div_bell_2003
02-02 05:43 PM
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
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pappu
03-10 04:33 PM
Thanks. Any ideas how we can make the WIKI popular. We should make this a useful resource for everyone.
number30
08-23 07:26 PM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
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gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
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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.
veni001
07-08 09:11 AM
Based on anu_t in this post...
http://immigrationvoice.org/forum/forum105-immigrant-visa/1598322-what-happens-when-the-approved-i-140-gets-cancelled.html#post1966964
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
http://immigrationvoice.org/forum/forum105-immigrant-visa/1598322-what-happens-when-the-approved-i-140-gets-cancelled.html#post1966964
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
more...
mkr_s05
03-27 10:48 PM
My EB3 labor priority date is Oct-2004.
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Desertfox
08-11 09:23 PM
I am getting my GC processed on a future employment offer. I already have my EB3 I-140 approved from NSC after A2P RFE, and my I-485 is pending since July 07. I plan to join my sponsoring employer shortly using my EAD, but my attorney told me that I have the optio to wait until I-485 approval. Hope this helps.
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bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
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kirupa
10-13 12:24 PM
If you want to develop for WM5, 6, and 6.1, you can still use Visual Studio to create a .NET Compact Framework-based application. You will get the ability to visually drag and drop controls, write some code-behind file, and other things.
Though, it won't be quite as feature-rich as Blend, nor will you will you have the ability to easily skin/style your content :nerd:
Cheers!
Kirupa
Though, it won't be quite as feature-rich as Blend, nor will you will you have the ability to easily skin/style your content :nerd:
Cheers!
Kirupa
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yabadaba
03-24 01:54 PM
Can anybody help me out with regards to what documents need to be sent to the canadian embassy in newyork for a TRV (visitiors visa)?
Any one with any insight on how long does it take to get it back?
Any one with any insight on how long does it take to get it back?
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katrina
06-15 04:53 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.
if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.
Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.
if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.
Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.
more...
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haisylu
06-17 04:41 PM
Thanks for the responses.
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vik352
03-20 05:35 PM
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frostrated
08-30 10:12 AM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
It is not an issue. You can hold/apply for any number of H1s at the same time.
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
It is not an issue. You can hold/apply for any number of H1s at the same time.
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sem_us
01-27 11:37 PM
Hello,
I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.
Current Status: We mailed you an amended notice.
On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks in advance.
Hello,
I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.
Current Status: We mailed you an amended notice.
On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks in advance.
I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.
Current Status: We mailed you an amended notice.
On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks in advance.
Hello,
I received the following mail from USCIS. I had my birthdate wrong on my I-797 approval notice for F1. My school advisor had mailed the service center, and today I received this email from CRIS. Please let me know what this means exactly.
Current Status: We mailed you an amended notice.
On January 27, 2009, an amended notice on this case was mailed describing how we will process your case. Please follow any instructions on the notice. If you move before receiving our notice, call customer service. If this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. If this case is still pending, we process each kind of case in the order we receive them. You can use our processing dates to estimate when this case will be done. This case is at our CALIFORNIA SERVICE CENTER location. Follow the link below for current processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks in advance.
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pasa0202
03-28 09:15 PM
Its true... I am also in the same situation. My perm applied in Jan 2010 and H1B getting expired in Apr 2010, my company planning sending me to India to work from there. My attorney told me that once perm get approved then they can apply for I 140 even I am out of the country.
And then apply H1 B ext. and can come back to US. Let see how it works.
And then apply H1 B ext. and can come back to US. Let see how it works.
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rbalaji5
01-11 01:35 PM
Thanks Gc2 for useful information. I will the family class.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.
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cygent
06-18 08:03 PM
Dear Attorney,
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
eb3retro
06-18 03:41 PM
Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.
icecold_astro
09-29 09:53 AM
Thank you very much for your prompt reply. That cleared a lot of confusion. If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
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