about SKILL bill getting passed in house.
getting any pro-immigration (legal/illegal) is a long processes, so can we need to focus on what we can do to reduce the retrogression within current legal framework
like
lobby senators to enforce USICS on following
- Reduce time taken for Security Checks
- Try to consider 245i cases in a different catagory than EB3
- Try recapture unused visa numbers from 2003-04-05
- issue EAD/AP for three years
- remvoe per country quota
- allow to apply for I485 if I140 is approved, ( I know this is controvesial but we can try)
These simple things could reduce retrogression if not completly resolved
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crazyghoda
08-17 06:06 PM
.... for 4 years. It was expiring in Dec 2009 and they renewed it till Dec 2013. No questions asked about immigration status at all. I did have to show a utility bill to show my new address and that was it. Paid $10 and got my license.
Chicago rocks!
Chicago rocks!
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gchopes
12-15 09:08 AM
Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?
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bigboy007
11-17 06:22 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
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ranand00
09-01 08:41 PM
Hi I am a Physical therapist on H4.
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
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askreddy
06-19 12:45 AM
Thanks CoopHeal.
Others Any suggestions?
Thanks
askreddy
Others Any suggestions?
Thanks
askreddy
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snathan
03-02 02:23 PM
I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Would you mind to tell the basis for EB1...?
Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.
Urgent help will be greatly appreciated.
Would you mind to tell the basis for EB1...?
GotFreedom?
10-06 07:26 PM
If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.
lorebarba27
07-30 04:04 AM
According to new regulations only jobs on Job Zone Five can apply for EB2???
If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.
Please advise,
If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.
Please advise,
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