DSP
09-19 12:46 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
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pani_6
09-15 08:11 PM
I was working on H1B from Sep 2002 till Jan 2006 and then converted to H4 based on my husband's H1B. No green card was started for my H1B. My husbnad's GC is in progress, but not even the labor is cleared as of now. I have been in the US on H visa (either H4 or H1B) starting from April 27'2002. Hence when my H1B (the second extension after 3 yrs) came back in 2005, it had an expiration date of April 26 2008 (allotting 6 yrs of H visa).
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
I would like to apply for jobs next year, but I understand the earliest I can start is Oct 2007, if I get an H1B sponsorship. In this event, what happens after April 2008, do I have to leave the country, or is it possible that the company that hires me starts a GC process for me in October 2007, but still my labor wouldnt have been pending for at least 1 yr, to get me an extension.
My husband is in his 8th year of H1B and I have a H4 based on that. Pl let me know how my H1B clock would work. I greatly appreciate your time
rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
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paystubissue
03-17 09:15 PM
Hi All,
Thanks for the reply. Now I got some good idea.I will check with my lawyer too.
Regards
Thanks for the reply. Now I got some good idea.I will check with my lawyer too.
Regards
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sk.aggarwal
08-05 08:44 PM
If it is not too urgent for you to visit India. I would recommend you reschedule your flight and do H1 in PP. Its just too risky to assume that you will get approval notice before your vacations ends and you will be able to schedule appointment and get stamping done. If I were you, would have postponed unless its absolutely urgent.
roseball
04-07 03:34 PM
Iam on L2 and working on my EAD which is expiring on april 29 th 2011.
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.
Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)
I have applied for H1 in the 2010 quota but due to my employers mistake i got a rejection on that.
we are trying to reappeal to USCIS but iam not sure if its going to work.
Suppose i have a project and apply again for 2011 quota , can i still continue working even if my EAD expires.
They say that we actually move to H1 on October , so if i apply before end of April through premium processing and get an approval notice before October can i continue working or start work right away or do i have to wait till October.
Is there a possibility to start working immediately as soon as my H1 gets approved or do we have to wait until October in any case.
Thanks in advance
You have to wait until 1st October. Even though your H1 gets approved faster with Premium Processing, your start date is still 1st October. You will have to continue to maintain your current immigration status (L2) till Sep 30th. On October 1st, your status will automatically change to H1 and L2 becomes invalid.
Since you get the benefit of EAD with L2, you can renew your EAD and keep working till Sep 30th. Your EAD along with your L2 will become invalid automatically on 1st October since your H1 (if approved) will take effect. (Assuming your employer files a H1 Change of Status petition and not a H1 Consular processing petition)
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skarthy
11-30 05:43 PM
Hi anyone else in the same situation ? any other prespective ? would really appreciate that.
Thanks.
Thanks.
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dvb123
04-05 09:45 AM
There is a memo which says that you can get 1 year H1 till u get the license.
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
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rampaadh@hotmail.com
04-25 07:27 PM
My wife's green card was approved on Feb 27th. My wife is currently in India with valid Advance Parole. I received her green card during March 15th. I am planning to visit India during June and bringing my wife along with me. It will be almost 5 months when I come back on July 1st week.
Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?
Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?
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jasmin45
07-26 08:44 PM
Why don't you extend with current employer A? That is the best option right?
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waitin_toolong
10-26 06:27 AM
you have to wait for the transfer to be approved or reenter USA with H1 stamped to start.
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Anders �stberg
April 3rd, 2005, 01:39 PM
I like #2, nicer colors and looks more natural to me.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
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sledge_hammer
02-25 09:16 PM
It is perfectly legal to let two employers file for her H-1B visa. She can even work for both of them!
Hi,
A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?
Thanks.
Hi,
A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?
Thanks.
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GKBest
10-14 01:20 PM
Our payroll agency does the same. They do not even provide D-7 to the company because our payroll is incorporated with their other clients so that they can offer lower payroll fees. But they do print our company name in the paystubs. And if a need arises, they can make a copy for the requesting company for quarterly withholding summary.
I guess you can just ask certification from the payroll agency that your paystubs came from your petitioning company. I don't think it will create a problem. USCIS can verify if they want to.
I guess you can just ask certification from the payroll agency that your paystubs came from your petitioning company. I don't think it will create a problem. USCIS can verify if they want to.
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sandeep219
03-29 09:52 PM
Thanks for your replies guys!!
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sunny1000
11-26 07:16 PM
I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?
Please call USCIS or better yet, take an infopass appointment.
Please call USCIS or better yet, take an infopass appointment.
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HumJumboHathuJumbo
09-17 12:17 PM
I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
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ns33
03-18 04:36 PM
Hello,
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
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pappu
03-10 01:19 PM
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
Raj Iyer
09-23 04:10 PM
Interesting- Never done a FOIA request for just an approval.
I might try filing an I-824 seeking a duplicate approval notice.
I might try filing an I-824 seeking a duplicate approval notice.
terpcurt
December 22nd, 2004, 05:34 PM
Nice shot
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