BraveMadMan
07-18 10:29 AM
:)
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lazycis
02-12 03:42 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.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
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.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
2011 I almost died when I saw Blake
quizzer
11-15 05:32 PM
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
more...
vedicman
01-20 12:43 PM
Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)
EndlessWait
08-01 12:39 PM
http://lofgren.house.gov/PRArticle.aspx?NewsID=1819
Good going.
Good going.
more...
obelix
12-22 03:44 PM
Side question, very much related to OP's question.
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
How to run the payroll while you still waiting for SSN?
My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?
I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.
I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?
Thanks
2010 Celebrity Style: Blake Lively
cdeneo
03-25 08:55 PM
Hi there,
I had a quick question on the best/quickest way to mail Advance Parole paper filing application to USCIS:
I would like to get some sort of tracking but the address I had was a PO Box in Nebraska.
I am guessing I would need to use USPS to mail the package - what kind of mailing do I need to do so that it reaches quickly and I get tracking that it got delivered to USCIS.
My concern was that whether sign on receipt option would work or not given that this is a PO Box address.
I would really appreciate your input on this. Thanks!
I had a quick question on the best/quickest way to mail Advance Parole paper filing application to USCIS:
I would like to get some sort of tracking but the address I had was a PO Box in Nebraska.
I am guessing I would need to use USPS to mail the package - what kind of mailing do I need to do so that it reaches quickly and I get tracking that it got delivered to USCIS.
My concern was that whether sign on receipt option would work or not given that this is a PO Box address.
I would really appreciate your input on this. Thanks!
more...
sk2006
05-25 01:21 AM
My Employer is not paying me salary even I am on Project.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
can any one please tell me that how to report to DOL about this company.
AGT
Would you please care to update your profile?
It appears you created and ID just to post this question.
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malibuguy007
10-02 09:40 AM
Many of you would have had the chance to discuss with your better halves yesterday night - ready to contribute now? :D
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ivgclive
12-09 04:43 PM
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.
1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)
So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).
It all says that "They don't like the WORLD".
So, a slight change in your title "Just a LIFE gone waste".
God must be crazy and not doing QA after producing these humans.
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.
1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)
So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).
It all says that "They don't like the WORLD".
So, a slight change in your title "Just a LIFE gone waste".
God must be crazy and not doing QA after producing these humans.
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uslegals
12-21 12:04 PM
Thanks Guys.! this is really, really helpful. Appreciate your advice.!!
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
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franklin
02-12 05:52 PM
No, experience from current company does not count.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
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Leo07
10-21 04:36 PM
LOL...similar to yours?( except that you have chargeability:India)
I'm sure you've a valid reason..just could not resist the post.
You profile has no information...
I'm sure you've a valid reason..just could not resist the post.
You profile has no information...
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martinvisalaw
04-19 02:44 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.
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engineer
07-16 01:57 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..
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..
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jimecalfa
01-08 03:09 PM
I apologize to everyone who has been offended by my post. I really appreciate your suggestions.
Thanks.
Jime
Thanks.
Jime
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psaxena
06-25 12:55 PM
I am willing to take the lead and the initiative for sending faxes to congressman for the CIR.
I am going to take an off tomorrow for this and dedicate my whole time for this.
I need some volunteers who can help me in putting up the letter together for this and other activities.
There are different action items required to do this
1. Draft the letter which communicates in a clear and precise way our agenda.
2. Get as many number of immigrants to send the fax.
3. Step by Step guide or a page on website where an end user can enter the information and send the fax.
No Donation or travel is required for the rally, just a few minutes of your 24 hours is required to do this.
Only who want to volunteer for any of the 3 action items please reply to this and no one else.. this is my humble request... I am a very focussed guy and do not want any distraction in this activity. As part of the 3rd action item another thread will be posted with the instructions on how to do that in the quickest and the best way.
I am putting up a poll and at the end of the day I'll send the conf call number as well for the volunteers.
And thanks in advance to all the volunteers. and also if you don't volunteer doesn't make you any less than a volunteer, if you support and help building this community stronger and much closely knitted.
I am going to take an off tomorrow for this and dedicate my whole time for this.
I need some volunteers who can help me in putting up the letter together for this and other activities.
There are different action items required to do this
1. Draft the letter which communicates in a clear and precise way our agenda.
2. Get as many number of immigrants to send the fax.
3. Step by Step guide or a page on website where an end user can enter the information and send the fax.
No Donation or travel is required for the rally, just a few minutes of your 24 hours is required to do this.
Only who want to volunteer for any of the 3 action items please reply to this and no one else.. this is my humble request... I am a very focussed guy and do not want any distraction in this activity. As part of the 3rd action item another thread will be posted with the instructions on how to do that in the quickest and the best way.
I am putting up a poll and at the end of the day I'll send the conf call number as well for the volunteers.
And thanks in advance to all the volunteers. and also if you don't volunteer doesn't make you any less than a volunteer, if you support and help building this community stronger and much closely knitted.
GCWhru
12-01 09:48 AM
I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.
Thanks
Thanks
jimcourier
06-08 05:14 PM
Hi folks,
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
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