ash_79
08-26 10:46 PM
Hi All ,
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
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samiam
04-27 06:18 AM
Thanks for your answer. I think it is time to pack then. I am here from 1998. 140 cleared. My Labor was filed in May 2003.
laksmi
12-12 06:23 PM
You are not supposed to work on EAD until unless it�s renewed that is sure, you can work on H1B for your H1B employer if H1B is not revoked.
I suggest a attorneys advice on H1B once.
I suggest a attorneys advice on H1B once.
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neeidd
07-15 12:23 AM
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icecolor
09-12 09:01 AM
What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
saurav79
04-02 01:56 AM
Hi. I have been on H1b with Company A since May, 2008. My visa and I797 are valid till Sept 24, 2009. There is no bench/pay roll break in my employment. I want to transfer my H1b to Company B. Should I use premium processing or regular processing? I have heard that many premium processing cases get a RFE. Is it true? This is particularly important given the bad economic landscape and news/rumors of large number of H1b transfer/extension refusals.
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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.
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ssdtm
11-20 01:06 PM
>>>>>>2 H1 is possible as long as the hours you propose are within justification.
Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.
>>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer
The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.
Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.
>>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer
The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.
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Nagireddi
06-18 10:13 PM
Hi EB3Retro,
I promise I will be with IV till we acheive all our goals.
I promise I will be with IV till we acheive all our goals.
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AmericanDreamZ
10-19 01:36 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
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cool4maverick
01-11 08:36 PM
It is really tough to get EB2 without work experience. Requiring a foreign langauge usually does not qualify for EB2 category automatically.
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dvb123
01-11 09:10 PM
I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
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HRPRO
03-08 03:55 PM
It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.
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B+ve
04-13 05:09 PM
Thanks ksrk and kshitijnt
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udaykaran
05-15 07:10 PM
http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
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sury
11-08 04:53 PM
I got the document in mail in 5 business days after approval from TSC
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up_guy
04-09 11:50 AM
This is my understanding PERM has no fees to department of labour. Is that right ?
Can employee may attorney fees for PERM ?
Can employee pay I-140 fees for USCIS ?
Can employee pay I-140 fees to attorney ?
I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?
Can employee may attorney fees for PERM ?
Can employee pay I-140 fees for USCIS ?
Can employee pay I-140 fees to attorney ?
I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?
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hibworker
12-15 02:48 PM
Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
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asiulek
09-12 07:33 PM
I did work on J1 part time 19 hours a week on campus while I was a student but I did not mention it.
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
Cmartin
03-06 08:54 PM
Actually I have an L2 not an L1...hence the need of an EAD before the green card...
beautifulMind
04-22 02:38 PM
so what do we do now..How can we get the accurate wage
http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2
if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage
O*Net� JobZone: NA
http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2
if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage
O*Net� JobZone: NA
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