problem2010
01-05 12:27 PM
I am currently on H1-B, however, I was not staffed on any project and hence was not paid for the past one year and two months. Now I want to apply for a change of status to H4 and found that I may need to provide recent pay stubs for 2-3 months. I was not aware of the rule that in such case one should file a COS within 180 days of H1-B activation. I spoke to my employer about this and he asked me to file for a COS without submitting any pay stubs. In case a RFE comes asking for pay stubs etc, he said we would provide a letter stating that due to personal family problems and relocation problems I was not able to join any project.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
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vaishu.naidu
04-05 08:41 PM
I entered US on H1 and the officer stamped the I-94 expiry date to the expiry date of the passport. I applied for a new passport but forgot about the I-94 expiry date. Does it mean that my H1B is expired and not valid? Can I re-enter US on the same H1B visa. Or, my H1B is no longer valid and I have to use AP?
Please let me know.
Please let me know.
pappu
10-17 07:27 AM
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If you want to contribute, then sign up for monthly contributions to IV.
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waitforgc1
05-27 04:22 PM
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rkm.cvg@gmail.com
03-26 04:02 PM
Vikram ,
Can you please share your experience of getting the visa in one day at Detroit ?
Regards,
rkm
Can you please share your experience of getting the visa in one day at Detroit ?
Regards,
rkm
mirage
04-10 09:29 AM
Very good!!! I guess it relates to most of us..
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Gator
02-25 12:31 AM
Hi-
My current EAD was issued in 2007 when I filed I-485 + I-140 concurrently. It has since expired. I did not apply for a renewal because I am still on my H1B.
I am applying for a renewal now and had a question regarding filling out form I-765
Q15. Current Immigration Status ( Vistor, Student, etc )
I am still on my H1B. So I think I should write H1B and not AOS. But I am not sure.
I filled (C)(9) for Q16 Eligibility Criteria, and since I live in Ohio I am sending it to USCIS Phoenix Lockbox Facility. My receipt notice is Aug 2007 and to be sure I am including the $380 fee.
Appreciate your help!
Thanks
My current EAD was issued in 2007 when I filed I-485 + I-140 concurrently. It has since expired. I did not apply for a renewal because I am still on my H1B.
I am applying for a renewal now and had a question regarding filling out form I-765
Q15. Current Immigration Status ( Vistor, Student, etc )
I am still on my H1B. So I think I should write H1B and not AOS. But I am not sure.
I filled (C)(9) for Q16 Eligibility Criteria, and since I live in Ohio I am sending it to USCIS Phoenix Lockbox Facility. My receipt notice is Aug 2007 and to be sure I am including the $380 fee.
Appreciate your help!
Thanks
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Tommy_S
04-10 02:39 AM
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bugsbunny
05-01 04:15 PM
Guys:
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
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Sammo
04-22 06:06 PM
:) thanksies, I'll have a play around with a couple more.
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gc_on_demand
01-07 10:56 AM
My wife is from Bangalore, however since Chennai did not have available dates till Jan 20th she has scheduled her H4 appointment at New Delhi for Jan 9th. Please share experiences.
thanks,
Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.
thanks,
Share what ? Chill dude.. Make sure you have all required documents. They will not reject your case if it is genuine.
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nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
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jerrygreat
11-25 09:09 PM
Hello, All buddies:
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
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terpcurt
January 11th, 2004, 09:06 AM
That is truly a lot of snapping....