indianabacklog
02-26 09:57 PM
Hello,This is my first time here.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
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sundeep14
07-14 04:56 PM
Thanks for quick responses..my worry is that USCIS should not put my 485 case in storage just thinkin that my 140 is not approved...though i have the approval in hand they have the online status as processin..i wonder how they follow procedure while approvin case...
ujayra01
07-18 08:29 PM
you are correct .
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
Thanks for your reply.
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
Thanks for your reply.
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gemini23
07-02 08:56 AM
Please christ sake, please stop posting the things you HEAR. as per the visa bulletin , things are still current. Check the bulettin before posting, and save a couple of people who would die of strokes.
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peace.
more...
getgreensoon1
04-26 11:46 AM
Hi,
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
gc_on_demand
02-17 10:11 AM
Thanks for sharing the info.
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
It was first H1b ext. Company did not send second copy to Kentucky CC . On roadside window where VFS does preliminary check , vfs person put PIMS forbid in DS 156. Dont know what does it mean. also h1b renewal was in nov 2008 and I went for .stamping in feb 2009.
One more thing VFS mumbai told me that they will not allow even US born child ( even new born ) if they are not applicant. Only applicant child ( those who are for h4 ) allowed inside. at delhi situation was totally different.
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
It was first H1b ext. Company did not send second copy to Kentucky CC . On roadside window where VFS does preliminary check , vfs person put PIMS forbid in DS 156. Dont know what does it mean. also h1b renewal was in nov 2008 and I went for .stamping in feb 2009.
One more thing VFS mumbai told me that they will not allow even US born child ( even new born ) if they are not applicant. Only applicant child ( those who are for h4 ) allowed inside. at delhi situation was totally different.
more...
jsb
07-06 01:53 PM
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?
Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.
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?
Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.
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shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
more...
omahaguy
01-16 11:13 AM
Thank you all for your replies.
My mother-in-law also has plans to apply visitor visa. She is also a widower.
Is it risk if both my mother-in-law and grand mother (widower) go togethor for visa interview?
My mother-in-law also has plans to apply visitor visa. She is also a widower.
Is it risk if both my mother-in-law and grand mother (widower) go togethor for visa interview?
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logiclife
05-21 09:55 PM
Most companies that hire H1b workers or sponsor F1/OPT status workers for first-time H1 either have a law-firm deal all their immigration cases or an outside lawyer. Some of the big companies have a full-time in-house counsel.
Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).
Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.
There are H1 specific forums on www.immigrationportal.com which would have more details.
Thanks.
Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).
Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.
There are H1 specific forums on www.immigrationportal.com which would have more details.
Thanks.
more...
dummgelauft
07-24 08:47 AM
Short visits outside US, while within contigous North American territory, are not treated as " exit". So, you are fine.
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04-29 05:09 PM
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impala
09-18 01:27 PM
god,,,this betrayel is killing me,,,,,can't able to digest this news,,,,
my dates are NOT current also ...
any advise?...
my dates are NOT current also ...
any advise?...
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tnite
10-24 03:51 PM
Please reply
I did get a LUD on Oct 11th but nothing as of yet.check my signature for more details.
Wait..Wait and wait..
I did get a LUD on Oct 11th but nothing as of yet.check my signature for more details.
Wait..Wait and wait..
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uma001
04-22 10:08 AM
1 . Where is the donor forum? I could not find it
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.
more...
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optimizer
03-22 11:42 AM
Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
I am in a unique situation. Here's my long story.
I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.
That would be close to 12 years on H1B. I know, very long.
After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.
My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.
The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.
Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.
I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.
Is there a legal way to extend my H1B next year under these circumstances? If so how?
Thanks in advance
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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Dhundhun
07-09 04:52 PM
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
Actual date of last physical entry.
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
Actual date of last physical entry.
casper21
11-10 08:50 AM
Can someone Pls help me to find an answer?
:(:(:(
:(:(:(
Life2Live
12-19 04:55 PM
I do have house here and I am 6th year of H1B, I did appeal on my I-140. If that gets denied I have no option than going back. In that case I have to sell my house or file bankruptcy foreclosure +++.
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