raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
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LostInGCProcess
11-10 09:03 AM
Hi All,
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
1) You can enter US on your H1B visa even though you might have applied for I-485.
2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
1) You can enter US on your H1B visa even though you might have applied for I-485.
2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.
susie
09-27 11:23 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
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ajpreddy
08-23 11:36 AM
I did change my address when my 140 is pending, i did take care of AR11 form and after that you will be given a screen for change of address on the pending applications, i did do that too.
After 3 days LUD was also changed with the new address change, i received a letter from USCIS about the change of my address on file.
My 140 also approved successfully on 08/15/2007
After 3 days LUD was also changed with the new address change, i received a letter from USCIS about the change of my address on file.
My 140 also approved successfully on 08/15/2007
more...
Prashanthi
07-22 05:57 PM
Hello,
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
The USCIS system if often messed up, as long as you have received your approval you are good to work on H-1. In rare cases they may decide to send an notice to revoke after they approve the case since they have overlooked something. I would not worry until i actually get such a notice, also you can have your employer call national customer service to make sure everything is okay with your approval.
snathan
02-28 11:34 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.
Its illegal and you can not attend only online course with F1 visa.
Thank you very much.
Its illegal and you can not attend only online course with F1 visa.
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xZeRo23
06-21 06:54 PM
What is that animal?! O.o
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deba
06-12 04:39 PM
Whoever you choose, please do not go to Keshab Raj Seadie. His office is at 146 West 29th Street, NY. Phone: (212) 571-6002. Aptly named website: greencardmaker.com should be renamed greencardsucker.com
He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.
He is another worthless desi lawyer. Stay away from him! Only interested in taking your money. Poor service and once you have parted with your money good luck getting any timely response by phone or email. I have had very bad experience dealing with his office and don't be fooled by recommendations on his website saying he is very responsive etc.
more...
thomachan72
05-21 01:33 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
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priya777
07-18 01:04 PM
june 12th applicated date.. betweenthey are company checks so i cant track them
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perm2gc
08-28 10:28 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
You can venture business interest even if you are on H1 unless you dont work for that company..
Good Luck With Your Stamping!!!
Thx
You can venture business interest even if you are on H1 unless you dont work for that company..
Good Luck With Your Stamping!!!
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go_guy123
12-16 07:24 PM
Here is my h1b status:
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.
1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.
Now question, it means my H1B visa valid until Aug 2011?
Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.
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ruchi555
03-06 05:50 PM
That's helpful.
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
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dealsnet
11-04 09:46 AM
Why you are giving news about illegal immigration. IV is for legal immigrants.
Don't confuse this issue with ANTI-IMMIGRANTS.
Don't confuse this issue with ANTI-IMMIGRANTS.
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moonrah
07-29 09:31 PM
Again, any help will be appreciated.
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prapro
06-05 10:56 PM
I am talking about I 485 only. In my 485, preparer name, Phone number, E mail address and company address printed but there is no signature and date.
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InTheMoment
11-01 01:57 PM
Certainly not all hospitals and universities must most do fall in the non-profit category.
Check with the HR of that org. to confirm.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
Check with the HR of that org. to confirm.
yes of course
All US universities and Hospitals are non-cap
the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)
changing to cap-subject requires a regular oct-dependent h1b visa again
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hibworker
07-26 03:55 PM
Your situation isn't too tough.
Yes you will need a new F1 visa to re-enter. Nobody knows your chances of rejection, just take all the docs and hope for the best.
If your F1 gets rejected then you can come back on valid H4 - I don't think they will cancel other valid visas. However once you are back here you'll have to again apply for a COS to
F1
Yes you will need a new F1 visa to re-enter. Nobody knows your chances of rejection, just take all the docs and hope for the best.
If your F1 gets rejected then you can come back on valid H4 - I don't think they will cancel other valid visas. However once you are back here you'll have to again apply for a COS to
F1
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jelo
02-10 10:50 AM
Employer shared the copy of the labor filed and the answer to the question was NO. Please share your knowledge on what could have triggered the NOIR and what can be done
Biking
06-08 04:45 PM
I am July filer got 485 RFE
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
First of all, how do you know that RFE is for that mistake?
If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
All the best.
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
First of all, how do you know that RFE is for that mistake?
If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
All the best.
ImmiUser
11-26 07:15 PM
I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?
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