jd123
05-16 11:53 AM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
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bkarnik
10-26 10:03 AM
I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.
Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.
Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.
wandmaker
11-27 05:08 PM
skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.
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lazycis
01-10 08:52 AM
Your status is Parolee for 1,2 and 3
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
Agree on 1 and 2. But it is (c) (9) FILED I-485 for #3. I applied recently with no problem. Include a copy I-485 receipt.
more...
loudoggs
10-27 12:16 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
neeidd
07-31 05:42 PM
There is a Thread already opened by VDLRAO we can use that to honour him for his predictions and analysis on the visa number availability and EB -visas movement.
Can you tell us where that thread is?
Thanks
Can you tell us where that thread is?
Thanks
more...
485Mbe4001
06-08 12:21 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
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sunny1000
07-01 04:14 PM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
more...
looivy
09-02 02:40 PM
Thanks for your responses.
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waiting4gc02
02-28 03:31 PM
Thanks for the suggestion.
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
more...
ramaonline
11-01 04:17 PM
485 receipt notice is required for new EAD or for renewal of existing EAD. Pl send them a copy of the I485 receipt notice document in addition to a copy of the existing EAD card
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good idea
02-17 03:23 PM
Thanks guys... for your replies (for information)... for me it's normal processing...
I hope for the best...
regards...
I hope for the best...
regards...
more...
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vdlrao
03-12 12:38 AM
I dont know whether if any body has already posted this here. Please ignore this if its already been posted.
-------------------------------------------------------
http://salsa.wiredforchange.com/o/5962/blastContent.jsp?email_blast_KEY=66937&t=
Doing nothing is not a solution. Immigrants' List is a political action committee (PAC) dedicated to electing members of Congress who support common-sense immigration reform.
Dear Friends:
Immigrants' List needs your help! We are joining with other immigration reform groups to demand that Congress pass a comprehensive immigration reform bill by participating in the March for America on Sunday, March 21 in Washington, D.C.
The March for America will send a message to President Obama and OUR elected representatives and senators that Americans demand they pass legislation that fixes our nation's broken immigration system, addresses the economic realities of immigration and the essential role that immigrants play in our economy, recognizes the importance of keeping families intact, demonstrates a commitment to fairness, and protects due process of law.
Join us in standing up for immigration reform at the March for America!
March for America
1 p.m.
Sunday, March 21
The Lincoln Memorial
Washington, D.C.
Please forward this message to your family, friends and neighbors in the Washington, D.C. area and ask them to join us in demanding action from our elected leaders.
The March for America needs volunteers! If you live in the Washington area and would like to help, e-mail the march organizers.
If you can't march in person, get updates about the march here.
See you March 21!
Thank you for your continued support,
Amy Novick
Executive Director
Immigrants' List
http://reformimmigrationforamerica.org/blog/march-index/
.
-------------------------------------------------------
http://salsa.wiredforchange.com/o/5962/blastContent.jsp?email_blast_KEY=66937&t=
Doing nothing is not a solution. Immigrants' List is a political action committee (PAC) dedicated to electing members of Congress who support common-sense immigration reform.
Dear Friends:
Immigrants' List needs your help! We are joining with other immigration reform groups to demand that Congress pass a comprehensive immigration reform bill by participating in the March for America on Sunday, March 21 in Washington, D.C.
The March for America will send a message to President Obama and OUR elected representatives and senators that Americans demand they pass legislation that fixes our nation's broken immigration system, addresses the economic realities of immigration and the essential role that immigrants play in our economy, recognizes the importance of keeping families intact, demonstrates a commitment to fairness, and protects due process of law.
Join us in standing up for immigration reform at the March for America!
March for America
1 p.m.
Sunday, March 21
The Lincoln Memorial
Washington, D.C.
Please forward this message to your family, friends and neighbors in the Washington, D.C. area and ask them to join us in demanding action from our elected leaders.
The March for America needs volunteers! If you live in the Washington area and would like to help, e-mail the march organizers.
If you can't march in person, get updates about the march here.
See you March 21!
Thank you for your continued support,
Amy Novick
Executive Director
Immigrants' List
http://reformimmigrationforamerica.org/blog/march-index/
.
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feedfront
09-17 09:55 AM
I have not seen this situation with anybody else on forum. Talk to good attorney, they should help you out.
RFE is time sensitive. So act fast.
Good Luck!
RFE is time sensitive. So act fast.
Good Luck!
more...
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sandeeps92049
08-07 12:44 AM
Hi,
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
I have H1 that is valid till 2011 but when I entered using H1 ( I had EAD and AP also), the visa officer gave i-94 only till Jun 3rd 2009. I did not notice this error at that time. I realized this when my attorney pointed out this while applying for my new AP. The attorney suggested that I should go out of the country and re enter on EAD/AP and start working on EAD. What are my options ?
1) My EAD is valid till 2010
2) My current H1 is valid till 2011
3) My current AP is Valid till August 28 2009
4) My I-94 expired on June 3rd 2009.
5) My H1 visa stamp expired on May 2009
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa ?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
Appreciate a quick response as my AP is about to expire.
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
more...
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sampath
04-17 09:21 AM
www.immigration-law.com
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
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crystal
11-12 04:28 PM
yes
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
My visa is H4 and I got my EAD last month, but my family's I-140 and I-485 on pending, if I use my EAD , unfortunately I-140 we can not pass, is that means I must leave U.S.A. in ten days?
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imcdude
09-15 08:28 AM
Given that you filed in Dec 2002, it is very possible that your labor petition has already been certified or at least adjudicated.
You need to talk to your company/HR and get this resolved. Impress on them the importance of knowing the status of your petition.
You need to talk to your company/HR and get this resolved. Impress on them the importance of knowing the status of your petition.
baburob2
02-13 05:35 PM
Hi
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
Can someone provide me a good CPA who assists in the formation of the corporation in Southern CA , Orange county and also assists in preparation of the business tax?
gman
04-30 09:43 AM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
Thanks in advance.
Thanks in advance.
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