sunny1000
01-14 04:44 PM
I got approved H1-B notice on 30th Dec 2008 from CSC. My previous expired H1-B date ends with 02/14/2009, but my current newly approved one starts with 02/26/2009. So there is a gap of 11 days between those. Currently I'm on job. Does it really means out-of-status?. Do I need to run February pay check with less hours and officially in vacation?.
Please advice me.
:confused:
I think that is a mistake either on the USCIS part or on your attorney's part (he/she probably filled out the wrong dates in the I-129). Check your filing docs and ask your attorney to see if he/she can get it corrected.
Since this is a future date, you are not out-of-status yet but, you will be for those 11 days if it is not corrected.
Please advice me.
:confused:
I think that is a mistake either on the USCIS part or on your attorney's part (he/she probably filled out the wrong dates in the I-129). Check your filing docs and ask your attorney to see if he/she can get it corrected.
Since this is a future date, you are not out-of-status yet but, you will be for those 11 days if it is not corrected.
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ujjvalkoul
07-06 10:23 AM
Please suggest on this I-140 RFE by USCIS:
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
kiran_k02
01-11 01:01 PM
Rahul,
I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.
Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.
I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.
Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.
2011 Getting all the action: Daniel
speddi
02-23 02:57 PM
One of my friend is in the same situation and he has been told by his lawyer that he can get his part-time concurrent H1 Extn for 3 years based on fulltime concurrent H1 approved I-140.
He is going to apply the same soon.
Good Luck!
Thank you very much for the quick response. Do you think I can talk to your friend for further details?
He is going to apply the same soon.
Good Luck!
Thank you very much for the quick response. Do you think I can talk to your friend for further details?
more...
neeidd
03-04 01:04 PM
Hi,
I am wondering if I can sent both my and mywifes EAD applications in one envelope to USCIS or do I have to send them separately. I am not asking to save money on postal costs , as everyone knows we all spent 1000's of dollars in this GC process. I am only asking so that our(my and mywife) applications are processed together?
Thanks in advance for your input
Regards
I am wondering if I can sent both my and mywifes EAD applications in one envelope to USCIS or do I have to send them separately. I am not asking to save money on postal costs , as everyone knows we all spent 1000's of dollars in this GC process. I am only asking so that our(my and mywife) applications are processed together?
Thanks in advance for your input
Regards
rayen
06-12 01:27 PM
I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
Here is the update.
1. If your wife used AP @ POE then Parolee ( AOS - Pending)
2. You can e file but you have to go for FP.
Thanks.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
Here is the update.
1. If your wife used AP @ POE then Parolee ( AOS - Pending)
2. You can e file but you have to go for FP.
Thanks.
more...
vdlrao
05-11 12:35 PM
Where is the bulletin. :rolleyes:
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deafTunes123
03-12 09:22 AM
I am confused. Is it 120 days (4 months) or 90 days (3 months) before the expiry that one needs to apply for the EAD renewal.
more...
roseball
11-08 08:20 PM
Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent
You have 2 options. Either use your old H1 which is still valid (assuming u still have a valid visa stamp) and enter US (carry a latest offer letter from employer). If you use the old H1, then you will only have 2 more years of H1 time left.
You can file for a fresh H1 visa in Master's quota under consular processing and when its approved, attend the Visa interview, get a new H1 stamp, and re-enter using the fresh stamp. This way, you will get fresh 6 yrs time on H1.
You have 2 options. Either use your old H1 which is still valid (assuming u still have a valid visa stamp) and enter US (carry a latest offer letter from employer). If you use the old H1, then you will only have 2 more years of H1 time left.
You can file for a fresh H1 visa in Master's quota under consular processing and when its approved, attend the Visa interview, get a new H1 stamp, and re-enter using the fresh stamp. This way, you will get fresh 6 yrs time on H1.
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Vincelekker
08-25 07:16 PM
Done (to the best of my knowledge). I am going through some more documentations to see if I have more info.
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sina
12-12 03:43 PM
Yes, AP will be abandoned if you leave the country before it is approved. So wait till you get the AP approval and then go for the stamping. I was in such a situation and my attorney adviced me to wait till AP approval. In that case even if Visa gets rejected ot delay one can return on AP.
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gk_2000
03-03 04:55 PM
Same as EAD card :-)
how about ead card then?
how about 485?
how about ead card then?
how about 485?
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solaris27
01-21 11:08 AM
yes u can do it
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mach1343
12-07 02:16 PM
Hi,
I was on H1 before and my I797 form says my h1 is good till 082011. And in June my employer terminated my employment. Within a month I changed my status to H4 and got my H4 visa stamped from India. Now I got a project and my employer re hired me and started my h1 processing (regular). And my client gave the start date from Dec 14th.
My employer is saying that you can work from Dec 14th however once you get an approval you have to leave and comeback with H1 stamp on it.
They said that we have done these situations before and I also contacted one of the person and she was saying that she started working once h1 filed then she immediately left to India to get stamped (She also said they is an option to get it stamped in Canada as well).
Now is this true? My GC process currently waiting for the date (EB2-I140 APPROVED). Does this affect my GC in future?
I told my employer( it's a big reputed company) and they are saying that we will ever do anything illegal, if it is illegal then we won't even consider that option so you are fine don't worry and our immigration lawyers are very experienced so you have understand and trust us. This is what they are saying.
Whom to believe? What is right? what is wrong? Please understand my confused situation. I am going through lot of stress right now because of this.
I was on H1 before and my I797 form says my h1 is good till 082011. And in June my employer terminated my employment. Within a month I changed my status to H4 and got my H4 visa stamped from India. Now I got a project and my employer re hired me and started my h1 processing (regular). And my client gave the start date from Dec 14th.
My employer is saying that you can work from Dec 14th however once you get an approval you have to leave and comeback with H1 stamp on it.
They said that we have done these situations before and I also contacted one of the person and she was saying that she started working once h1 filed then she immediately left to India to get stamped (She also said they is an option to get it stamped in Canada as well).
Now is this true? My GC process currently waiting for the date (EB2-I140 APPROVED). Does this affect my GC in future?
I told my employer( it's a big reputed company) and they are saying that we will ever do anything illegal, if it is illegal then we won't even consider that option so you are fine don't worry and our immigration lawyers are very experienced so you have understand and trust us. This is what they are saying.
Whom to believe? What is right? what is wrong? Please understand my confused situation. I am going through lot of stress right now because of this.
more...
pictures Emma Watson and Daniel
freddyCR
January 11th, 2005, 02:21 PM
What do you think?
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http://www.dphoto.us/forumphotos/data/500/2555solitary_sunset_med.jpg
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sanjay02
06-22 01:56 AM
Hi
Tell them that you will report their activities to Dept of Labor.
email:info@dol.gov
Look for DOL local office. But before you do anything call an attorney speak to him.
Tell them that you will report their activities to Dept of Labor.
email:info@dol.gov
Look for DOL local office. But before you do anything call an attorney speak to him.
more...
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learning01
10-18 02:41 PM
http://www.forbes.com/leadership/compensation/2006/10/17/immigration-congress-labor-biz-cx_1018oxford.html
and the write-up mostly talks about illegal immigration.
While quoting, discussing such links helps the members of this forum somewhat in keeping the buzz, I feel we must have focussed efforts on specific provisions that will improve the issues faced by legal immigrants. It is possible that this is easier to achieve than a Comprehensive Immigration Reform that this articles speaks about. Thanks to apnair2002 for the post.
and the write-up mostly talks about illegal immigration.
While quoting, discussing such links helps the members of this forum somewhat in keeping the buzz, I feel we must have focussed efforts on specific provisions that will improve the issues faced by legal immigrants. It is possible that this is easier to achieve than a Comprehensive Immigration Reform that this articles speaks about. Thanks to apnair2002 for the post.
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uimv
02-17 01:40 PM
Thanks. AOS.
I spoke to a laywer who said "Generally several months. Minimum 2 months".
I spoke to a laywer who said "Generally several months. Minimum 2 months".
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crystal
02-07 04:07 PM
afaik, copy is enough.
Ann Ruben
08-06 08:51 PM
This should nt have any impact on your wife's AOS application.
However, for peace of mind, you can have CBP corect the error. This is easily done by contacting the nearest CBP deferred inspection site. Go to https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0"]https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0[/URL to find contact information.
However, for peace of mind, you can have CBP corect the error. This is easily done by contacting the nearest CBP deferred inspection site. Go to https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0"]https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0[/URL to find contact information.
johnwright03
06-14 08:14 AM
Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
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