txh1b
08-17 09:47 AM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
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meridiani.planum
06-27 01:42 PM
Hi All
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!
replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.
kabeer_g
08-10 03:39 PM
You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
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Libra
07-18 10:36 AM
My attorney says, they sent hundreds of applications and none of them returned. she says we dont have to refile, they are not going to send it back.
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
more...
sunny26
11-16 08:20 AM
Hi Raj
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
quizzer
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
quizzer
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
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abheja
08-25 03:40 PM
Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(
more...
Chicago Desi
08-18 03:00 PM
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
Another way to milk money off of legal immigrant cash cow.
http://www.immigration-law.com
--must be of great help
-Rao.
Another way to milk money off of legal immigrant cash cow.
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gman
06-19 04:00 PM
As previously stated you have to maintain H1 status for the the spouse to be on H4. If you change status to AP/EAD then your spouse will be out of status. I am in the same position as you are. My PD recently became current and my wife filed last month I-485, AP, EAD. You can change jobs but new company has to sponsor/transfer your H1.
more...
drirshad
06-22 05:46 AM
Be fast u only got a month ....
Get in touch with a good attorney, call shusterman.com and get an hour of consultation charges for u.
Tell him the situation, give him the two options. He will point you in the right direction. Remember July is the only month you have a chance. August and retrogress can kick in for Indians.
Let me add one more option to the above 2. Talk to your employers thru whom you got the approved I-140 and ask them to allow you file the I-485 since GC is for future employment u don't have to be working for them for filing I-485 now once 6 months are over with the 485 filed you can port it to ur current employer. Email me if u have questions dr_irshad2001@yahoo.com
Good luck & hurry ...
Get in touch with a good attorney, call shusterman.com and get an hour of consultation charges for u.
Tell him the situation, give him the two options. He will point you in the right direction. Remember July is the only month you have a chance. August and retrogress can kick in for Indians.
Let me add one more option to the above 2. Talk to your employers thru whom you got the approved I-140 and ask them to allow you file the I-485 since GC is for future employment u don't have to be working for them for filing I-485 now once 6 months are over with the 485 filed you can port it to ur current employer. Email me if u have questions dr_irshad2001@yahoo.com
Good luck & hurry ...
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eager_immi
02-12 10:48 PM
i think you can use experience from your OPT if you have any even if it is with the same company.
more...
kprgroup
07-22 07:11 AM
Thanks for your input.I am getting mixed info. Anyone has more details on this please let me know.......Thanks again
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makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
more...
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jasmin45
07-16 08:58 PM
Interesting to know this.. but it could be just the person whom you talked to.. did not mean to play down your enthu.. its just my thought as USCIS/NSC cannot afford to have another round of communication issues over the mess that they have presented us with "effective" communication between DOS/USCIS on June 13th and July 2nd.
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ImmigrationAnswerMan
06-30 03:06 PM
Wish Good:
Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.
Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.
more...
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krustycat
10-24 08:39 PM
fatjoe.
Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.
Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.
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chanduv23
06-25 08:00 AM
This is an answer to Ron Hira types of folks who complain H1b visas are complimenting offshore work. So the answer to Ron Hira is - B1 visa will compliment the offshoring and not h1b.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
For consulting companies - As long as they can easily transport people back and forth - whatever visa - they don't care.
This is good news for fresh h1b seekers because h1b visas will be freed up for you to come here and immigrate into the US system.
There will be a challenge to Mom and Pop body shops - As they cannot offshore and rely on h1b visa holders for a living - Durbin and Grassley amendments will pose restrictions on H1b visa consulting and these small shops will face a challenge in future.
If any of you work for these shops and want a GC - get ur EAD ASAP. I am sure changes are coming - This proves that Uncle SAM is always watching.
more...
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sledge_hammer
06-09 05:37 PM
Write a letter to the employer explaining that you need to get paid. Attach a copy of the timesheets and all other documets for proof. Send this via registered mail. Give him some time to respond, if he doesn't, then file a complaint with DOL.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
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mnq1979
08-13 03:08 PM
Guys!!!!
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
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gauravster
02-25 12:46 PM
In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.
sunshine2007
08-27 04:55 PM
this is a EB3 case and i'm the primary applicant not my spouse
slowwin
06-23 09:08 AM
If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
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