Giles08
03-31 11:18 PM
Hello everyone:
I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.
Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.
I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?
Thanks!
I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.
Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.
I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?
Thanks!
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rajas
05-15 03:33 PM
Hi Guys,
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
gparr
May 19th, 2004, 02:57 PM
I agree with you 100%. As we've discussed before, it's still a great motivator to both get off our butts and to shoot something different.
Gary
Gary
2011 The Official Star Wars website
EkAurAaya
11-12 04:23 PM
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
more...
Blog Feeds
06-26 03:40 PM
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit (http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html). This lets you to stay away for up to two years.
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
milind70
06-15 09:15 PM
My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
more...
CHHAYA
09-27 07:36 AM
My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?
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paritp
06-24 01:29 PM
I applied my EAD e-filed Nebraska service center on June 18th and got my FP notice on June 22nd.
more...
madhu345
07-31 08:25 PM
Just Google Credential evaluation services, you can find couple in your area.
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tsiger
04-18 07:07 AM
coool!
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Rune
February 3rd, 2005, 01:55 AM
Nice edit Anders. And your version seem to be more in line with the rule of thirds too?
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amitga
02-27 01:36 PM
No wonder you joined IV today.
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
more...
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willIWill
01-12 03:11 PM
Andrew,
I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.
But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.
Hope all works out for you.
I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.
But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.
Hope all works out for you.
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f1USvisaholder
04-03 09:17 PM
Hi,
I'm on F1 visa and recently got married in US..I would like to have my lastname changed in my INDIAN passport.. I will apply for a new INDIAN passport through indian embassy in US..I realized that i will get a new passport with new last name...But my question is what happens to the F1 visa on the old passport and I-94, will they be still valid?...How does it work..what do i need to get them moved over to the new passport...
I know i will have to let my school know about the name change so that they can get me a new I-20 by updating the SEVIS...I've already done that and they are OK with it...
Appreciate your response..
Thanks
I'm on F1 visa and recently got married in US..I would like to have my lastname changed in my INDIAN passport.. I will apply for a new INDIAN passport through indian embassy in US..I realized that i will get a new passport with new last name...But my question is what happens to the F1 visa on the old passport and I-94, will they be still valid?...How does it work..what do i need to get them moved over to the new passport...
I know i will have to let my school know about the name change so that they can get me a new I-20 by updating the SEVIS...I've already done that and they are OK with it...
Appreciate your response..
Thanks
more...
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abhishek101
12-04 02:17 PM
Yes you can,
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
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makemygc
07-24 04:36 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
more...
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ImmiUser
12-01 03:04 PM
Thanks for the response. Someone mentioned to me that you can not file two I-485If you file a new I-485 the the old one is revoked, is that true ?
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shreekhand
06-24 05:08 PM
It depends on which USCIS district you are applying from... but all in all these days between 3-6 months from applying to taking oath. Times for military personnel might vary.
Your country of birth/current citizenship has no bearing on times (unlike for Green Card)
Go here and check the service center closest for N-400 timelines: https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bac585
Note: These timelines do no include time for taking oath.
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Your country of birth/current citizenship has no bearing on times (unlike for Green Card)
Go here and check the service center closest for N-400 timelines: https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bac585
Note: These timelines do no include time for taking oath.
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
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sukhyani
10-04 03:40 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
macrosky
11-06 12:55 PM
My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!
gcdreamer05
11-09 08:37 PM
Hello,
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
Mainly they ask for W2 , tax returns for all years, she was on h1. And you can also send your tax returns for all the other years she was on h4.
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