pod1
10-21 12:42 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
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uma001
10-30 05:17 PM
How can they ask W2 for all years. Nobody keep W2 for more than 3 years. That what they recomments usually. They used to askf or only 3 years of W2. I never heard anything like this. If they start asking for all W2s, then 90% won't get green cards. They are making life miserable for grene card aspirants
beautifulMind
04-20 04:10 PM
You can use your eb3 EAD.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...
Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...
Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
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superdude
07-25 07:01 PM
Gallop Polls are conducted to find out the best guestimate. Alomost every memeber in this thread would ahve started their green card journey. The results you will be getting would be useless, I believe. If you want some realistic data, you should post this message in the General category of Immigration Voice.
more...
Lisap
09-11 12:21 PM
I received my EAD card a week before I received my fingerprint notice....
bugsbunny
05-17 01:24 PM
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
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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chaukas
06-18 12:39 AM
I haven't filed 2006 return yet. does it matter ?
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amitjoey
07-24 11:49 AM
Hire your own attorney!. That will save you a lot of money and will give you peace of mind.
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blacktongue
02-22 09:03 AM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
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gonecrazyonh4
05-18 03:30 PM
I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.
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learning01
05-08 01:51 PM
And extensions and extensions. No worry. That's it. I am suggesting that the easy way suggested is not the way.
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superdude
07-25 07:01 PM
Gallop Polls are conducted to find out the best guestimate. Alomost every memeber in this thread would ahve started their green card journey. The results you will be getting would be useless, I believe. If you want some realistic data, you should post this message in the General category of Immigration Voice.
more...
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peer123
04-04 05:30 PM
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
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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.
more...
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vivek_k
08-13 12:10 PM
NSC is going very tough on A2P issues. I have had a A2P issues on my 140 with Nebraska. Suggest you hire a good attorney and you can resolve this in your favour. PM me if you need any additional information.
What is A2P? Thanks.
What is A2P? Thanks.
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nid
06-13 10:15 AM
Thanks!
What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?
What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?
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sundar99
05-01 03:48 PM
Folks,
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
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ppt.b
07-15 11:19 AM
I am in
July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.
July tends to be a busy month for my husband at work because of deadlines on august 1 (even on weekends). However, we will try to make it if we can, definitely in august.
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go_guy123
04-11 11:12 PM
Can any one please guide me that how to file complaint to DOL against his body shopper?
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
Karthikthiru
06-01 05:45 PM
Yes, you can. I have done the same. Send me a PM if you need details about that. In my case I moved from Dallas to Austin
vedicman
11-08 09:28 AM
Anyone read the book? Plan on getting it for a good read on a long flight.
Thank you for providing us with this information. It was a privilege to be able to share it with you. Thank you so much for your efforts. I hope that others may find the information useful. h1b visa extension rejection
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