theoyilma
09-09 07:47 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Thanks
Theo
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Dhundhun
06-21 03:49 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
kannan
04-11 04:28 PM
I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.
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never_giveup
11-05 02:26 PM
I find it difficult to digest that parents ship their infant children to someone else to raise.
Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
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roseball
01-06 10:27 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....
Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....
jthomas
05-05 06:16 PM
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
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snthampi
11-18 08:27 PM
You need to provide a delivery address where blue-dart delivers. It will let you move forward once you update the address. I can vaguely remember that there is a link to edit the delivery (courier) address.
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ivgclive
04-25 10:53 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
What would the employer gain by applying H1B if only 3 months left?
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
What would the employer gain by applying H1B if only 3 months left?
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pragir
10-25 10:02 AM
Does anyone have a number for the charlotte office? And info on whether a walk in can be done?
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gcganapati
08-15 07:56 AM
I am one who missed the 2007 july boat...even though i filed in 2007 (485) my I-140 denied and we lost ead,ap and every thing..
if they give at least EAD my wife can start work..i can also look direct client in this tough situaitons...its very diffucult to get mange in the work with H1b...
please every body share with more information regarding this.
thanks
if they give at least EAD my wife can start work..i can also look direct client in this tough situaitons...its very diffucult to get mange in the work with H1b...
please every body share with more information regarding this.
thanks
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colors
09-04 11:47 PM
I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
Is it a problem ? Do i have to submit anything more
Please advise
Thanks in advance
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jq45
06-15 10:49 AM
I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
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rahulpaper
06-19 06:32 PM
Does that mean application progresses normally without RFE or Wait if immunizations are still not complete?
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dreamgc_real
01-07 09:04 AM
AUSTIN -- Illegal immigration isn't on the short list of issues Texas sheriffs gave this year's Legislature, but it could end up becoming a new priority for them.
Texas has 254 sheriffs, and while opinions vary about whether illegal immigration should be their problem, some Republicans are pushing measures that won't give them a choice. More than a dozen bills targeting illegal immigration await the Legislature when it convenes Tuesday, when the GOP will enter with a historic conservative supermajority in the House.
One bill would require police to ask drivers without identification if they're in the country legally. Another would cut off state funds to departments that don't enforce immigrations laws.
"It's split among my colleagues on whether we should be out here just stopping individuals without probable cause, and questioning them on their immigration status," said Travis County Sheriff Greg Hamilton, who believes the proposals invite profiling.
On Thursday, El Paso County Sheriff Richard Wiles planned to join immigrant advocacy groups at the Capitol, where they're expected to denounce bills targeting illegal immigrants as bad for the Texas economy and constitutionally unworkable.
In Arizona, a new law passed last year requires police officers, when enforcing other laws, to question the immigration status of those they suspect are in the country illegally. The Obama administration filed a lawsuit to block portions of the law, and the outcome remains pending in federal court.
Many Texas sheriffs along the border, long vocal about being understaffed and underfunded on the edge of Mexico's violent drug war, oppose the measures as another drain on their deputies. They and sheriffs in Houston and San Antonio also worry about profiling.
Others don't see it as an imposition, and maybe a necessity. In Fort Bend County, which includes Houston's conservative suburbs, Sheriff Milton Wright said he would support laws requiring his deputies to enforce immigration laws if the federal government won't.
"If they're not going to do it, then we need to," he said.
Arizona's new law left Texas facing unavoidable questions. Texas has an estimated 1.6 million illegal immigrants, second only to California, and Republicans control every statewide office. Gov. Rick Perry has said he doesn't support Texas adopting a law identical to Arizona's, while at the same time praising that state's initiative for taking the illegal immigration problem into its own hands.
Texas lawmakers have filed immigration bills before, only to see them wither. Deep ties Texas has to Mexico are as much cultural as economic, and leading business groups in the state oppose tough crackdown measures.
But between then new GOP supermajority in the House and Arizona's success, outnumbered Texas Democrats aren't willing to make wagers on the chances of the bills prevailing this time.
"You've got a bunch of new Republicans who campaigned with some very inflammatory rhetoric, and they now find themselves in charge," said Democratic Rep. Rafael Anchia. "I'm sure they're going to want to deliver some red meat for some of their constituencies."
So important is the issue to state Rep. Debbie Riddle that she camped outside the clerk's window to ensure her get-tough immigration bills would be first in line. State Sen. Dan Patrick filed a bill that would require police to ask anyone without an ID whether they're in the country illegally, but the Houston-area talk radio host says his measure affords officer discretion. For instance, he said an officer could choose not to arrest a harmless minivan-driving mom who is revealed to be an illegal immigrant.
Patrick, who visited Arizona to see its new law in action, said the possibility of legal challenges is no barrier.
"Too many people want to duck and cover and bury their heads in the sand," Patrick said. "This is an issue we have to stand tall on. Republicans have to stand together."
In most Texas counties, a suspect's legal status becomes an issue only if they're booked into jail. Their fingerprints are run through a Homeland Security database, and people who are flagged are referred to federal immigration agents.
Harris County was the first place in the nation to try the federal program, called Secure Communities. But that's about the extent that Sheriff Adrian Garcia wants to be involved in immigration enforcement.
Garcia said he doesn't want people afraid of calling police for help or coming forward with crime tips.
"Legislation that would encourage people to have second thoughts about calling 911 or Crime Stoppers, I have a problem with that," he said.
Several sheriffs said they would wait for the Sheriffs' Association of Texas to evaluate the proposals. Bryan County Sheriff Christopher Kirk, who chairs the association's legislative committee, said last month he had yet to look over the bills individually.
The association gave its list of six priorities to lawmakers for this session. The list includes jail overcrowding, mentally ill suspects in local lockups, methamphetamines, thieves swiping salvage metals, and what Kirk described as "protecting the office of sheriff."
Topping the list: border security. But Kirk said that's not about illegal immigration.
"It's the trafficking. The borders. That smuggling could be drugs, or weapons," Kirk said.
During the previous two legislative sessions, Patrick said "too much chaos" in the House doomed immigration proposals. This time, Patrick said, Republicans have the numbers - and a willingness to work with law enforcement.
"You have to have their buy-in," Patrick said. "I want them to be enthusiastic about it."
Sen. Luz Robles' bill could become national model | Deseret News (http://www.deseretnews.com/article/700098043/Sen-Luz-Robles-bill-could-become-national-model.html)
Texas has 254 sheriffs, and while opinions vary about whether illegal immigration should be their problem, some Republicans are pushing measures that won't give them a choice. More than a dozen bills targeting illegal immigration await the Legislature when it convenes Tuesday, when the GOP will enter with a historic conservative supermajority in the House.
One bill would require police to ask drivers without identification if they're in the country legally. Another would cut off state funds to departments that don't enforce immigrations laws.
"It's split among my colleagues on whether we should be out here just stopping individuals without probable cause, and questioning them on their immigration status," said Travis County Sheriff Greg Hamilton, who believes the proposals invite profiling.
On Thursday, El Paso County Sheriff Richard Wiles planned to join immigrant advocacy groups at the Capitol, where they're expected to denounce bills targeting illegal immigrants as bad for the Texas economy and constitutionally unworkable.
In Arizona, a new law passed last year requires police officers, when enforcing other laws, to question the immigration status of those they suspect are in the country illegally. The Obama administration filed a lawsuit to block portions of the law, and the outcome remains pending in federal court.
Many Texas sheriffs along the border, long vocal about being understaffed and underfunded on the edge of Mexico's violent drug war, oppose the measures as another drain on their deputies. They and sheriffs in Houston and San Antonio also worry about profiling.
Others don't see it as an imposition, and maybe a necessity. In Fort Bend County, which includes Houston's conservative suburbs, Sheriff Milton Wright said he would support laws requiring his deputies to enforce immigration laws if the federal government won't.
"If they're not going to do it, then we need to," he said.
Arizona's new law left Texas facing unavoidable questions. Texas has an estimated 1.6 million illegal immigrants, second only to California, and Republicans control every statewide office. Gov. Rick Perry has said he doesn't support Texas adopting a law identical to Arizona's, while at the same time praising that state's initiative for taking the illegal immigration problem into its own hands.
Texas lawmakers have filed immigration bills before, only to see them wither. Deep ties Texas has to Mexico are as much cultural as economic, and leading business groups in the state oppose tough crackdown measures.
But between then new GOP supermajority in the House and Arizona's success, outnumbered Texas Democrats aren't willing to make wagers on the chances of the bills prevailing this time.
"You've got a bunch of new Republicans who campaigned with some very inflammatory rhetoric, and they now find themselves in charge," said Democratic Rep. Rafael Anchia. "I'm sure they're going to want to deliver some red meat for some of their constituencies."
So important is the issue to state Rep. Debbie Riddle that she camped outside the clerk's window to ensure her get-tough immigration bills would be first in line. State Sen. Dan Patrick filed a bill that would require police to ask anyone without an ID whether they're in the country illegally, but the Houston-area talk radio host says his measure affords officer discretion. For instance, he said an officer could choose not to arrest a harmless minivan-driving mom who is revealed to be an illegal immigrant.
Patrick, who visited Arizona to see its new law in action, said the possibility of legal challenges is no barrier.
"Too many people want to duck and cover and bury their heads in the sand," Patrick said. "This is an issue we have to stand tall on. Republicans have to stand together."
In most Texas counties, a suspect's legal status becomes an issue only if they're booked into jail. Their fingerprints are run through a Homeland Security database, and people who are flagged are referred to federal immigration agents.
Harris County was the first place in the nation to try the federal program, called Secure Communities. But that's about the extent that Sheriff Adrian Garcia wants to be involved in immigration enforcement.
Garcia said he doesn't want people afraid of calling police for help or coming forward with crime tips.
"Legislation that would encourage people to have second thoughts about calling 911 or Crime Stoppers, I have a problem with that," he said.
Several sheriffs said they would wait for the Sheriffs' Association of Texas to evaluate the proposals. Bryan County Sheriff Christopher Kirk, who chairs the association's legislative committee, said last month he had yet to look over the bills individually.
The association gave its list of six priorities to lawmakers for this session. The list includes jail overcrowding, mentally ill suspects in local lockups, methamphetamines, thieves swiping salvage metals, and what Kirk described as "protecting the office of sheriff."
Topping the list: border security. But Kirk said that's not about illegal immigration.
"It's the trafficking. The borders. That smuggling could be drugs, or weapons," Kirk said.
During the previous two legislative sessions, Patrick said "too much chaos" in the House doomed immigration proposals. This time, Patrick said, Republicans have the numbers - and a willingness to work with law enforcement.
"You have to have their buy-in," Patrick said. "I want them to be enthusiastic about it."
Sen. Luz Robles' bill could become national model | Deseret News (http://www.deseretnews.com/article/700098043/Sen-Luz-Robles-bill-could-become-national-model.html)
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gc_aspirant_prasad
07-18 10:44 AM
My attorney has indicated that we wont have to refile. They had sent it to NSC around July 3.
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eb3retro
02-04 10:35 PM
I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
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h_shaik
08-09 01:43 PM
As Per my knowledge it is not nessesary that all approved I140's will have a A#.
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
it's the A# in your 140 approved petitioin.
Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
it's the A# in your 140 approved petitioin.
Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.
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visshy
09-12 09:06 AM
My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?
Please advice.
Thanks
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anreddy77
07-09 11:04 PM
I feel there is no better country than India in the long run..believe me!!!
tdasara
08-28 04:02 PM
Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
alparsons
March 24th, 2005, 03:37 AM
My Pentax *ist D acts like that when the batteries become discharged. I put in freshly charged batteries, and I'm up and running again.
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