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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toprasad
03-09 08:02 PM
Background - My wife's immigration timeline
H1-B 01/2000 to 8/2001
Moved to O-3 as dependent due to old 6 yr H1-B rule.
O-3 9/2001 to 5/2006
Stepped out of the US in May 2006
The intention was to get a full 6 yr H1-B (decoupling didn't exist)
Questions while applying for H1-B to reclaim reminder of 6 yrs in H1-B
1) Can she apply for H1-B while she is in India?
2) Can she enter the country as my dependant and work on approved H1-B?
H1-B 01/2000 to 8/2001
Moved to O-3 as dependent due to old 6 yr H1-B rule.
O-3 9/2001 to 5/2006
Stepped out of the US in May 2006
The intention was to get a full 6 yr H1-B (decoupling didn't exist)
Questions while applying for H1-B to reclaim reminder of 6 yrs in H1-B
1) Can she apply for H1-B while she is in India?
2) Can she enter the country as my dependant and work on approved H1-B?
rakesh
04-29 12:13 AM
Hi
I am masters student graduating in June 2011. I got an offer from a big company and it already started h1b premium processing(applied on Mar 31). Now, I received an offer from my dream company and I didn't mention about h1-b processing and want to work for this company. I have few questions and need your suggestions.
1. Reject the first company offer. Not sure if I have to pay, because they applied for H1-B premium processing. How much I have to pay in this case? Can I continue working on OPT in this case?
2. Inform the second company about the first company h1-b processing. What can second company do, if H1-B is already processed? What can second company do, if H1-B is not processed?
Please suggest if there are better ways to handle the situation.
-- How long does it take to get H1-B visa under premium processing, if applied in 65000 pool?
Thanks
Rakesh
I am masters student graduating in June 2011. I got an offer from a big company and it already started h1b premium processing(applied on Mar 31). Now, I received an offer from my dream company and I didn't mention about h1-b processing and want to work for this company. I have few questions and need your suggestions.
1. Reject the first company offer. Not sure if I have to pay, because they applied for H1-B premium processing. How much I have to pay in this case? Can I continue working on OPT in this case?
2. Inform the second company about the first company h1-b processing. What can second company do, if H1-B is already processed? What can second company do, if H1-B is not processed?
Please suggest if there are better ways to handle the situation.
-- How long does it take to get H1-B visa under premium processing, if applied in 65000 pool?
Thanks
Rakesh
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Greatdesi
08-11 01:40 PM
Where to send the communication for AC21 to Texas Service Center? Has anybody used the email pilot?
Also, it has been 4 months since I changed my job. Should I file AC21 now?
Also, it has been 4 months since I changed my job. Should I file AC21 now?
more...
fromnaija
12-09 04:25 PM
If you have only one copy ICE officer will make a copy at the port of entry and give you the original. If you have two copies, ICE will take one and give you the other.
pleasehelpme2
02-07 11:42 PM
bump! please anyone reply~ thanks
more...
askreddy
09-24 10:57 PM
Hi
I need to travel out of US urgently because of family emergency.
1) Can I get emergency AP from local/district ofices with supporting documents
2) I saw that I can travel until I get my AP approved.Has any oine denied entry because of they travelled out of US while ap processing is pending.Any experiences..
Thyanks
Sree
I need to travel out of US urgently because of family emergency.
1) Can I get emergency AP from local/district ofices with supporting documents
2) I saw that I can travel until I get my AP approved.Has any oine denied entry because of they travelled out of US while ap processing is pending.Any experiences..
Thyanks
Sree
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jasmin45
07-31 08:43 PM
Can admins move this post to appropriate forum.. this is floating arould in September 13th rally one... should be in GC related forum.
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pod1
10-21 12:38 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
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Sdk
05-25 05:24 PM
Hi,
I have recently been laid off from my job, I'm thinking of pursuing a associate degree course from a nearby community college and change to F1 status. I already have a MS degree, Would it be a problem for the change of status?
Thanks,
SK
I have recently been laid off from my job, I'm thinking of pursuing a associate degree course from a nearby community college and change to F1 status. I already have a MS degree, Would it be a problem for the change of status?
Thanks,
SK
more...
solaris27
12-20 08:37 AM
no it will not if you are not working for that employer and not using that H1B visa .
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Ann Ruben
05-24 08:27 AM
You should be protected by the 180 day grace period provided by �245(k).
more...
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Prashanthi
07-02 11:16 AM
If her H-4 has not expired she can file now for a change of status from H-4 to H-1, as per the last action rule, her petition filed now will override the earlier request for H-4 extension. If she does not have an unexpired H-4 she can file for COS based on the pending H-4 extension request by including the receipt.
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kashyapjv
07-19 03:06 AM
During the month of June, when the dates were announced in July Bulletin, that all the EB are CURRENT, we were prepared to apply. But my wife has some health issues and after the July2nd news, she left to India for Treatment. As per doctors now she can't travel till end of August. My questions are:
1) If I apply for my I-485, at what stage in I-485 can i add my wife as a dependant so she also gets her EAD and AP along with me?
2) Somewhere on the internet, I have seen that I can apply for my spouse's Green card 180 days after my Green card approval also as long as we were married before my I-485 was applied. Is this true? Can someone please confirm?
3) Curretnly my wife is on H-1B and she still has 5more years on it. Can I apply for her I-485 once the dates open up again?
Please advice as what are the best options?
1) If I apply for my I-485, at what stage in I-485 can i add my wife as a dependant so she also gets her EAD and AP along with me?
2) Somewhere on the internet, I have seen that I can apply for my spouse's Green card 180 days after my Green card approval also as long as we were married before my I-485 was applied. Is this true? Can someone please confirm?
3) Curretnly my wife is on H-1B and she still has 5more years on it. Can I apply for her I-485 once the dates open up again?
Please advice as what are the best options?
more...
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newtoh1
06-15 07:34 PM
Will it be ok to change employers multiple times on EAD with in shrt span of time difference?
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gc_on_demand
06-06 02:37 PM
Hi,
I just got H1B. My wife is currently on her F-1/OPT. Can anyone guide me where I can find required documents to apply for H4 for my wife? Do you think I can do it myself or it needs a lawyer?
Thank you,
John
John
Didn't create same thread. Please check that one. Please call members of lawmakers. Admin please close this thread.
I just got H1B. My wife is currently on her F-1/OPT. Can anyone guide me where I can find required documents to apply for H4 for my wife? Do you think I can do it myself or it needs a lawyer?
Thank you,
John
John
Didn't create same thread. Please check that one. Please call members of lawmakers. Admin please close this thread.
more...
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Blog Feeds
01-24 07:50 AM
A fat report and one with some helpful recommendations and statistics. Here are some of the more interesting items I found - - Of the top 150 H-1B employers, 24 were deemed H-1B dependent (a high percentage of workers on the H-1B) and 9 had prior H-1B violations. - Real earnings growth for US workers in occupations with proportionately more H-1B workers - particularly IT - was actually much stronger than the general US worker. - Engineers and IT professionals on H-1Bs were more than twice as likely as their US counterparts to have advanced degrees. - The proportion of...
More... (http://blogs.ilw.com/gregsiskind/2011/01/government-accountability-office-releases-report-on-h-1b-program.html)
More... (http://blogs.ilw.com/gregsiskind/2011/01/government-accountability-office-releases-report-on-h-1b-program.html)
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roseball
01-31 12:46 AM
Hello Seniors,
Can you please let me know what is the process to open an already approved case in USCIS? Is it possible ?
Your help really vital for me.
Thanks a lot
You can file a I-824 application.
Can you please let me know what is the process to open an already approved case in USCIS? Is it possible ?
Your help really vital for me.
Thanks a lot
You can file a I-824 application.
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vaishnavilakshmi
06-21 05:15 PM
Hi,
Since iam nursing my son,mmr vaccination was not given to me.i saw my report and compared.In the contraindication colomn ,he checked for MMR vaccination.This means for some reasons(or if under medication) i was not given this vaccination?Did anyone experience this?will i b asked to take it ?
vaishu
Since iam nursing my son,mmr vaccination was not given to me.i saw my report and compared.In the contraindication colomn ,he checked for MMR vaccination.This means for some reasons(or if under medication) i was not given this vaccination?Did anyone experience this?will i b asked to take it ?
vaishu
rbalaji5
05-20 12:23 AM
Hi Friends,
Any way to expedite Indian Passport renewal in India. My wife applied the passport renewal in Chennai in Feb 2011. It is almost 3 months. Usually how long it will take ?. Is there a way to contact them to expedite the process.
I applied Tatkal passport renewal for my son in April 2011. It is a month now. Not received.
There is no enough information on whom to contact and how to expedite the service.:(
Any useful information is appreciated.
Any way to expedite Indian Passport renewal in India. My wife applied the passport renewal in Chennai in Feb 2011. It is almost 3 months. Usually how long it will take ?. Is there a way to contact them to expedite the process.
I applied Tatkal passport renewal for my son in April 2011. It is a month now. Not received.
There is no enough information on whom to contact and how to expedite the service.:(
Any useful information is appreciated.
nam_koh
05-23 11:14 AM
I am on H1 visa and I have a sister with citizenship.
I am wondering if I can file i-130 (family based immigration) now and file Employment based immigration later?
Is it OK to file 2 green cards applications? which one will take place then?
I am wondering if I can file i-130 (family based immigration) now and file Employment based immigration later?
Is it OK to file 2 green cards applications? which one will take place then?
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