izolo
06-04 02:11 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
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Dhundhun
06-22 02:22 PM
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
map_boiler
06-28 10:57 PM
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.
Should I use the OPT A# everywhere on the application?
NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.
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number30
10-26 08:14 PM
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.
You need not be here in US until the GC is approved. There is no abandoning if he has valid offer and some way of re-entry like valid AP or H1.
more...
va_dude
03-07 01:21 PM
1. yes, if u use ac21, you can get ur h1 transferred too or opt to use your ead.
2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.
3. no idea
4. no idea
2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.
3. no idea
4. no idea
pappu
08-01 10:16 AM
KXAN reporter Matt Flener requested the following:
I’m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they’ll do it for really cheap, yet screw everything up. Do you know what I’m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org
I’m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they’ll do it for really cheap, yet screw everything up. Do you know what I’m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org
more...
ivuser
02-20 12:08 PM
1.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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gparr
June 25th, 2006, 03:50 PM
(No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
more...
rally
07-19 10:23 AM
Could you please comment on the above?
Thanks
Thanks
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theoyilma
09-10 03:03 PM
Thanks dummgelauft
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.
What a relief !!!
Thank you so much again !!!!
Theo
more...
seahawks
10-29 12:22 PM
Follow the instructions that they provided to you and to the P.O box provided by them. Your attorney should have the information on how to go about this. Also provide a small write up with the refiling stating that refiling due to missing signature and put include receipt reference number and details. I think you should be okay.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
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dil_ip3
02-25 02:01 PM
Thanks Kopra and desi for your replies,
I will do as my attorney has suggested. I will see if I can get any appointment with some good immigration lawyer to talk to as well.
I will do as my attorney has suggested. I will see if I can get any appointment with some good immigration lawyer to talk to as well.
more...
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kumar1
07-13 03:02 PM
Can I open up a company while on H-1B? Can that company sponsor it's CEO's (that's me) GC in EB-1 category? After all, CEO should be EB-1. Can I then get some peons/servants from cheap countries on B1/B2 and pay them just per diem? Can I hire them first at my father's place in India and let them work at my father's place for 1 year and get them here on L1? Should I get them on L1-A or L1-B? My mom spends a lot of time in temples back home...can I bring her on Religious Worker VISA?
BITZBYTZ...........can you think stright for a moment?
BITZBYTZ...........can you think stright for a moment?
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gc_chahiye
07-22 11:47 AM
Generally just filing an H1 extension is orthogonal to filng I-485. However in your case it looks like your I-94 has expired, so to prove your status your lawyer needs to include a copy of your H1 extension receipt
more...
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katakamk
02-07 09:55 PM
Hi Kapil,
what is your priority date & category (EB2 or EB3)? when did you apply I485?
with regards,
EB3 - 2003 PD
what is your priority date & category (EB2 or EB3)? when did you apply I485?
with regards,
EB3 - 2003 PD
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paskal
08-23 01:54 PM
this is just the kind of thing we want to fight! terrible situation...
please help iv's efforts to end retrogression for all.
please all come to the rally, volunteer, contribute and spread the word!
please help iv's efforts to end retrogression for all.
please all come to the rally, volunteer, contribute and spread the word!
more...
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bandoayan
12-21 11:50 PM
Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.
Please share if anyone has any idea one this
Thanks
-MK
My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!
Please share if anyone has any idea one this
Thanks
-MK
My H1 petition (3 yr extension after completion of 6 yrs) was approved on 10/4/2010 and I had my visa interview at the Kolkata Consulate on 10/29/2010. I was a little concerned because PIMS had mostly been an issue for newly approved petitions and in my case the approval was granted only 25 days before the interview. On the interview day, we were made to wait a little longer than the B1/B2 cases and the visa officer finally called us. We were asked some formal questions and visa was granted. Possibly the PIMS verification was done while we were waiting. Hope this helps!!
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sac-r-ten
07-28 10:19 AM
I think snathan is correct. if you look at the 485 denial letter it should say something related to EAD is invalid or something like that.
Sorry about your situation and Good luck.
Sorry about your situation and Good luck.
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Ennada
11-19 02:33 PM
Amazing progress NSC from July 04 - > July 05 :D
As long as the progress is not backwards.......:cool:
As long as the progress is not backwards.......:cool:
mattresscoil
11-05 01:03 PM
Fellow IVians:
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
Background:
We are one EAD/AP. (may not matter in this scenario but still mentioning)
My daughter is a US born Citizen and she is under 2 years old with a valid Indian VISA.
She has been living in India with her Grand Parents for the past one year.
She will be travelling to the US accompanied by her uncle & Aunt who are returning to USA at the end of their vacation.
Question:
Since both parents are not accompanying the infant is there some documentation needed?
Has anyone done this before? Can you please post your experiences and suggestions?
I will be preparing a notarized letter of consent along with her Birth Certificate...is there anything else?
Any information will be sincerely appreciated
Thanks, Mattresscoil!!
ksach
03-07 04:43 PM
In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
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