eb3retro
06-30 11:41 PM
eb3retro,
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
nope on an EAD, my h1 is long expired and never renewed it even with the employer that sponsored my GC. i was using EAD even with them..and with the current employer too..
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
nope on an EAD, my h1 is long expired and never renewed it even with the employer that sponsored my GC. i was using EAD even with them..and with the current employer too..
Eternal_Hope
05-10 05:07 PM
If under the bullet point (b) you have an option to choose "other" then choose that.
EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)
All the best..... hope things work out well with your application .............
EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)
All the best..... hope things work out well with your application .............
IN2US
03-05 06:37 PM
did anybody successfully accomplished revoking existing G-28 by company's attorney and self represented the pending I-485?? if so can you please post the details on letter format, whom to address the letter etc...
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
this information would be helpful for many, because most of us here already filed I-485 during June/July and are eligible for using AC21.
ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
more...
a_yaja
07-25 05:26 PM
Thanks for the reply. It says on the document itself that the petitioner should keep the upper portion of the notice and give the lower portion to the worker.
Does anyone know the procedure to get the duplicate and how long it takes?
I just took a look at my 797A and you are correct - it says that the petitioner can keep the above portion. Sorry for my remarks about the employer.
However, all my employers have always given me the entire document and they have kept only a copy with them.
Does anyone know the procedure to get the duplicate and how long it takes?
I just took a look at my 797A and you are correct - it says that the petitioner can keep the above portion. Sorry for my remarks about the employer.
However, all my employers have always given me the entire document and they have kept only a copy with them.
wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
more...
sheela
07-13 08:52 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is a requirement. Download AR11 read and follow it
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is a requirement. Download AR11 read and follow it
nat23
06-14 11:17 AM
I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.
more...
ronhira
01-09 03:18 PM
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
gandalf1234
02-10 02:21 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
more...
pamith
05-13 08:42 PM
3-4 months may be, but you can apply for AP and EAD.
sarasuva
01-30 12:25 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
more...
NKR
11-11 11:24 AM
I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.
gimme_GC2006
08-10 08:23 AM
Good to know and thanks for the update and hope your parents are doing well ...
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thank you. Parent is doing fine.Slowly recovering.
GC? no..I don't think I am going to get GC even this time also.
We had our FP done on July28th. Raised a SR on Aug-2, got a response on Aug-4th, that case is pending background checks, wait for 6 months before another followup.
I spoke to FBI customer service and they said they sent results on July 28th itself (I specifically asked if the results include background check also)
So as it stands, I have become a sucker this time also.:mad:
more...
priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
pt326bc
07-12 07:14 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
more...
watzgc
04-22 08:06 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
Hi Sankar,
Can one apply for another h1b if h1b extn not come thru and h1b already expired ?
larmani
10-25 06:26 PM
We went to SanJose Charcote dr. last saturday. Our appointment was at 3pm. But we went at around 1PM as our daughter has a tutoring class between 2-4. They accepted and let us do at 1:15pm. It is cool and not much croud. There are around 10 FP machines and took about 15 min to finish. Our LUD changed next day on our 485 applications. But check the address one day before the appointment. As it shows 122 charcote dr. inside But outside you would see 5 digit numbers and you would easly miss. Also you will not see USCIS on outside board(it shows as some Application center).
vdlrao
11-11 11:38 AM
But No Assurance is there on this So far.
vensun
05-19 04:27 PM
I know it is basic question, but after reading the thread just got dought.
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
nousername
02-25 04:35 PM
You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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