desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
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.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
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.
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p_kumar
07-19 04:03 PM
hey thanks sandiboy:D
ssdtm
11-06 02:14 PM
If you are lucky, your 485 case may continue without issues for next 1 year. (this is a high possibility). After 1 yr, once you come back, there may not be any issues if there is no RFE / Interview.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
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wandmaker
11-01 07:01 PM
Isnt the three year extension valid only if you cannot file your I-485 because of retrogression? Once you file your 485, you get only a year?
1. Labor Pending for > 365 days = 1 year H1 extension
2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension
I guess, you will be #4
1. Labor Pending for > 365 days = 1 year H1 extension
2. 140 Approved AND 485 Filed & Pending AND Priority Dates Current = 1 year H1 extension
3. 140 Approved AND Priority Dates NOT Current = 3 year H1 extension
4. 140 Approved AND 485 Filed & Pending AND Priority Dates NOT Current = 3 year H1 extension
I guess, you will be #4
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nviren
05-24 08:06 PM
Guys,
Please give me your inputs.
Thanks,
Please give me your inputs.
Thanks,
sw33t
10-10 04:55 PM
/\/\
Bump if you are going to dial-in.
Bump if you are going to dial-in.
more...
anurakt
01-15 02:56 PM
All tri state chapter members please join on a conference call on Friday 19th Jan from 9:15 pm to 10:15 pm. The conf call info is below
1. Dial-In to your Conference Number 1-712-432-3000
2. Enter your Conference Bridge Number: 131128
This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.
1. Dial-In to your Conference Number 1-712-432-3000
2. Enter your Conference Bridge Number: 131128
This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.
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Appu
08-18 05:00 PM
What is your Receive Date? Priority Date?
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
more...
WillIBLucky
01-10 02:23 PM
For a while I was glad no one is talking about this. But I guess its hard not to talk about it as well. :D
There is no point in guessing the visa bulletin......
Guys:
Any news when this would be out and what to expect..??
Good Luck..
There is no point in guessing the visa bulletin......
Guys:
Any news when this would be out and what to expect..??
Good Luck..
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waiting4gc02
10-12 02:32 PM
Guys:
I know this has been asked gazillion times but jsut wanted to make sure I got it right.
On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.
So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.
Is this correct ??
Thanks
PD: Feb'02/EB-3/INDIA
I know this has been asked gazillion times but jsut wanted to make sure I got it right.
On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.
So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.
Is this correct ??
Thanks
PD: Feb'02/EB-3/INDIA
more...
Anders �stberg
February 3rd, 2005, 02:37 AM
Nice edit Anders. And your version seem to be more in line with the rule of thirds too?
Hmm, didn't quite think about that. Maybe that's why I wrote I'd like more yellow line at the top, it would push the "fork in the road" down more towards a third.
Hmm, didn't quite think about that. Maybe that's why I wrote I'd like more yellow line at the top, it would push the "fork in the road" down more towards a third.
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gk_2000
01-27 04:07 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Possibly FB's <<vomit>>?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Possibly FB's <<vomit>>?
more...
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sabgau
06-16 09:50 PM
Thanks for replying, I checked around and found out that it an official courtesy call.
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Bpositive
02-03 01:00 AM
After security clearance what?
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krishmunn
03-03 09:03 PM
For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. .
It is illegal to have all online classes on F1. On F1, you can take upto 3 credit online per semester, rest need to be in class.
If you are on H1/H4 etc., you can take all online class.
It is illegal to have all online classes on F1. On F1, you can take upto 3 credit online per semester, rest need to be in class.
If you are on H1/H4 etc., you can take all online class.
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Beta_mle
11-30 08:20 AM
Is there a link to the original source data, ie the government website referenced?
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sunny1000
05-03 06:07 PM
All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:
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Sakthisagar
12-01 12:52 PM
This is Indian Citizen marrying another Indian Citizen, Green card holder does not have a seperate citizenship! Srinivas having said that. Best way is get her an H1B visa. otherwise whe have to wait long years. but If you are a US citizen then things can change. You can get her in US in K Category Visa and file an I-130
But seek your attonrney's advise always.
Congrats to You and Would be!
May GOD Bless.
But seek your attonrney's advise always.
Congrats to You and Would be!
May GOD Bless.
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Blog Feeds
03-21 09:30 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
indyanguy
01-04 10:04 AM
It might be helpful to gather numbers on how many of the July/Aug filers have invoked AC21 (with or without letting USCIS know)
number30
06-25 06:45 PM
I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
I assume your wife is not yet citizen. As a spouse og GC holder Applying I-130 does not change anything . wait until your wife gets citizenship and apply. Otherwise you have to conversion
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