chanduv23
05-08 10:24 AM
There are situations when a h1b transfer or extension is granted but the approval notice does not have a i 94 atttachment that adjusts your extension to stay till the end of your petition date. In such a situation, the benificiary has to go to his home country for stamping and then come back.
The best thing you can do in your case is to approach murthy's firm and get a paid consultation.
The best thing you can do in your case is to approach murthy's firm and get a paid consultation.
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deardar
09-14 03:41 PM
i meant the quality was like, that perhaps my computer is messing it up
surachi
01-16 04:00 PM
Any updates on this issue?
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
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lacrossegc
01-02 02:14 PM
By the looks of things as they are.....A very very long shot .... atleast 3-4 yrs to file I485.
Sit tight and best of luck
Sit tight and best of luck
more...
coolngood4u80
10-20 12:12 PM
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
vinabath
07-31 11:05 AM
Damn.. with this fear of what might happen to our I485s, it becomes almost natural to everyone not to use their EAD and maintain their H1 status. It sucks not to be able to enjoy the benefits even when we have it!! or am I overreacting? :)
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
more...
OLDMONK
07-27 05:12 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.
http://www.uscis.gov/files/form/i-539.pdf
As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.
http://www.uscis.gov/files/form/i-539.pdf
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Alabaman
08-21 02:52 PM
If your calculations are right then this is really really bad.
more...
GlobalCitizen
07-26 09:05 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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geevikram
11-25 01:09 PM
It is still worth fighting for..I will make it to DC.
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casinoroyale
03-10 12:23 AM
I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?
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smuggymba
10-20 05:49 PM
you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
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lostinbeta
09-06 04:01 PM
There are multiple ways of doing it. I use your way, but I was trying to go a way that was easier to explain so if anyone who is new to photoshop read this, they would understand.
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valuablehurdle
01-18 10:37 AM
Ria,
This not correct. if you are on H visa in USA, you can definitely apply for Canadian Landed Immigration. In order to maintain your immigration in Canada, you have to stay atleast 2 years in Canada in a 5 year period.
Moreover, in order to fulfill your citizenship requirement, you have to be physically present in Canada for atleast 3 years.
I hope this helps.
A Canadian Citizen.
---------------------------------------------
This not correct. if you are on H visa in USA, you can definitely apply for Canadian Landed Immigration. In order to maintain your immigration in Canada, you have to stay atleast 2 years in Canada in a 5 year period.
Moreover, in order to fulfill your citizenship requirement, you have to be physically present in Canada for atleast 3 years.
I hope this helps.
A Canadian Citizen.
---------------------------------------------
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unseenguy
05-16 03:49 PM
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.
As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
There is nothing to be scared of in the interview. If you are skilled immigrant from any country and your case is genuine, what are you scared of in the consular interview? Attorneys here will always ask you for I485, sure it helps most people than those filing CP , but there is also economic advantage to attorneys suggesting this option.
As I said, those from non retrogressed countries can file concurrently, also those countries such as India which are experiencing wide swings in visa bulletins are able to file concurrently. If I140 is NOT approved and date is current, it makes sense to file I485 as it gives you additional protections by law.
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chandra140
08-24 09:34 PM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
more...
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newuser
12-02 10:10 AM
I had a similar issue six months ago.
I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.
Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.
Hope you get the documents on time.
I booked the tickets after seeing the approval notice online hoping that the documents will reach me in about a 3-4 days. It took more than 8 days by regular mail and I have to cancel my travel plans.
Since the documents are mailed already, they won't allow to take an Infopass to go to the local service center. USCIS said that I have to wait until 30 days to raise a request.
Hope you get the documents on time.
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NIW
08-31 12:15 PM
As illusions said, Lou has shot himself in the foot once again. Pehaps Lou should come out of his illusion and see the real world before he confuses his eye for his foot.
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kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
larmani
04-29 01:50 PM
Did you already applied for H1 extention and got RFE or you are just assuming you might get RFE. I recently applied extention for another 3 years and got it successfully. Our AOS is also pending. So dont worry. Anyway it is you choice to use EAD and extend every year.
mss007
04-21 03:05 PM
I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
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