meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
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WaitingForMyGC
01-11 11:32 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
nc14
11-03 04:09 PM
I am a regular contributor.
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anilsal
11-07 09:27 PM
http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=15252
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vikki76
01-15 10:36 AM
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
tampacoolie
07-05 07:31 PM
Anyone with US earned income can contribute to 401(k) and IRA. I have my own Roth IRA and employer 401k plan. I contribute to both.
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newuser
09-15 01:11 PM
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waitingmygc
09-09 08:16 PM
Hi YesWeWillGet,
Is your friend filed EB-2 with same EB-3 employer or different?
Now these days, three months is surprising.
Is your friend filed EB-2 with same EB-3 employer or different?
Now these days, three months is surprising.
more...
shawnsteinbarth
February 14th, 2005, 05:41 PM
I have decided to go for the SB-600 rather than the 800 because I don't think I need the extra functions at this point. It will save on $$$ and weight too.
Thanks,
Shawn
Thanks,
Shawn
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chansek
07-21 11:33 PM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
more...
gcpool
10-13 07:02 AM
Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.
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pa_arora
12-03 05:45 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
more...
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zCool
04-01 10:36 PM
This is where you start showing streaks of schizophrenia ..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
What do you hope to achieve?? that they will send your 485 to some "experienced" IO???
First..
None has ANY idea what's going on inside of USCIS.. by one account something like 30% of experienced adjudicators quit last year!
Second..
Even if lets say you get what you want.. what would that achieve??? ultimately your case gets decided on its merit..
But chances are people like you.. you will put another question and then 1 more and then 1 more..
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totalvisa
04-26 10:51 AM
The funny part is that I did use premium process and still took them 4 months...apparently they had made a mistake and process it as non premium and still took the extra $1,000... Im not sure if I am having bad luck or what else to think.
So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...
Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.
My case has become very complicated! Any suggestions?
So I emailed Immigration and asked them about the 1 day H1b visa hoping they would tell me they made a mistake, but their answer was that it was not a mistake, that in fact they gave me 4 months and 1 day. But how did they give me 4 months and 1 day? I couldnt work during the 4 months I spent waiting for their answer, how is that the same thing? I know there is a mistake somewhere along the road, but I dont know how to address and/or what my possibilities are...
Also, along with my bad luck PERM was denied a couple of weeks ago because it was not signed by me. The PERM got audited while I was out of the country last year so my lawyer at the time sent a revised copy of it but I couldnt sign it because I wasnt in the country, (this was all explained in a letter we sent along with the package). I sent an appeal a couple of weeks ago and now Im waiting to hear from them.
My case has become very complicated! Any suggestions?
more...
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kumar1
11-24 12:57 PM
IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
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nanz16
12-11 06:32 PM
Hi Cal97,
AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.
AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.
more...
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boston_gc
09-24 08:21 PM
If you need to retain your PD, does the job description need to be similar or can it be different?
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reddy77
08-09 11:29 AM
You can leave it as blank, you will getting the A# with the 485 receipt ...
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cooldude
08-03 09:54 PM
Today nebraska issued total 4234 cases which includes all kinds of applications.
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perm2gc
08-24 04:48 PM
I have similar situation and not sure whether I will be able to apply for H1B revalidation..
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. 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? I got 3 years on H1B left
H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..
My Views Are Personal..Consult Immigration Attroney !!!
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. 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? I got 3 years on H1B left
H1B Years are not based on employer..You can Recapture H1B time for any employer.You will get your 3 year extension with new employer if your attroney files so..
My Views Are Personal..Consult Immigration Attroney !!!
vrbest
08-17 05:13 PM
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
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