mast_mastmunda
11-10 02:00 AM
Dear Friends/Experts,
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
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ashokmohan
06-07 01:55 PM
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nixstor
08-23 11:08 AM
First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.
How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?
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TheCanadian
01-02 02:24 AM
That's goofy, I wonder why.
more...
Ann Ruben
07-13 08:33 AM
Dear gc-rip,
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
If I travel after a long delay of 8 months would can cause any issue on AP based entry?
Assuming your I-485 has been pending for more than 180 days and your I-140 has been approved, the employer's request to withdraw the I-140 would not invalidate your A/P. As long as you can show that full time permanent US employment in a "same or similar occupation" will be available to you once your PD is current, you are entitled to enter the US using your AP at any time prior to its expiration.
2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?
According to minutes of a 2004 USCIS liaison meeting:
USCIS: (a) If a foreign national (i) already possesses a valid, unexpired advance parole, (ii) applies for a new advance parole while he/she is present in the U.S., and (iii) then departs the U.S., the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.
Unfortunately, informal statements such as this are not legally binding and easily subject to change.
adibhatla
06-16 11:52 AM
I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"
Hi Chandu,
Could you tell me what needs to be written to the congressman (looking at the content).
Appreciate your help in this regard.
MA
Hi Chandu,
Could you tell me what needs to be written to the congressman (looking at the content).
Appreciate your help in this regard.
MA
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cjain
11-01 06:28 PM
next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy
And how does this news add any values to our issues here ????
And how does this news add any values to our issues here ????
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gcdreamer05
09-02 11:29 AM
Can an H-4 visa holder living in the US work for an Indian employer via Internet? Can he use this experience while transferring to H-1B?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
more...
Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
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TwinkleM
06-24 12:14 AM
My H1 filed & approved thorugh company A from October 2004.
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
more...
pra945
12-18 01:59 PM
hello,
for me VO asked me to submit all documets that are listed in 221(g)
academics, LCA, all employer documets, Client letter, Pay stubs, etc
Thanks,
Praveen
for me VO asked me to submit all documets that are listed in 221(g)
academics, LCA, all employer documets, Client letter, Pay stubs, etc
Thanks,
Praveen
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maddipati1
01-13 01:31 AM
see below next to ur Qs.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
more...
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iwantgc
05-08 10:51 AM
Thanks for your opinion.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
I would also appreciate if someone could provide me some notes before I call them at 12 noon.
Thank you in advance.
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abhicyber
10-31 09:43 PM
I applied I-485/EAD/AP on RD: 07/19/07 ND: 08/16/07.
No EAD/AP yet?
LUD on AP: 10/22.
No EAD/AP yet?
LUD on AP: 10/22.
more...
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Rohan99
10-29 01:27 PM
thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
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satishku_2000
08-15 03:32 PM
I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close
Did you use AC21? how long ago you applied for 485?
Did you use AC21? how long ago you applied for 485?
more...
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vpadman
10-19 09:54 PM
Hello,
I work in Huntsville.
Can we organize some kind of a get together ?
I work in Huntsville.
Can we organize some kind of a get together ?
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gc_eb2_waiter
03-28 03:25 PM
This is really a great effort to bring all immigration related information under one roof.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
I have one suggestion. Is it possible to increase number of rows to 200( choice to users with 25/50/100/200 showings per page) and show more than 5 pages of data. I believe at least 10 pages is a good start.
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amslonewolf
05-11 02:06 PM
http://www.visalaw.com/teleconform.html
Please post and email this question at the above teleconf..
I already did.
Please post and email this question at the above teleconf..
I already did.
lvinaykumar
04-18 04:13 PM
I got married after applying for I-485, and did not apply EAD, I am hopeing if i get my PD current i will send the new application and use the EAD option...until that i have to stay on H1 ;)
Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?
Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?
satishku_2000
08-03 03:53 PM
In my opinion USCIS is not very strict on the RFE deadlines. I was late by 3 days for an RFE on my I140. They accepted. But that was more than a year ago. May be, it depends on officer.
This is the latest on my LIN number ...
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
This is the latest on my LIN number ...
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
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