pswcil@yahoo.com
04-29 04:40 PM
Hi,
Entered into USA on H1: 06/2001
Change of Status to F1: 12/2001
Change of Status to H1: 10/2004
Labor Filed Substitution: 07/2007
Appeal: 11/2009 in process
I calculated my time in USA excluding time spent outside the country and my 6 years will end in June 2010. When my employer renewed H1 back in 2008 he simply claimed for 3 years and USCIS approved till 03/2011. But I read somewhere online that we have to calculate our time spent in the country and should not go by the date that is on our H1.
1. Does the change of status from H1 to F1 reset the H1 time period or do we have to consider that time period while calculating the 6 years
2. As my application (AAO) is pending I heard I will get a one year extension. The question I have is can I stay on my current H1 till 03/2011 or do I have to renew my H1?
Thanks
Entered into USA on H1: 06/2001
Change of Status to F1: 12/2001
Change of Status to H1: 10/2004
Labor Filed Substitution: 07/2007
Appeal: 11/2009 in process
I calculated my time in USA excluding time spent outside the country and my 6 years will end in June 2010. When my employer renewed H1 back in 2008 he simply claimed for 3 years and USCIS approved till 03/2011. But I read somewhere online that we have to calculate our time spent in the country and should not go by the date that is on our H1.
1. Does the change of status from H1 to F1 reset the H1 time period or do we have to consider that time period while calculating the 6 years
2. As my application (AAO) is pending I heard I will get a one year extension. The question I have is can I stay on my current H1 till 03/2011 or do I have to renew my H1?
Thanks
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Blog Feeds
08-11 10:10 AM
Immigration Lawyers Blog Has Just Posted the Following:
Please be advised that the Nebraska Service Center (NSC) has been experiencing delays in the processing of I-765 EADs and I-131 Advance Paroles. Therefore, we recommend that EAD and AP renewals be filed 4 months prior to the expiration date, the earliest date USCIS will accept renewal applications. For EAD applications that have been pending for more than 90 days, an interim EAD card can be issued. Please contact our office for assistance with expedite procedures for your pending I-765 or I-131 application if your current work authorization is about to expire or if you have an emergent need to travel.
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/LhNCV49PqQY
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/LhNCV49PqQY/delays_in_processing_of_eads_a.html)
Please be advised that the Nebraska Service Center (NSC) has been experiencing delays in the processing of I-765 EADs and I-131 Advance Paroles. Therefore, we recommend that EAD and AP renewals be filed 4 months prior to the expiration date, the earliest date USCIS will accept renewal applications. For EAD applications that have been pending for more than 90 days, an interim EAD card can be issued. Please contact our office for assistance with expedite procedures for your pending I-765 or I-131 application if your current work authorization is about to expire or if you have an emergent need to travel.
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/LhNCV49PqQY
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/LhNCV49PqQY/delays_in_processing_of_eads_a.html)
tcfannin
01-12 07:50 AM
I was on H1 visa and laid off from job on 10/30/09. I got severance pay for Nov. and have the pay stubs. I applied for COS from H4 to F1 for my spouse (already in collage) and H1 to F2 for me on 12/9/09. Meanwhile immigration performed spot check at my ex-employers on 12/3/09, so they came to know that i was not working. My employer had not revoked H1 by then. Our COS application was received by USCIS on 12/14/2009, case is currently under Initial Review.
- Will the immigration officers who did spot check inform USCIS that i was out of status?
- Will case get rejected due to delay in applying for COS?
- Will there be any complications in transferring my H1 to new employer as i was out of status for about a month before i applied for COS?
- How to stop F2 COS if i get H1 transfer approved first?
- Will the immigration officers who did spot check inform USCIS that i was out of status?
- Will case get rejected due to delay in applying for COS?
- Will there be any complications in transferring my H1 to new employer as i was out of status for about a month before i applied for COS?
- How to stop F2 COS if i get H1 transfer approved first?
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vivekhruparel
07-15 01:33 PM
I am in. My 485 is going to be rejected and will be sent back in a couple weeks
more...
1528boyz
08-19 12:45 AM
Hi There,
I need some advice on my current situation.I am in the 4th year of my H1-B .I have my
I-140 approved from my current employer with PD of Aug'09.
I am planning to change my job, my concern is :
Assuming that my current employer do not revoke/recall my I-140
1. Do i need to have the same job responsibilities in my new job to transfer my PD?
2. Do i have to stick with my current employer for atleast 6 months to transfer my PD?
3. What will happen if i change employer within 6 months, can i still be able to get my PD?
4. Will employers provide approval of I-140 ?
Appreciate for your time,
Thanks
I need some advice on my current situation.I am in the 4th year of my H1-B .I have my
I-140 approved from my current employer with PD of Aug'09.
I am planning to change my job, my concern is :
Assuming that my current employer do not revoke/recall my I-140
1. Do i need to have the same job responsibilities in my new job to transfer my PD?
2. Do i have to stick with my current employer for atleast 6 months to transfer my PD?
3. What will happen if i change employer within 6 months, can i still be able to get my PD?
4. Will employers provide approval of I-140 ?
Appreciate for your time,
Thanks
seemakumar
06-25 12:11 AM
I had a H1b visa but never travelled to US.My visa got cancelled without prejudice when i left the organization.My new employer filed l1b individual on my behalf.i129 was denied by uscis stating that i am a skilled worker but do not possess specialized knowledge.Moreover the position in US is that of a software engineer & does not require any specialized knowledge.Please note that I hold a Bachelor of Engineering degree(BE) in Electronics & Telecommunications with about 5 years of IT experience.
* Does this mean my visa is denied?
* What options do i have next?
* Will this affect my further applications?
* Does this mean my visa is denied?
* What options do i have next?
* Will this affect my further applications?
more...
rskanth
07-05 03:14 PM
Yes, the AP is valid for one year and for as many visits as you want. Same thing happened with me. You can travel again with the stamped AP.
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vxb2004
10-11 08:16 PM
Yes you can..but you will lose your H1B status. Read this article..very informative.
http://www.hooyou.com/h-1b/I-485%20filing%20memo.htm
Good Luck
http://www.hooyou.com/h-1b/I-485%20filing%20memo.htm
Good Luck
more...
pappu
08-22 09:44 AM
Is this what you are looking for pappu?
https://www.dol.gov/esa/whd/forms/fts_wh4.htm
Yes.
Thanks
https://www.dol.gov/esa/whd/forms/fts_wh4.htm
Yes.
Thanks
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iad2ead
02-10 09:07 AM
Avoid EAD if possible. Move using H1B transfer.
good luck
Iad
good luck
Iad
more...
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number30
08-29 05:05 PM
Hi Friends,
My wife is going to apply for H4 Visa soon in India.
Do I need to send her I-134 Affidavit of Support.
I have heard conflicting opinions.
Pls let me know.
Thxs in advance. Rgs S
No you do not need that.
My wife is going to apply for H4 Visa soon in India.
Do I need to send her I-134 Affidavit of Support.
I have heard conflicting opinions.
Pls let me know.
Thxs in advance. Rgs S
No you do not need that.
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maverick_joe
01-08 03:36 PM
^^
more...
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h1vegas
09-03 04:55 PM
Today , an officer from Homeland Security visited my office.
The guy showed his Identity Card and was looking for me and the my boss (who signed the Visa Papers). He took me privately in a conference room and asked me questions like my pay, my duties, who paid for H-1 renewal etc.
Then he went to our HR dept and asked a few questions regarding my employment history. He asked me if you are treated well in this company. ( Note: Mine is not a consultant company) Anyways the guy was very polite and he told me its just a formality from homeland security
also he took picture of my desk
On searching more on this I came across this site
Visit from the Department of Labor to client’s office about H-1B visa | James Nolan Law Office Blog (http://jnusblog.takimedia.com/eng/?p=93)
thx
Visit from the Department of Labor to client’s office about H-1B visa | James Nolan Law Office Blog (http://jnusblog.takimedia.com/eng/?p=93)
The guy showed his Identity Card and was looking for me and the my boss (who signed the Visa Papers). He took me privately in a conference room and asked me questions like my pay, my duties, who paid for H-1 renewal etc.
Then he went to our HR dept and asked a few questions regarding my employment history. He asked me if you are treated well in this company. ( Note: Mine is not a consultant company) Anyways the guy was very polite and he told me its just a formality from homeland security
also he took picture of my desk
On searching more on this I came across this site
Visit from the Department of Labor to client’s office about H-1B visa | James Nolan Law Office Blog (http://jnusblog.takimedia.com/eng/?p=93)
thx
Visit from the Department of Labor to client’s office about H-1B visa | James Nolan Law Office Blog (http://jnusblog.takimedia.com/eng/?p=93)
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BMWX5
04-19 07:57 AM
I saw a thread this morning about how to open a company when 485 pending, but I couldn't find it now. Anyone can help? great appreciate!
Do google with as many as keywords from that thread followed by immigration voice, you'll definitely get as long as that thread is still open.
Thats how I do.
Do google with as many as keywords from that thread followed by immigration voice, you'll definitely get as long as that thread is still open.
Thats how I do.
more...
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Dilemma
09-13 01:45 AM
Discuss with attorney
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helpless_man
11-08 01:15 PM
Hi,
Recently I transferred my H1 to another company. My H1 and my wife�s H4 got expired on last August 2nd 2007. However, the new company filed H1B application and it got approved 2 weeks back, but forgot to file for H4 extension for my wife. My company is saying they will file for H4 extension (I-539) now, even though her visa/I-94 got expired and she doesn�t have to go back home. Do you think they are on right track? I�d really appreciate if anyone could suggest me on this.
Recently I transferred my H1 to another company. My H1 and my wife�s H4 got expired on last August 2nd 2007. However, the new company filed H1B application and it got approved 2 weeks back, but forgot to file for H4 extension for my wife. My company is saying they will file for H4 extension (I-539) now, even though her visa/I-94 got expired and she doesn�t have to go back home. Do you think they are on right track? I�d really appreciate if anyone could suggest me on this.
more...
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kumar_77
02-19 06:25 PM
Hello,
yes you can accept tuition wavier or scholarships
thanks
yes you can accept tuition wavier or scholarships
thanks
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The_Smiths
01-15 11:17 AM
Hello,
I obtained an EAD using my OPT just to be able to work in the U.S. while my fiancee completes her degree (I graduated in December 06 and she will do so in May 07). Since we will get married after she graduates, and will file for adjustment of status, we thought there would be no problem in my ability to work without any interruption.
However, it seems that filing for adjustment of status invalidates your OPT, therefore you wouldn't be able to continue working until you get your new EAD.
Does that mean I would have to stop working for 90 days or so after I get married? (Remember I'm on an F-1 as I think you can keep working if on an H-1B)
If so, is there any way to minimize this problem?
Thanks.
I obtained an EAD using my OPT just to be able to work in the U.S. while my fiancee completes her degree (I graduated in December 06 and she will do so in May 07). Since we will get married after she graduates, and will file for adjustment of status, we thought there would be no problem in my ability to work without any interruption.
However, it seems that filing for adjustment of status invalidates your OPT, therefore you wouldn't be able to continue working until you get your new EAD.
Does that mean I would have to stop working for 90 days or so after I get married? (Remember I'm on an F-1 as I think you can keep working if on an H-1B)
If so, is there any way to minimize this problem?
Thanks.
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seahawks
04-28 02:42 AM
depends on state law, WA state does not consider H4 as a resident, just found out a month ago, when my wife finished all the tests and everything else and found she had to pay non resident tuition. So she decided not to go to school. CA considers H4 as a resident provided all other criteria are met.
Blog Feeds
11-14 04:21 AM
I had a chance to get to know Genia Brin, Google founder Sergey Brin's mom, when we jointly served on the board of HIAS. She's an impressive woman who could sit back and relax, but instead she goes to work everyday as a NASA scientist and works on climate and forecasting projects for our nation's space agency. This week Genia entered the public limelight when she co-wrote an op-ed piece for the New York Daily News making the economic case for immigration reform. Genia has not forgotten her own immigrant experience and is heading up a major project for HIAS...
More... (http://blogs.ilw.com/gregsiskind/2009/11/immigrant-of-the-day-eugenia-brin-scientist.html)
More... (http://blogs.ilw.com/gregsiskind/2009/11/immigrant-of-the-day-eugenia-brin-scientist.html)
GCwaitforever
03-20 05:25 PM
I sent a howler to some Chinese friends and Tamil/Telugu/Malayalam/Kannada groups and . :) Let the owls return.
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