sunny1000
01-26 06:33 PM
I am in the same situation. I am on my 8th year of H1 and this is for the first time I am have heard so much hoopla that has made me real nervous. My lawyer has advised me against taking any risk. I already have the tickets but I am planning to postpone, apply for EAD and only then go to India.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
You may already know but, make sure you also have an APPROVED Advance Parole before travel.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
You may already know but, make sure you also have an APPROVED Advance Parole before travel.
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sona75
07-29 08:09 AM
Thanks so much noida123 for your reply. Really helps.
Can you tell me how to get obtain a Special Waiver?are you working in Federal worksite?
because i am in Federal worksite.
Can you tell me how to get obtain a Special Waiver?are you working in Federal worksite?
because i am in Federal worksite.
Life2Live
09-18 12:07 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
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grupak
11-17 06:41 PM
Great editorial!
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rajeshalex
08-26 12:40 PM
this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .
monk097
02-19 09:49 PM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
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desi3933
06-16 04:41 PM
I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.
Thanks for your advise.
Regards,
Sylace
After marriage he will be your step-son and is eligible for L2 dependent visa.
___________________
Not a legal advice.
Thanks for your advise.
Regards,
Sylace
After marriage he will be your step-son and is eligible for L2 dependent visa.
___________________
Not a legal advice.
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zimmy100
04-06 02:16 AM
Thanks for the Tip, I will schedule their interiview from India. I felt better not take any chance.
Again thanks for your time.
Again thanks for your time.
more...
IV2007
06-18 07:08 AM
My wife's name was changed when we got married in the passport to add my name as her last name.
This is not reflected on her birth certificate.
I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...
Urgent reply..
Thanks
shree
This is not reflected on her birth certificate.
I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...
Urgent reply..
Thanks
shree
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Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
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MrWaitingGC
09-08 07:26 PM
As long as visa is stamped she can enter us on the last date of expiry of visa.
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
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buehler
12-13 06:06 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
more...
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guyfromsg
09-21 10:17 PM
Thanks for everyone who joined today..Appreciate it. Please free post your thoughts/suggestions in the group.
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icleric
08-07 07:33 AM
oh, and welcome to KF ;)
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piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
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tawlibann
07-09 01:25 PM
What is your PD & EB Category please?
How is that relevant? The guy said the date is not current.
I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.
How is that relevant? The guy said the date is not current.
I'm guessing the email he got was a standard form email created before July fiasco when having an open 485 application pretty much meant your date was current. Now this is no longer relevant. They won't make a decision until the PD becomes current, and even then they may follow up with RFE about whether he still holds the same position, etc. So pretty much he shouldn't expect to hear anything from them in 60 days regardless of what he email says.
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subba
07-08 12:36 PM
Was in the middle of job search before this rollercoaster ride happenned.
Not sure what approach to take now.
Not sure what approach to take now.
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rovingeye
07-26 02:28 PM
Hello Friends
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.
I am totally confused by this . Can some one offer their opinion on this strange development ?
Appreciate your help in advance
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vikramy
12-22 01:20 PM
I did same 4 years ago. You can travel while your H1B transfer is pending.
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
Scythe
07-12 01:03 AM
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parthu_r
01-17 01:58 AM
Hi,
I applied for EAD Renewal on DEC-18 2009 ( posted to Nebraska Service Center)
It has been a month I havent received any Receipt or RFE and check for fee has not been cashed
My EAD will expire on March-15th-2010
What to do in this sitiuation?
Is there any customere service No to reach ?
Do i need to reapply ? Did anybody encounter similar situation. If so please let me know what you have done
please reply
Thanks
leela
I applied for EAD Renewal on DEC-18 2009 ( posted to Nebraska Service Center)
It has been a month I havent received any Receipt or RFE and check for fee has not been cashed
My EAD will expire on March-15th-2010
What to do in this sitiuation?
Is there any customere service No to reach ?
Do i need to reapply ? Did anybody encounter similar situation. If so please let me know what you have done
please reply
Thanks
leela
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