ScratchingHead
09-30 05:33 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.
If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.
Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.
If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.
Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
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visshy
09-12 11:01 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
spgtopper
02-03 09:09 AM
Seems like a step in the right direction....
S.
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visshy
09-12 09:06 AM
My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
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cdeneo
06-07 04:03 PM
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.
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.
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.
more...
jonty_11
08-01 01:16 PM
looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....
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gchopes
04-25 12:38 PM
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
more...
willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
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gclabor07
02-12 08:31 PM
Sorry, if this seems off-topic.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
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sunnymit
02-17 04:19 PM
Where does one get this document that you have posted here?
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ita
11-08 03:16 PM
Address Change Online: 24x7 & Calling USCIS : Mon - Fri
Is it enough if I change the address online and confirm it with USICS.
Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?
Thank you.
Is it enough if I change the address online and confirm it with USICS.
Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?
Thank you.
more...
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sukhyani
03-05 12:32 PM
Rest of the World.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
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airbusfan
06-01 12:10 PM
I also have access issue, but just since yesterday. Again like Rahul, I'm by no means desperate to have access to the forums, but would be nice. Please let us know if there is an issue that we can help out with in this regards!
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
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anai
08-21 11:05 AM
PD Nov 2004
RD July 2 2007
ND Sep 2007
NSC, EB2-I
RD July 2 2007
ND Sep 2007
NSC, EB2-I
dresses Tyra Banks spent her Sunday
Jaime
09-06 04:42 PM
UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
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Imigrait
02-07 12:44 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
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CaliHoneB
06-05 03:53 PM
Hi,
I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to go..so this should be handled seperately. I am willing to contribute, send faxes and call the senators.
Cheers
I think we need to get some facts from DBEC and PBEC through senators. Basically we need to find out how much time(man hrs) per case they are spending so far and project that to Future (Sept2007) and then probably we can prove that What they are saying " backlog will be eliminated by certain date" is impossible.
I ask IV core team to come up with a strategy to tackle this. I know that IV core team has put 6 months time frame in the bill ( I truely appreciate IV efforts in this) but bill becoming a law has a long way to go..so this should be handled seperately. I am willing to contribute, send faxes and call the senators.
Cheers
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samcam
10-24 12:57 PM
I am planning to invoke AC21 and change employers very soon. I need inpuit (good/bad) on any attorney to use. I have done initial consultation with Murthy law firm, but looks like their charges are high.
Any input in this matter would be appreciated.
- Samcam
Any input in this matter would be appreciated.
- Samcam
sukhwinderd
09-14 04:21 PM
Hi All,
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;
what are you trying to get at ? or analyze?
what matters is when you filed.
number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
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