shae marks
05-31 09:41 PM
Hi Immigration Gurus,
I have a valid H1B Visa which is expiring on Feb 16th, 2008 and my old H1 is expiring the same day as my Visa. I applied for my H1B extension my H1 extension is pending. I am planning to go to india on Dec last week and coming back on jan 7th.
1) Can I travel without any problems/
2) While coming back, what are the documents I need to show, will my old H1 is enough or do I have to show receipt of showing I applied for extension?
I really appreciate your time and advice, advanced thanks
I have a valid H1B Visa which is expiring on Feb 16th, 2008 and my old H1 is expiring the same day as my Visa. I applied for my H1B extension my H1 extension is pending. I am planning to go to india on Dec last week and coming back on jan 7th.
1) Can I travel without any problems/
2) While coming back, what are the documents I need to show, will my old H1 is enough or do I have to show receipt of showing I applied for extension?
I really appreciate your time and advice, advanced thanks
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sammywammy
04-27 10:24 PM
The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
adfrn111
01-09 11:08 PM
thanks
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kadarm
01-02 11:37 AM
My attorney filed a SR. Can I call USCIS to get an update. The online update still says pending.
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loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
eldrick
07-24 01:10 PM
As soon as I got the receipt number, I immediately started working for Company B, thus, under they're payroll.
So, should I've entered Company B as current employer?
So, should I've entered Company B as current employer?
more...
rajeev_74
04-21 04:02 PM
I think approved I-140 is the right stage. Why do we have to live in uncertainty after an application for immigration has been approved. It also makes sense to request AOS for 5+ years of H1 as well.
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bkarnik
09-24 08:36 PM
OK...I just got an email from my Attorney. It is indeed what she thought. She received our receipts today from the CSC. The receipts have a receipt date of July 23rd and a notice date of September 19th. As to why the CSC sent out the other notice transferring the case back to NSC to me only and not the Attorney...that is a mystery. She plans to speak to our State Senator and hopefully get some answers.
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04-22 06:56 PM
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glus
04-18 12:20 PM
If one applied for his I-485 before the H-4 visa was expired, then not a problem. The minor could obtain a new h-4 visa stamp overseas. He / she should take AP with her / him just in case they can't issue a visa for any reason.
Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.
Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.
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Saralayar
08-25 02:32 PM
I was employed by company A between 2002 who has filed I-140 and I-485 in 2007.
After company ceased to exist, USCIS granted an H1 extension based on an approved ALC filing and I moved to company B. According to the owner of company A, it has no plans to file for bankruptcy.
Company B filed for the H1B extension and I received one that expires Oct 2012. However, company B is now unwilling to continue my employment. My employment will cease Nov 2010.
Besides looking for another job, anyone has any inputs?
Provide all your details in your profile (Prioroty date, I140 filing date, country etc., ). Then based on that, you can get relevant info from members.
After company ceased to exist, USCIS granted an H1 extension based on an approved ALC filing and I moved to company B. According to the owner of company A, it has no plans to file for bankruptcy.
Company B filed for the H1B extension and I received one that expires Oct 2012. However, company B is now unwilling to continue my employment. My employment will cease Nov 2010.
Besides looking for another job, anyone has any inputs?
Provide all your details in your profile (Prioroty date, I140 filing date, country etc., ). Then based on that, you can get relevant info from members.
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vaishnavilakshmi
06-20 02:02 AM
Hi,
category-eb3
pd-march2002
i-140-applied on 1st june 2007
i-140 reciept???waiting
IS anyone who has substituted labor(pd2002) and applied for i-140 and recieved the reciepts or approvals for i-140???Please update ur status here..
cheers,
vaishu
category-eb3
pd-march2002
i-140-applied on 1st june 2007
i-140 reciept???waiting
IS anyone who has substituted labor(pd2002) and applied for i-140 and recieved the reciepts or approvals for i-140???Please update ur status here..
cheers,
vaishu
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pmat
01-31 04:38 PM
The only benefit of F1 over H4 is you get to use OPT and CPT. Doing an internship may be very beneficial if you are doing a MBA. After that OPT helps you to settle in a job and deal with H1B filing quota risks.
Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.
Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.
my 2 cents...
Regarding the downside of F1, many universities don't give instate tuition eligibility to students on F1. On H-4, you may pay instate tuition to many universities. So, check with the university that you are planning to attend.
Also, it will be very difficult to get a F1 visa stamp on your passport if I140 has been filed for you in the past. Its not a problem if you don't want to travel outside the country during your studies.
my 2 cents...
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spiro
05-08 04:03 PM
Hi..
I have an h1b stamped in passport that expires in july 2011. However, it is totally unused because i had to leave my company for higher studies in 2009. Now, i am joining the same company again in may 2011 after studies.
1.Is visa extension for 3 years possible in such case..?
2. Will there be any problem because of not using the visa at all till now..?
3. Is there a minimum time limit after joining aftre which only I can apply for extension..?
4. Most important, can i apply for extension even after expiry of visa in july,2011...??
Many thanks,
spiro
I have an h1b stamped in passport that expires in july 2011. However, it is totally unused because i had to leave my company for higher studies in 2009. Now, i am joining the same company again in may 2011 after studies.
1.Is visa extension for 3 years possible in such case..?
2. Will there be any problem because of not using the visa at all till now..?
3. Is there a minimum time limit after joining aftre which only I can apply for extension..?
4. Most important, can i apply for extension even after expiry of visa in july,2011...??
Many thanks,
spiro
more...
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gc_chahiye
10-29 05:51 PM
There is no need to withdraw your 485. But why do you need 2 485's. It just shuts out visas for others. You can continue on H1b with your current employer and join in EAD with the other.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
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STAmisha
06-23 08:15 PM
I have a very unique problem.
I'm filing 140 and 485 now with my current company (company B). I came to USA in Sep 2000 via company A. I joined current company in May 2003. I did not resign from company A till July 2003 ( was on vacation from company A and got paid).I also got experience letter from company A saying that I worked from Sep 2000 to july 2003
Now in my biographic forms should I declare that I worked in company A from Sep 2000 to May 2003 (or) Sep 2000 to July 2003?
If I put Sep 2000 - July 2003, will I be in a problem? Please advice
Also, I LC just got approved from P-BEC. We dont have the physical copy yet. can we file 140 and 485 without it?
I'm filing 140 and 485 now with my current company (company B). I came to USA in Sep 2000 via company A. I joined current company in May 2003. I did not resign from company A till July 2003 ( was on vacation from company A and got paid).I also got experience letter from company A saying that I worked from Sep 2000 to july 2003
Now in my biographic forms should I declare that I worked in company A from Sep 2000 to May 2003 (or) Sep 2000 to July 2003?
If I put Sep 2000 - July 2003, will I be in a problem? Please advice
Also, I LC just got approved from P-BEC. We dont have the physical copy yet. can we file 140 and 485 without it?
more...
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Devils_Advocate
09-13 11:55 AM
You can file uptill Sep30 2010, or when the quoto gets over, whatever happens first.
And as far as your start date is concerned, if your H1B is from the 2009-2010 quota and you've applied for it after oct 2009, it can start anytime after Oct2009 till Sep2010 ( the date your H1B gets approved), please get this confirmed though.
And as far as your start date is concerned, if your H1B is from the 2009-2010 quota and you've applied for it after oct 2009, it can start anytime after Oct2009 till Sep2010 ( the date your H1B gets approved), please get this confirmed though.
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jettu77
05-12 03:22 PM
Here is the link.
http://immigrationvoice.org/forum/showthread.php?t=18737&page=6
webm, Thank you once again.
http://immigrationvoice.org/forum/showthread.php?t=18737&page=6
webm, Thank you once again.
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dish
10-03 03:38 PM
Recently we are not seeing many job postings by dallas bec , in the name of teamexceed ofcourse. PBEC is running the recruitment process in a faster way. More Advertisements..........On the other hand, DBEC still in a slumber.......
sammyb
02-28 04:10 PM
as far I know if the original/extension petition has expired then it is a case for new H1 ... hope others can confirm this ..
Any suggestions??
Any suggestions??
lisunysb
08-04 03:38 PM
Hi,
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
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