Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
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qualified_trash
11-14 08:01 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.
while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.
while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!
dupedinjuly
07-18 05:00 PM
You Status date needs to be before USCIS receipt date.
USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
Status date = I-94 Issue date.
You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07
Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?
It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.
I-485 Courier Mailing address for Nebraska Service Center
USCIS Nebraska Service Center
850 S Street
( Ref: P. O. Box 87485 )
Lincoln, NE - 68508
Find out the right Courier address for your service center if its not Nebraska.
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
USCIS Receipt Date = Date the USCIS mail room assigns on the working day, when package is received.
Status date = I-94 Issue date.
You can come on August 15 at 11 pm, but if your filight is late by an hour then, you I-94 issue date will be Aug 16. ? You are cutting it too close.
I have not heard of them looking at time, they go by date. If you are in at 12:01 am then your date will be 8/16/07
Not clear if the I-94 is issued on Aug 16 and receipt date is Aug 16, then what will happen ?
It would be safe to mail the application on Aug 16 by Fedex with USCIS receipt date of Aug 17, it will take care, if your filight is delayed.
I-485 Courier Mailing address for Nebraska Service Center
USCIS Nebraska Service Center
850 S Street
( Ref: P. O. Box 87485 )
Lincoln, NE - 68508
Find out the right Courier address for your service center if its not Nebraska.
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
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jonty_11
10-23 01:08 PM
Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
I guess that is teh only option u have...
I guess that is teh only option u have...
more...
Templarian
04-24 08:33 AM
^SDL is not really that confusing at all. And he will have to learn it at one time or another, and why limit a program to one OS.
Plus he said he wanted to make slide out menu's and after a week will be able to do that and probably more.
Plus he said he wanted to make slide out menu's and after a week will be able to do that and probably more.
buehler
07-06 10:03 AM
I thought that Kaiser was only for Western States. Is it there for other places also?
more...
indyanguy
07-31 11:02 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? :)
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vamsi_poondla
11-10 01:59 PM
At your own risk unless you perform other 'important' stuff like coding, debugging and testing as part of your job functions apart from IT Project Management.
I would speak with my future employment HR and ask them enhance the designation to the one that matches what you specified in your labor.
I would speak with my future employment HR and ask them enhance the designation to the one that matches what you specified in your labor.
more...
amslonewolf
03-14 12:49 PM
Just emailed mine.
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cris
08-30 10:59 AM
now, I'm really confused . Based of the last comments, she or he (I'm not familiar with indian names- sorry ) travelled outside USA while application for extension was pending . and got approved AFTER arrival .
guys, there is something, somewhere to read or to get a proper information ?
guys, there is something, somewhere to read or to get a proper information ?
more...
hojo
09-04 09:12 PM
awesome, thanks for the tutorial, thats mighty handy Jubba
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chanduv23
10-26 06:54 AM
Try
http://immigrationvoice.org/forum/index.php
and then click on "new posts"
looks like they are fixing this issue
http://immigrationvoice.org/forum/index.php
and then click on "new posts"
looks like they are fixing this issue
more...
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kurtz_wolfgang
08-15 01:23 PM
I would suggest Jonty, not to waste your time. I posted the question in general. It wasn't specific to you. If anybody is free and feels like, they can answer.:rolleyes::cool::cool::cool:
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thomachan72
09-29 02:31 PM
While leaving India is there any place we can declare saying this gold we are taking out of india.
This way when we enter back in india , we can show evidence that the gold was purchased in india itself and no hassels from customs.
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
This way when we enter back in india , we can show evidence that the gold was purchased in india itself and no hassels from customs.
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
more...
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wrldnw4me
05-26 11:32 AM
Thanks for the great work by the IV Core Team, QGA and all Senators and their staff.
Thanks once again
Thanks once again
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a2006
11-29 12:05 AM
Some Qatar air flight transit through London. In that case you will need a transit visa.
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
more...
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slc_ut
01-18 10:30 AM
I've visited the local IRS office again. A different official told that only passport is enough for a foreign national to get the ITIN number. The W7 form needs to be submitted with the tax filing documents.
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bestofall
12-30 09:56 PM
How did you find out , that files are assigned to I/O
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dtekkedil
07-02 11:34 PM
I can do it...
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
bugmenot
07-21 08:02 PM
Damn I am going to be pissed off if he gets a green card before I do.
beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time
beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time
jsb
08-03 10:09 PM
I applied in July, RD Jul 2nd. TSC
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?
Havent seen any changes on my case status. my name check hasn't cleared yet. I called and spoke with an IO, she said name check wasnt cleared, wouldnt tell how long its been with FBI. I asked about the 180 day name check rule and she said it doesnt matter they still woudnt work on the case till NC was cleared.
How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?
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