shana04
02-23 04:23 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
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snathan
03-31 08:02 AM
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
wos15
07-29 01:06 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization. Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed. Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
I hope somebody can help me.
Thanks
I hope somebody can help me.
Thanks
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martinvisalaw
06-16 11:09 AM
Not all non-profits are cap-exempt.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.
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kartikiran
06-18 11:07 AM
Any IV members from Long Island, New York, please list yourself here.
Does not matter what country you are from or what industry you are working in, as long as you are waiting for green card you belong here.
Trying to see if we can arrange for a "meet and greet" and see if we can schedule an event with our state chapter leaders.
Please note, connected to this initiative is also a media opportunity to talk to a reporter if we can bring out our experiences/stories.
Thanks.
Does not matter what country you are from or what industry you are working in, as long as you are waiting for green card you belong here.
Trying to see if we can arrange for a "meet and greet" and see if we can schedule an event with our state chapter leaders.
Please note, connected to this initiative is also a media opportunity to talk to a reporter if we can bring out our experiences/stories.
Thanks.
ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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golgappas
06-23 09:46 AM
Try Naresh Gehi - 7182635999
He is based in Queens - easily accessible from Manhattan too
He is based in Queens - easily accessible from Manhattan too
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Jimi_Hendrix
12-14 03:47 PM
You have a valid point and I hope that IV planners take note of this.
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morchu
07-25 03:30 PM
She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
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desanar
04-05 08:49 AM
Please share as much information as you can so it will also help views of this forum.
Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.
Is your friend working? 26 states requires SSN, if your friend is working on SSN required state, how she/he got it? Most of the RN position just required 2 year education how does the individual able to file H1B. Please try to answer as many question as you can. Thanks.
more...
tinamatthew
07-18 03:50 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
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aachoo
02-03 01:44 AM
Dont flll 1040 by yourself if you are not a tax expert.
Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.
get Some software such as Turbotax or Taxcut
Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a
Line 34 in 1040 is tuition and fee deduction and you have to file form 8917.
get Some software such as Turbotax or Taxcut
Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a
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lorebarba27
07-30 04:04 AM
According to new regulations only jobs on Job Zone Five can apply for EB2???
If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.
Please advise,
If this is true only 15-1011.00 - Computer and Information Scientists, Research can apply under EB2 category for ITJobs.
Please advise,
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hibworker
11-24 04:08 PM
What I mentioned above applies to new H1 filing. The person can start working as soon as H1 is approved which can be as quickly as 15 days or less if done under Premium Processing.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
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ps57002
12-02 08:27 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
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milind70
03-27 02:42 PM
I 140 if filed in premium- USCIS sends an recipt email with recipt number to your lawyer,if he shares that email with you u can check the status online on USCIS website .
It takes anywhere from 5 days to 15 days to get any response.
If your case is straight forward u get approval within 5 to 8 days depending upon the workload and the service center. Also depends upon how your case is positioned, category and documents provided with the petition application.
I 485 i have no idea but if ur PD is current should not take long,my friend got his card in 20 to 25 days max but he had not filed concurrently as he had observed concurrent filing leads to a delay in 485 process.
It takes anywhere from 5 days to 15 days to get any response.
If your case is straight forward u get approval within 5 to 8 days depending upon the workload and the service center. Also depends upon how your case is positioned, category and documents provided with the petition application.
I 485 i have no idea but if ur PD is current should not take long,my friend got his card in 20 to 25 days max but he had not filed concurrently as he had observed concurrent filing leads to a delay in 485 process.
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RDB
07-06 12:13 PM
EAD renewal usually takes 60-90 days.....however, you can look for the approx. timelines on https://egov.uscis.gov/cris/jsps/ptimes.jsp and look for the processing times for your service center.
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
My receipt date is June 20th and haven't received the EAD yet - I don't even expect to receive it before August end.
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
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rockstart
01-17 07:38 PM
Just curious PD of 2004 gets an RFE on I 140 in 2009? Howz that possible? how many years was your labor pending
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GCKarma
07-20 02:40 PM
well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
gcdedo
01-23 06:49 AM
Off Lately in this forum and thru my freinds I am hearing premiums are also getting delayed..
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
FinalGC
06-09 10:42 AM
Good Job...Pappu and IV Team..
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