a_yaja
01-16 09:27 AM
Hi,
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
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sbeyyala
06-23 06:11 PM
Hi,
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
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gcnirvana
04-20 11:29 AM
I am not sure about the voting schedule but the immigration bill will be debated in the Senate during the last two weeks of May.
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
--------
I read this in USA Today:
Senate Majority Leader Harry Reid, D-Nev., has set aside the last two weeks of May for debate on an immigration bill; House Democrats hope to act before the August recess.
--------
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javadeveloper
11-24 02:03 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
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stones
06-30 10:14 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
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lazycis
01-12 07:53 AM
I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
AILF mandamus litigation page has one successful case where wait was less than 2 years (Li Duan v. Zamberry, No. 06-1351, 2007 U.S. Dist. LEXIS 12697 (W.D. Pa. 2007) - 16 months).
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
more...
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chanduv23
10-13 07:37 AM
Jaime - my friend - I am in for another rally. What worries me is that, there is still a lack of motivation from the immigrant community. We need atleast 50,000 skilled workers rallying in DC.
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BharatPremi
10-10 09:29 AM
[QUOTE=ronhira;2013124]tarikh pe tarikh.... tarikh pe tarikh.... kaab taak????? QUOTE]
:D Perfectly relavent dialogue. Sunny Deol might not have a clue that he is representing the anger and frustration of EB3-India lot but ofcourse completely in a wrong court in a wrong country.:D
:D Perfectly relavent dialogue. Sunny Deol might not have a clue that he is representing the anger and frustration of EB3-India lot but ofcourse completely in a wrong court in a wrong country.:D
more...
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mygc2006
06-14 11:58 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
Yes, you can keep EAD and H1 at same time..
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
Yes, you can keep EAD and H1 at same time..
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Anders �stberg
October 6th, 2005, 03:25 AM
Very nice photos, I like the reflections and the wing positions. You could clone out the poop if you want to.
I use extension tubes on my 500/4 as well as the 100-400 to reduce the near focusing limit. If you can get close enough it's a great way of increasing the magnification (and filling the frame more).
The pictures below were taken with 500/4 + 1.4x + 36mm tube
http://www.dphoto.us/forumphotos/data/647/JH5Q5689_Gulsparv.jpg
http://www.dphoto.us/forumphotos/data/647/JH5Q5666_Talgoxe.jpg
and 100-400 + 20mm (I think) tube.
http://www.dphoto.us/forumphotos/data/1326/Snake_4537.jpg
I use extension tubes on my 500/4 as well as the 100-400 to reduce the near focusing limit. If you can get close enough it's a great way of increasing the magnification (and filling the frame more).
The pictures below were taken with 500/4 + 1.4x + 36mm tube
http://www.dphoto.us/forumphotos/data/647/JH5Q5689_Gulsparv.jpg
http://www.dphoto.us/forumphotos/data/647/JH5Q5666_Talgoxe.jpg
and 100-400 + 20mm (I think) tube.
http://www.dphoto.us/forumphotos/data/1326/Snake_4537.jpg
more...
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Munna Bhai
01-30 09:33 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.
Answer:Yes, you can transfer, do it as soon as you can.
Answer:Yes, start new PERM+I-140 and get extension for 3 years.
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meridiani.planum
03-12 06:38 PM
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
more...
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a_yaja
01-02 01:52 PM
Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).
Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?
Thanks !
It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.
Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?
Thanks !
It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.
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krishnam70
11-20 03:51 PM
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
Right on the money.
Regards,
Right on the money.
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forgerator
06-08 09:27 AM
Hi Bhatt,
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
you should get a lawyer man. Friend of mine paid $3500 for a good lawyer to process the paperwork when he won the GC lottery, he got all the peace of mind in the world, and his GC soon thereafter.
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
you should get a lawyer man. Friend of mine paid $3500 for a good lawyer to process the paperwork when he won the GC lottery, he got all the peace of mind in the world, and his GC soon thereafter.
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abhisam
07-25 03:47 PM
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
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desi3933
02-14 08:29 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
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lostinbeta
10-21 03:57 AM
You have quite the interesting life rev.
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humdesi
05-31 10:37 PM
In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.
gbof
01-30 11:32 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
please, see your PM
please, see your PM
caforum2
08-24 02:04 PM
Name: Ravi
City/Area: Chicago, IL
Question:
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. My new job require Master degree and 5 years of experience. I have acquired my master degree before joining my new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available.
Can I get my H1Bvisa transferred to new employer if he is willing to sponsor?
Can I file another i 485 under EB2 as my new job requires Master degree?
City/Area: Chicago, IL
Question:
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. My new job require Master degree and 5 years of experience. I have acquired my master degree before joining my new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available.
Can I get my H1Bvisa transferred to new employer if he is willing to sponsor?
Can I file another i 485 under EB2 as my new job requires Master degree?
