mmk123
08-13 10:55 AM
All,
My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.
Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).
Also, please can you specify the USCIS rule under which it is applicable?
Thanks,
M.
My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.
Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).
Also, please can you specify the USCIS rule under which it is applicable?
Thanks,
M.
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nviren
04-12 05:36 PM
This is very good.
Anybody coming to the site for the first time want to evaluate what you are, where you are going and where did you reach. This link will provide some inputs for them to evaluate "Where did you reach"
Media people visiting IV will also know what you were written about.
And I guess there are quite a few of them.
Anybody coming to the site for the first time want to evaluate what you are, where you are going and where did you reach. This link will provide some inputs for them to evaluate "Where did you reach"
Media people visiting IV will also know what you were written about.
And I guess there are quite a few of them.
tancot
05-18 10:33 PM
Thanks for your reply.
One more query, if I go to India while my petition is pending. I will need to get new H1 stamped.
Can there be any issues when I go for stamping?
One more query, if I go to India while my petition is pending. I will need to get new H1 stamped.
Can there be any issues when I go for stamping?
2011 have a hat like thisLol
reddy2cool
08-20 11:29 AM
Hi all,
I got married in March 08. My wife is on H1 before marraige and working at Minenapolis but after the marraige she always stayed here(found a diff project) with me in DC. The mistake (i think) we didnt paid much attention the to the update on the address or the maritul status on paystubs and as of now both our paystubs show our older addresses and single status (as we thought we can file a joint return at the year end where we can do all adjustments). Now that my date is current and applying spouse as derivative will this raise any rfe (ofcourse i have the marraige doc)? As such iam not to bothered about the rfe per se as ours is a genuine marraige but iam worried whether these rfe will lead to extreme delays (i have seen cases) and whether anybody encountered this kind of scenario before pl post your experience.
Appreciate your opinions on this.
I got married in March 08. My wife is on H1 before marraige and working at Minenapolis but after the marraige she always stayed here(found a diff project) with me in DC. The mistake (i think) we didnt paid much attention the to the update on the address or the maritul status on paystubs and as of now both our paystubs show our older addresses and single status (as we thought we can file a joint return at the year end where we can do all adjustments). Now that my date is current and applying spouse as derivative will this raise any rfe (ofcourse i have the marraige doc)? As such iam not to bothered about the rfe per se as ours is a genuine marraige but iam worried whether these rfe will lead to extreme delays (i have seen cases) and whether anybody encountered this kind of scenario before pl post your experience.
Appreciate your opinions on this.
more...
fromnaija
07-23 10:47 AM
That is correct. If your employer is enrolled in E-verify then he needs to updated your information in that system otherwise just keep the form for record.
One correction - the employer does not update anything in E-Verify. It is a read-only system to the employers to verify the authenticity of document provided by employees.
One correction - the employer does not update anything in E-Verify. It is a read-only system to the employers to verify the authenticity of document provided by employees.
shahpeerally
12-04 09:17 PM
Re: #1
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
Good question.
The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.
Re: #2
Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."
Section 2.5 should be "c."
more...
Jimi_Hendrix
01-01 04:35 PM
As I understand a new bill has to be introduced in Senate and in House of Representatives. Both these bills will have to be passed and then reconciled for differences.
Is it true that all CIR legislation that was introduced in Senate last year is now dead and that a new bill will have to be introduced in Senate as well?
Is it true that all CIR legislation that was introduced in Senate last year is now dead and that a new bill will have to be introduced in Senate as well?
2010 and funny hats. Now?
raysaikat
12-06 08:00 AM
Is it possible to get F1 status adjusted to H1 without going for a H1 stamping?
Yes. If you have your H1-B approval notice with a start date, say Feb 1, 2008, and I-94 cards with it, then you will automatically be on H1-B from Feb 1, 2008 (assuming that you have valid F-1 status still Jan 31, in this example. OPT is F-1 status).
If your H1-B approval came without I-94 cards, then you need to go out of the country to adjust status.
Yes. If you have your H1-B approval notice with a start date, say Feb 1, 2008, and I-94 cards with it, then you will automatically be on H1-B from Feb 1, 2008 (assuming that you have valid F-1 status still Jan 31, in this example. OPT is F-1 status).
If your H1-B approval came without I-94 cards, then you need to go out of the country to adjust status.
more...
jediknight
08-06 06:59 PM
Here are my case details
EB3 - 485 filed in Sept 2007 for me and spouse
My spouse now has a approved I140 in EB2.
Can we "interfile" and use my I485 app and interchange the dependents. I understand that we will have to use the 2010 priority date.
Or should we file new I485s that make the spouse primary and me dependent.
If "interfiling" is possible, how long does it generally take?
Thx,
JK
EB3 - 485 filed in Sept 2007 for me and spouse
My spouse now has a approved I140 in EB2.
Can we "interfile" and use my I485 app and interchange the dependents. I understand that we will have to use the 2010 priority date.
Or should we file new I485s that make the spouse primary and me dependent.
If "interfiling" is possible, how long does it generally take?
Thx,
JK
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mm1
10-16 10:00 PM
Can anyone please tell, can the employee be trained by the employee before activation of visa i.e. 1st of October. The employer is not paying employee any wages for his training. Can his training be legal ? Is he allowed to sign any documents on behalf of the company during this training ?
more...
fatboysam
09-04 08:09 PM
I am in US on h1b through change of status from l1b , i am going to India on vacations , so will have to stamp my h1b visa.
I was going through form DS160, i have some questions
1. . US point of contact information ? can i give contact of my friend or it has to be someone in my company ?
2. Monhtly salary in Local currency ? do i have to convert my current US monthly salary to Rupees ?
Thanks
I was going through form DS160, i have some questions
1. . US point of contact information ? can i give contact of my friend or it has to be someone in my company ?
2. Monhtly salary in Local currency ? do i have to convert my current US monthly salary to Rupees ?
Thanks
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rockstart
09-26 12:16 PM
HI All,
My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.
I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..
Could Pls some one suggest the best course of action..
thanks
mars
Hang in there it takes 5 working days to get the LCA approved once you send the FEIN details.
My H1 will expire by the end of October and my employer has applied for LCA on First week of Sept and it got denied. (the status on iCert shows as Denied). My employer has sent the FEIN Info and waiting for info from DOL.
I am not sure how long we will wait for DOL to respond back on this .. Do we need to reapply for LCS as i need to apply for H1-extn before end of October..
Could Pls some one suggest the best course of action..
thanks
mars
Hang in there it takes 5 working days to get the LCA approved once you send the FEIN details.
more...
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anon123x456z
11-02 04:31 AM
Hello ,
I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.
My questions are:
1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?
2) Will there be any issue at Port of Entry ? Has anyone done this before ?
3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?
Thanks in advance !
I entered USA in Dec. 2007 on H4 Visa valid till April 2010. I got my H1B approved in October 2008. I worked for few months, and due to bad economy I do not have any project since last 5 months and also no paystubs. I would like to change back to H4 status. But I understand that filing for change of status from within US might require latest paystubs. So I am planning to go to my Home country this month ( Nov 2009 ) and return in Jan 2010.
My questions are:
1) The H4 visa stamp on my passport is valid till Apr 2010. So can I simply enter USA with the same stamp and valid H1b petition from my spouse to get the new valid I-94 in H4 status?
2) Will there be any issue at Port of Entry ? Has anyone done this before ?
3) If this can be done then once I get valid I-94 with H4 status, Do I need to file any other form in addition like I-539 to be in proper status ?
Thanks in advance !
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GCNirvana007
09-06 12:14 AM
my gc is filed under eb3 India PD march 2007
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
GC has got nothing to do with your work, who told you that
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
GC has got nothing to do with your work, who told you that
more...
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Tarang
12-27 10:03 AM
I had the same problems 3 weeks back for B'bay. We had to submit all papers atleast 5 days in advance to VFS office in Ahmedabad. They refused to accept my papers. I had to cancel that application and submit a new one with Regular H1B instead of Visa Renewal. Luckily, VFS accepted my application papers which i sent to my relatives in email. I signed the papers once i reached consulate.
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vvicky72
08-07 02:03 PM
How do i find out if a RFE has been issued on a case?
Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
I saw the case status online and it says "Request for Additional Evidence Sent".
Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
I saw the case status online and it says "Request for Additional Evidence Sent".
more...
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nashorn
08-09 03:00 PM
It looks to me that only those who had their case filed by atternoy are getting receipts and cash encashed. Tell me I'm wrong or right by posting your case status.
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smiledoc
03-13 12:19 PM
anyone??
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Blog Feeds
08-30 09:40 PM
This is a recent USCIS update announcing that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing cases involving Nepali children claimed to have been found abandoned, should file the Form I-600 with the U.S. Embassy in Kathmandu.
This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension. The first group is those who received a referral letter from the Government of Nepal�s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child. The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.
USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.
Read more here... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1c2f48b0655ba210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/08/immigration_adoption_lawyer_ch.html)
This change in the filing location for the Form I-600 petitions applies to two groups of prospective adoptive parents who are not affected by the suspension. The first group is those who received a referral letter from the Government of Nepal�s Ministry of Women, Children and Social Welfare before Aug. 6, 2010, informing them of a proposed match of an abandoned child. The second group is those who seek to adopt Nepali children who were relinquished by known parent(s) and whose identity and relationship can be confirmed.
USCIS strongly encourages prospective adoptive parents to follow this procedure for their own benefit, based on growing concerns about unreliable documents, irregularities in the methods used to identify children for adoption in Nepal, and the resulting difficulties in classifying those children as orphans under U.S. immigration law. Please see the Aug. 6, 2010 announcement online regarding the suspension.
Read more here... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1c2f48b0655ba210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/08/immigration_adoption_lawyer_ch.html)
pappu
11-01 08:02 AM
Hello,
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.
rajeshalex
07-22 08:01 AM
Hi All,
For the adjusment of status to that of a lawful permanent resident
in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?
Is there a link to determine which office to select?
This is one of the questions in ETA-750 B
Thank You
Rajesh
For the adjusment of status to that of a lawful permanent resident
in the office of the Immigration and Naturalization Service center, which one I should select ?. I live in virginina. Is it the one at Vermon?
Is there a link to determine which office to select?
This is one of the questions in ETA-750 B
Thank You
Rajesh
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