morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
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rrk
03-18 10:58 AM
Hi,
I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.
I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.
phillyag
02-12 03:36 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
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thomachan72
03-28 03:17 PM
I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.
more...
dpp
02-12 12:35 PM
It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.
sgX05
02-12 10:32 PM
ohguy,
Did you have any RFEs on your 485 application. If yes did your case status change from RFE to Initial Review after transfer to TSC?
Did you have any RFEs on your 485 application. If yes did your case status change from RFE to Initial Review after transfer to TSC?
more...
bestin
12-21 08:28 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.
If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.
Good luck
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.
If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.
Good luck
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seaken75
11-01 01:36 PM
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.
Is my lawyer and me the only people that interpret it this way?
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The original regulation does not include my country and therefore the extension. The requirements in the document uses the word AND, not OR. So even though i will remain in the U.S. after April 25, 2003, i should still be exempted since my last entry date to U.S. was after Sept 30, 2002.
Is my lawyer and me the only people that interpret it this way?
more...
dwhuser
06-15 01:02 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
Our question....Is it sensible to travel on AP him being unemployed?
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mars
07-15 04:25 PM
Hi,
Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?
Also what's the general processing time for H1 Extension.I mean how many days does it take..
Mars
Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory ?
Also what's the general processing time for H1 Extension.I mean how many days does it take..
Mars
more...
Life2Live
07-16 02:40 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
No wonder why we have not heared any 485 Rejection form NSC... I guess...
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
No wonder why we have not heared any 485 Rejection form NSC... I guess...
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dontcareanymore
08-04 03:36 PM
Someone gave me red for this post...i dont understant why???
Two words :
Trigger happy ....
Two words :
Trigger happy ....
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linuxra
09-28 08:20 PM
waiting for reply from any of u guys...pls...
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lost_in_gc_land
01-31 01:26 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
more...
pictures Kate Middleton and Prince
english_august
09-17 09:07 AM
All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.
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simple1
10-12 03:26 AM
Troll Alert. Avoid sympathising every one on the forum. Anti immigrants create fake stories for their media bosses.
more...
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lvinaykumar
01-20 02:01 PM
new look is great
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alterego
05-28 09:49 AM
As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.
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raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
belmontboy
04-25 07:11 PM
check the website: http://murthy.com/news/n_noh1bp.html
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
gc_on_demand
09-09 02:23 PM
These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
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