[uber]
04-24 10:16 PM
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jbjeunice
04-16 02:00 PM
Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
OLDMONK
06-21 10:26 AM
I-134 was the most confusing form for me too.
I let my lawyer fill it for me, and she did tick the "intend to" but did not fill the area in question.
I let my lawyer fill it for me, and she did tick the "intend to" but did not fill the area in question.
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martinvisalaw
02-17 03:17 PM
It's really impossible to answer this without knowing the exact employment relationship that is planned and what the denial said in detail. Presumably your employer has a lawyer who can advise on whether an appeal might be successful. It is very likely that the denial was based on there not being the correct "employer-employee" relationship. CIS issued a new memo on this last month, and there are many threads in this forum on the topic. See here also: Law Office of Elaine Martin - immigration news: consultants (http://martinvisalaw.blogspot.com/search/label/consultants).
Good luck.
Good luck.
more...
pmandappa
10-25 11:22 AM
Not sure if I will make the category, but feel that I should consult with a good immigration attorney and explore the option. Who knows? I wish there was a category for people who were doing the work that directly improved the lot of the American people. Not-for-profit is not lucrative nor glamorous, so there should be some incentives :)
mk26
12-29 10:49 PM
Yes you can do this...just call the embassy....Indian ambassy is pretty fast....to help on this...
please don't respond anything if you are not sure about the answer..it confuses others too
please don't respond anything if you are not sure about the answer..it confuses others too
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ashkam
08-09 03:19 PM
But my lawyer chose this. and I already signed the form. Does it really matter? As he stated " Spose has an approved I-140"
I'm sure you'll be okay. All they want to know is the basis of your eligibility for filing I-485 and choosing (h) and adding this explanation should be fine.
I'm sure you'll be okay. All they want to know is the basis of your eligibility for filing I-485 and choosing (h) and adding this explanation should be fine.
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whattodo21
12-24 12:51 PM
Unlike the last address, hope the upcoming state of the union will address immigration problems in detail instead of a one liner!
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navin80
06-21 04:13 PM
Gurus please advise,
I have a H1b with Company A. It expires in Nov 08.
A couple of months ago I joined company B and they transferred my H1B.
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
pl. advise
I have a H1b with Company A. It expires in Nov 08.
A couple of months ago I joined company B and they transferred my H1B.
Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
pl. advise
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raysaikat
12-06 08:00 AM
Is it possible to get F1 status adjusted to H1 without going for a H1 stamping?
Yes. If you have your H1-B approval notice with a start date, say Feb 1, 2008, and I-94 cards with it, then you will automatically be on H1-B from Feb 1, 2008 (assuming that you have valid F-1 status still Jan 31, in this example. OPT is F-1 status).
If your H1-B approval came without I-94 cards, then you need to go out of the country to adjust status.
Yes. If you have your H1-B approval notice with a start date, say Feb 1, 2008, and I-94 cards with it, then you will automatically be on H1-B from Feb 1, 2008 (assuming that you have valid F-1 status still Jan 31, in this example. OPT is F-1 status).
If your H1-B approval came without I-94 cards, then you need to go out of the country to adjust status.
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days_go_by
09-12 07:34 PM
I think she is ok, getting an H1-B approval doesn't mean that you have to start immediately. for e.g, many of the Indian tech companies get an H1-B at the start of the year and when they have a need for that person in US, send him/her over.
Only after her first payroll would she be considered on H1-B.
These opinions are as per my understanding, please correct me if I am wrong.
Only after her first payroll would she be considered on H1-B.
These opinions are as per my understanding, please correct me if I am wrong.
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absaarkhan
07-09 10:06 AM
3 Year Extension if I-140 is Approved
If your I-140 is Approved from Employer "A" u will get 3 Year Extension
from Employer "B" if i fall in the other Category which is Labor being filed
more then 365 Days Ago and I-140 NOT Approved, you will get 1 year Extension.
If your I-140 is Approved from Employer "A" u will get 3 Year Extension
from Employer "B" if i fall in the other Category which is Labor being filed
more then 365 Days Ago and I-140 NOT Approved, you will get 1 year Extension.
more...
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godblessamerica_2009
02-04 01:27 PM
It's not clear what you really mean.
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
I corrected that. It is the attorney who didn't give a positive sign yet
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Robert Kumar
11-11 11:49 AM
F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.
So in this case if somebody wants to study for an MBA full time, and at the same time not loose H1 (more importantly GC status), what are the options. Sometimes it is possible due to bad economy, getting a job may be hard, which is an opportunity to get some degree.
So in this case if somebody wants to study for an MBA full time, and at the same time not loose H1 (more importantly GC status), what are the options. Sometimes it is possible due to bad economy, getting a job may be hard, which is an opportunity to get some degree.
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Jipjap74
08-04 12:24 AM
My situation is a little different in that I received my GC on Apr 22nd and my company let me go on May 1st. Will this cause me issues in the future?
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rbharol
09-07 09:57 PM
There is a program on Immigration policy on CSPAN2 tonight at 12:40 Eastern
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makeup This record says 3661 on it.
Blog Feeds
08-09 09:50 AM
The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member�s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application (http://www.visalawyerblog.com/2008/07/san_diego_immigration_attorney_4.html)).
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
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Ann Ruben
01-21 08:41 PM
So, you are entitled to H-1 status through Sept. 2010. Most US consular officers would realize that the petition approval through Aug. 2011 is a mistake and either issue a visa valid only until 9/30/2010 or refuse to issue a visa until you obtain an amended petition approval with the correct validity date. If you do leave the US to go for visa stamping based on your current approval notice, there is a substantial risk that you will be stuck out for some time.
If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.
Ann
If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.
Ann
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amitga
12-19 02:46 PM
Is it also possible to port the PD in this case.
hetuweb
02-04 08:08 PM
My i485 was filed in july �07 and I got my AP in oct. �07, which is valid up to oct. �08
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
m306m
07-25 09:29 AM
Your parents can visit you for short trips as often as they like (within reason). But if they stay for an extended period (ie. the full 6 months stamped on the I94), then there is an implicit time gap requirement. In other words if your parents stay with you for 6 months then go back to their country and return to the US after 1 month, most likely they will not get a 6 month stamp the second time. In this scenario they might have plan their trip back to the US after 9 month or so. On the other hand if your parent stay with you for 1 month in the US, then leave for an other country and come back in 15 days, they should not have a problem with re-entry.
G'luck!
G'luck!