LondonTown
06-19 01:04 PM
Hi
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.
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LostInGCProcess
09-02 10:53 AM
^^bump^^
senk1s
06-04 01:43 AM
I dont know - but call uscis and ask - also you may take an infopass appointment and find out what to do in such cases
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
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upuaut8
08-21 11:11 AM
Sorry, I got distracted with a couple other things. I'll look for the 3D creation I made. Thanks for the reminder
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americandesi
09-04 02:16 PM
To all fellow GC applicants and immigration gurus.I have this question to ask.I recently got my I-140 and applied I-485 (Aug 1 2007).
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
My employer is moving office to new address.How will it effect my future GC process ?. Thanks in advance
If the company is moving within the same county then no issues.
If it's moving to a different state (or) to a different county within the same state, then refer the following thread
http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7
Remember, the prevailing wage differs from county to county even within the same state.
ashwaghoshk
07-27 10:00 PM
I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.
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GCHope2011
02-27 04:20 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
Thank you very much.
If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.
Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.
2010 Take out the hot pants!
beautifulMind
07-26 01:44 AM
Has anyone requested premium processing of I-140 based on expiry of the sixth year of H1B. My 6th year H1B expires next month and I think I am eligible for premium processing.
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indianabacklog
03-22 11:22 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
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hmehta
06-07 06:03 PM
Unfortunately, nobody can predict this.
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anurakt
01-15 09:19 PM
Pack bags or continue with slavery :) :)
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number30
05-15 10:51 AM
Are they also getting new I-94 every time...:confused:
I forgot that. they Do not need new I-94 every time. But I remember We were asked to put all Entry to Canada on I485 papers . I use to go Toranto Every week at that time.
I forgot that. they Do not need new I-94 every time. But I remember We were asked to put all Entry to Canada on I485 papers . I use to go Toranto Every week at that time.
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rameshk75
02-14 06:52 PM
Here is my suggestion:
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
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ras
06-30 06:28 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
more...
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dskhabra
04-02 01:12 PM
I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.
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looivy
05-15 01:07 PM
I am looking for a cheap lawyer in Chicago area who will be willing to do basic paperwork for Canada immigration. Please suggest.
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ImmiUser
12-01 03:04 PM
Thanks for the response. Someone mentioned to me that you can not file two I-485If you file a new I-485 the the old one is revoked, is that true ?
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same_old_guy
07-10 02:53 PM
Where have you been ?!
DOS issues in on 6th July and no one know why they did it ! As somene said, may be they have now learnt how to stich 2 html pages together !
About legal implications, we dont know that yet. But we will once AILF class action suit will be over, won't we ?
DOS issues in on 6th July and no one know why they did it ! As somene said, may be they have now learnt how to stich 2 html pages together !
About legal implications, we dont know that yet. But we will once AILF class action suit will be over, won't we ?
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gcformeornot
01-29 05:52 PM
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
pani_6
04-30 11:49 AM
This site has been a hope for lot of us in dark tunnel..sometimes the only hope..From couple years now...
Thank you immi-law for all you efforts...!:)
Time for gratitude ...
Thank you immi-law for all you efforts...!:)
Time for gratitude ...
uma001
11-20 07:06 PM
OP sounds unrealistic