keerthisagar
12-09 09:45 AM
As long as you are qualified and confident to do the job, you are in contention. However, the question is do you have a job and is your employer willing to sponsor an H1B for you.
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n.sravan
09-04 01:35 PM
Hi,
My wife is on H4 and her H1B petetion is filed in May(alongwith Change of Status) and is still in process. She travelled out of USA last month on emergency purposes and returned back recently.
If H1B approval comes, does she need to go to Canada/Mexico for getting visa stamping(i.e. what are chances of denial of Change of Status)?
Thnx.
My wife is on H4 and her H1B petetion is filed in May(alongwith Change of Status) and is still in process. She travelled out of USA last month on emergency purposes and returned back recently.
If H1B approval comes, does she need to go to Canada/Mexico for getting visa stamping(i.e. what are chances of denial of Change of Status)?
Thnx.
ameryki
03-17 04:53 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
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krish2006
04-19 11:51 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
more...
cooldudesfo
12-25 05:11 PM
Thanks Anil.
jbs
10-03 11:26 AM
My spouse and I are currently on H1-B and we applied for EAD and I-485 with my spouse as the primary applicant through his company.
Do I have to wait for 180 days before I change employers and start using the EAD (since I am the secondary applicant)? Or can I use my EAD as soon as I get it?
Thank you!
Do I have to wait for 180 days before I change employers and start using the EAD (since I am the secondary applicant)? Or can I use my EAD as soon as I get it?
Thank you!
more...
GCBoy786
06-28 09:34 PM
The I-131 instructions does provide only the P.O. Box address. I believe FedEx doesn't deliver to P.O. box address.
Can I have both I-765 and and I-131 forms in the same envelope and mail it to
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
Can I have both I-765 and and I-131 forms in the same envelope and mail it to
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
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qasleuth
04-27 10:38 AM
Here is some info on RFEs in general
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
more...
jcrajput
10-03 08:49 AM
I am starting new thread for people who are re-filing their applications (I-485) because they were rejected for any reasons.
Please list following:
1. Rejection notice date (RND)
2. Reejction reason(s)
3. Whose fault
4. Status of re-filing
5. Date of package recevied at service center (date, time, received by, service center)
6. Status
7. Waiting for action from
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.
Please list following:
1. Rejection notice date (RND)
2. Reejction reason(s)
3. Whose fault
4. Status of re-filing
5. Date of package recevied at service center (date, time, received by, service center)
6. Status
7. Waiting for action from
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.
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greatzolin
09-28 05:30 PM
Q : Will this affect my ability to travel?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
more...
raj3078
08-27 12:32 PM
You can claim UI... I used the benefit earlier and the UI office was very helpful. It is insurance and a public burden. It would not be held against you in AOS adjustment. But again, I am not a lawyer so my opinion is strictly mine and should not be considered as legal opinion.....
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kedoubt
05-17 10:41 AM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
more...
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milindss
11-05 10:59 AM
Thank you sir.
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Bpositive
02-03 01:00 AM
After security clearance what?
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jsb
11-27 04:31 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
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mhkumar
07-14 03:58 PM
It used to be required only for Mumbai Consulate. But I think Hyderabad has also started. Please check
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
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raysaikat
01-14 12:01 AM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
Faculty positions that require a minimum qualification of Ph.D. would sponsor H1-B.
I am curious; what is your qualification? Folks who have a serious shot at a faculty position normally do not bother about asking questions about H1-B; that's the least of the hurdles of getting a faculty position.
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
Faculty positions that require a minimum qualification of Ph.D. would sponsor H1-B.
I am curious; what is your qualification? Folks who have a serious shot at a faculty position normally do not bother about asking questions about H1-B; that's the least of the hurdles of getting a faculty position.
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burnt
06-16 05:13 PM
I just changed my job from a consulting position to a full time position.
Got my H1B transferred and I will be filing AC21 in a few weeks from now. I don't have my I-140 approval with me. My company lawyer says there is no issue, and I am all set
Got my H1B transferred and I will be filing AC21 in a few weeks from now. I don't have my I-140 approval with me. My company lawyer says there is no issue, and I am all set
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lazycis
03-04 10:39 AM
There are no guarantees when you are dealing with the USCIS. I was current in April 2005. Approval came in November 2007. Call the USCIS customer service and initiate service request.
wc_user
07-16 05:42 PM
Thanks for all your reply. I filed it online and then sent the photos and other requested documentation by mail. I'll wait for the RFE and will let you know what it is about.
Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
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