desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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bhartigorkar
07-26 11:44 AM
I am not the art student.Just using online resources i was trying to build my skills.May be this is reflecting in my work now.So i have decided to quit from this competition.I am taking back all of my entries.
Thanks
Bharti
Thanks
Bharti
kiwi
10-27 03:48 PM
My Labor PD is Jan 2003, was approved on Sept 25th. Got it last week. It is very random process I guess. Can't tell how long you have to wait knowing so many people behind us got their approvals before us. Any inquiry didn't work. I just gave up and waited.
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thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
more...
STK
02-08 10:58 AM
If I dont transfer my H1B for a couple of years then what happens. So for example I get a job today and start working on EAD and there for a 2-3 years just by renewing EAD via my husband. Three years down the lane I want to get back on H1B due to problems with I485. Is it possible to get on H1B at point in time because I still have three years remaining on it. WOuld the cap be applicable? In addition, if we find out there is a problem with I 485, does INS give me some time like 1-2 months to make that change in status that is from AOS to H1B?
newbee7
07-15 08:04 AM
The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.
more...
parablergh
08-27 02:43 PM
[QUOTE=bin2000;764909]Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
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pscdk
08-05 08:15 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
more...
ashkam
10-16 03:06 PM
Hi,
If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).
goodluck,
vaishu
By courtesy copy do you mean the original I-797C?
If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).
goodluck,
vaishu
By courtesy copy do you mean the original I-797C?
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Blog Feeds
07-29 05:30 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
more...
somegchuh
07-11 06:09 PM
Hi Bose,
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
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04-04 11:27 PM
It is a good college for nursing. I had a friend who studied nursing there and loved it.
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skd
11-13 02:04 PM
I have same question
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cilantro
09-29 02:37 PM
@zamoo: due to the family emergency, i have already used my FMLA for the current year. thats the reason, i dont see any option. But u are right in suggesting that i should not take any drastic measures. i am still in the process of iscussing my options with my hr dept.
@rams75: I have also considered the counsular processing option. But in case they ask for a employers letter, i will not be able to provide.
Thanks for ur time and advice.
@rams75: I have also considered the counsular processing option. But in case they ask for a employers letter, i will not be able to provide.
Thanks for ur time and advice.
more...
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suwsku
04-05 05:23 PM
and it's still valid for almost 2 years.
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
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ivgclive
04-25 04:24 PM
Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
more...
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americandesi
02-01 01:22 PM
Most of the times all they want it that you introduce them as a sub vendor and pay them $2-5/hr. So the new relation ship will be
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
Z -> New Vendor -> Y -> X -> You
On the other note, these kinds of multiple layers are illegal and subcontracting is not allowed as per H1 rules.
Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=12185
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immi_2006
10-04 10:20 AM
Did he/she send the original Employment letter? What is the PD of your friend?
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amitjoey
07-03 05:27 PM
Hi guys
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks
I485 approved means GC Approved.
thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
Which is correct? Any help.
thanks
I485 approved means GC Approved.
singhsa3
12-13 12:55 PM
They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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