vdokka
09-11 11:00 PM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
ameryki
05-05 12:08 AM
hey guys how about a adv parole doc in hand when returning instead of a stamped visa transiting Frankfurt?
anandrajesh
03-30 03:13 PM
I was interviewed by National Public Radio(NPR) recently abt the whole immigration stuff. This can be heard on the following link
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html
My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.
more...
sw33t
11-07 07:54 PM
95 and counting
pappu
07-17 09:44 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
more...
gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
drirshad
07-22 05:35 PM
Change ur screen name dude otherwise it will be mistakes all the way ....
By Mistake.I said yes.
By Mistake.I said yes.
more...
gcfriend65
12-06 09:27 AM
I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.
Is there anyone out there, who know how to track this service requests or have any experiences with them.
Is there anyone out there, who know how to track this service requests or have any experiences with them.
chanduv23
09-17 03:18 PM
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Definitely - thanks.
We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.
I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.
Remember - if you don't care for your farmers - after a while - you won't have food.
Life is not all about being lethargic and not caring for things that matter
When things go bad it is we who have to correct them - we must make sure they never happen to our children
Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.
Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on
Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.
All we have to do is to unite and stand up for oursleves.
So, lets all go to DC and support IV for taking up this wonderful task
Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Definitely - thanks.
We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.
I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.
Remember - if you don't care for your farmers - after a while - you won't have food.
Life is not all about being lethargic and not caring for things that matter
When things go bad it is we who have to correct them - we must make sure they never happen to our children
Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.
Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on
Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.
All we have to do is to unite and stand up for oursleves.
So, lets all go to DC and support IV for taking up this wonderful task
Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.
more...
roseball
09-15 06:15 PM
You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.
sprash
03-02 04:55 PM
I was interviewed by American Public Media's "Marketplace (http://marketplace.publicradio.org/)" regarding my experience with this issue. She introduced this research by Wadhwa asked me I was considering going back, but I am not considering that option. I did highlight the woes of legal immigrants, but while she empathized with our situation, she was more interested in stories of people who are planning to go back.
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
more...
ssswapnil
08-03 10:16 PM
Hi,
My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.
I came back to US and my present employer will be reinitiating the process soon.
Is it possible to recapture the priority date from 2001 filing?
Thanks.
Swapnil
My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.
I came back to US and my present employer will be reinitiating the process soon.
Is it possible to recapture the priority date from 2001 filing?
Thanks.
Swapnil
nashorn
12-12 01:25 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
It's good to know.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
It's good to know.
more...
rahul2699
05-20 08:01 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
and your question is?
and your question is?
jaggu bhai
08-23 10:20 AM
Folks
Pl advise on our situation
My wife is going to start her masters here.
My I 140 approved in EB3, with PD May'2009.
Few people are saying not to shift her visa from H4 to F1 as anytime, some miracle is going to happen and we would be able to file I 485.
Need ur advise on my situation i.e, whether to shift her to F1 status:confused:.
Thanks
Jaggu
Pl advise on our situation
My wife is going to start her masters here.
My I 140 approved in EB3, with PD May'2009.
Few people are saying not to shift her visa from H4 to F1 as anytime, some miracle is going to happen and we would be able to file I 485.
Need ur advise on my situation i.e, whether to shift her to F1 status:confused:.
Thanks
Jaggu
more...
chakrijs
02-15 01:07 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
gcformeornot
06-30 09:38 AM
a question. How much did you pay for this? I hope it doesn't work for you....:mad:
raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Ann Ruben
02-09 10:47 PM
Saurin,
Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.
A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.
You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?
Ann
Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.
A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.
You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?
Ann
eastindia
07-29 11:01 AM
Why did you use a sub labor? Is it the same employer you are working with now? Is the employer blacklisted? This answer may throw some light on your denial.
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