eyeswe
05-15 09:05 AM
Dear Sir/Madam,
I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation
Appreciate this offer of yours to help me.
Regards
Eyeswe
I am probably a unique case. I have a H1B that expires in Sep 2009. I work for a strategy consulting firm and as such advise clients on business/Ops strategy. Therfore most of the time I am on a client site. Recently, I moved my residence outside the US to UK. Given the nature of my work, I am able to commute to US every week to my client offices and then return to UK by end of the week. I sometimes have to go to European destinations and so UK actually helps.All through this I am with the same company on their US payroll (have US pay stubs, leters etc to prove). When I am in US, I stay at one of the hotels.
My question to you is, from a H1B standpoint, do I need to do anything different, especially given I am up for an extension later this year. I have an I 140 approved which will be the basis of a potential 3 yr extension.
Also note, that I get a new I 94 every week at the Port of Entry from the IO, so I have to believe that my case gets reviewed due to this unique situation
Appreciate this offer of yours to help me.
Regards
Eyeswe
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Blog Feeds
04-05 09:40 AM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
mrudul_hr
06-21 12:08 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.
So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.
So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.
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mirage
02-12 09:57 PM
Guys,
we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.
Thanks
we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.
Thanks
more...
atumalla
11-06 12:46 PM
I got two luds on 140 485 131 765 after FP.
GCMATRIX
08-01 05:43 PM
I received my EAD on 22nd July and in online status it still pending .Though I got to hard lud on my Wife's EAD " Card Production Ordered) . But my status still pending though I received the physical card
more...
seeking_GC
06-24 03:19 AM
Hello everyone,
I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.
I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.
1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?
2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.
3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?
Thanks in advance
I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.
I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.
1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?
2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.
3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?
Thanks in advance
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sachya
08-19 05:30 PM
Thanks all for your responses.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
more...
coolpal
02-17 10:25 AM
You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.
And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.
As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.
Cheers..
pal :)
Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.
And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.
As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.
Cheers..
pal :)
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nathan99
04-21 05:44 AM
I always have liked bacon... :thumb:
more...
AGUTHA
02-22 09:05 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
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akizdetz
08-10 04:03 PM
I have just received the following email:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCxxxxxxxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On August 9, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
Does this mean that I-140 was also approved? I'm looking online and it's says "Initial Review"... Actually this is the only one that have changed, all other documents for both me and my wife are still at the previous LUD!
P. S. This looks and sounds weird for me, especially that I have the biometrics appointment on 09/02/2010. I think it's a mistake... Please advise!
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCxxxxxxxxxx
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On August 9, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
Does this mean that I-140 was also approved? I'm looking online and it's says "Initial Review"... Actually this is the only one that have changed, all other documents for both me and my wife are still at the previous LUD!
P. S. This looks and sounds weird for me, especially that I have the biometrics appointment on 09/02/2010. I think it's a mistake... Please advise!
more...
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f1vlad
03-27 07:20 AM
Thanks, yeah I am looking to use EAD.
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gcbeku
08-12 11:43 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
more...
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smaram1
07-02 05:44 PM
1) Eligibility Status?
Filed I 485
(c) (9) Employment Based
2)Please provide information concerning your eligibility status.
Write ur I485 and I140 Numbers in text area with Pending I485
Filed I 485
(c) (9) Employment Based
2)Please provide information concerning your eligibility status.
Write ur I485 and I140 Numbers in text area with Pending I485
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indianabacklog
02-26 09:57 PM
Hello,This is my first time here.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
more...
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ivgclive
12-14 01:32 PM
Will the retrogression in Family Based have any consequences for the Employment based immigration?
Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.
Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.
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kaisersose
07-24 04:32 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
All these questions have been answered multiple times in detail. I suggest you use the search feature.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
All these questions have been answered multiple times in detail. I suggest you use the search feature.
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superdoc
08-14 01:06 PM
I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
they have 60 days for sr..that is what the rep told me
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
they have 60 days for sr..that is what the rep told me
ttdam
10-22 03:38 PM
I got the receipt #s from back of the checks.
EAD & AP pending with VSC, 485 transferred back to TSC
EAD & AP pending with VSC, 485 transferred back to TSC
Anders �stberg
June 12th, 2005, 04:50 AM
Congrats! New lenses is always a thrill. Great pictures too, looks like you made good choices.
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