baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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eadguru
10-30 08:21 PM
Query on Advance Payrol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
zCool
04-23 12:21 PM
You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
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roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
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d123
08-07 04:22 PM
My case got LUD 8/5 , I filed my I-485 on 2nd july... She spoke to me nicely and told me that there is no update or no entry of my case... Wait for few weeks..... TSC.........wait....... TSC...
boston_gc
01-26 06:30 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.
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
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anilkumar0902
12-25 09:26 AM
You are safe. Once you have reached I-485 stage, it is all about you and not your employer. You mentioned that you already changed to a new employer. Technically, your old employer should've revoked your old I-140 after your move. Since, you moved to a new employer you are indicating that your new employer also has a new job that matches your initial Labor application. You have nothing to worry about your old employer closing down.
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
Enjoy your EAD/AP and hope you get your GC soon.
Cheers
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dassumi
03-02 04:07 PM
If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?
Anyone?
Anyone?
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GCKaIntezar
01-03 09:25 AM
Just sent it via email.
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beautifulMind
10-24 04:12 PM
http://www.hindu.com/2008/10/24/stories/2008102458770100.htm
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rajuk_in
07-02 04:23 PM
Hi,
I am planning to file my I-485 and for that I got my Birth Certificate from India and have a question related to it. The name provided for my Passport and all other documents is "Rajendra Upadhya Kumbhasi" but in my Birth Certificate they have included my father's name along with my name i.e. my Birth Certificate has "Rajendra Murlidhar Upadhya Kumbhasi". I would like to know if this could be a issue and if so will a affidavit help me resolve this issue.
Please let me know.
Regards,
Raj
I am planning to file my I-485 and for that I got my Birth Certificate from India and have a question related to it. The name provided for my Passport and all other documents is "Rajendra Upadhya Kumbhasi" but in my Birth Certificate they have included my father's name along with my name i.e. my Birth Certificate has "Rajendra Murlidhar Upadhya Kumbhasi". I would like to know if this could be a issue and if so will a affidavit help me resolve this issue.
Please let me know.
Regards,
Raj
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
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Butters
04-08 05:30 PM
Or the Microsoft Office ones...
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shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
more...
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tdasara
03-25 12:24 PM
While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
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vrbest
12-16 08:49 AM
This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
more...
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goel_ar
08-08 08:38 AM
I have exactly similar statistics as below case except I-140 filing date = May 10, 2008.
Can I expect something soon, if there is no RFE? Mine is at TSC too.
http://www..com/discuss/140/76287871/
Can I expect something soon, if there is no RFE? Mine is at TSC too.
http://www..com/discuss/140/76287871/
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sunny1000
01-09 02:41 PM
I think you will have to wait until the first transfer petition is completed. Please check with an immigration attorney. You can file I-907 to expedite the processing using premium processing. Again, please check with an attorney before you proceed.
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
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sg8228
07-25 02:31 PM
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
frostBite
06-28 02:53 PM
haha good story.
and sweet picture
and sweet picture
LONGGCQUE
02-03 10:01 AM
Thanks for your sharing your experience. Thats my understanding too.
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