sweet_jungle
01-04 02:39 AM
This was in past not now.
In CA, my wife got a DL renewal notice which asked her to come to office and show legal presence documents. She is on EAD and H4 visa has expired long back.
So, she went to DMV office and took all the documents like EAD,485 receipt, etc.
However, at the counter, all she asked was the current DL. no immigration documents asked. things went smoothly. I guess she was just lucky.
In CA, my wife got a DL renewal notice which asked her to come to office and show legal presence documents. She is on EAD and H4 visa has expired long back.
So, she went to DMV office and took all the documents like EAD,485 receipt, etc.
However, at the counter, all she asked was the current DL. no immigration documents asked. things went smoothly. I guess she was just lucky.
wallpaper 01 BMW X5 4.4i Sport
alien2006
07-11 07:54 AM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
gandalf_gray
06-02 11:18 AM
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
2011 2006 BMW X5
bindas74
05-15 05:04 PM
To Bindas74,
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Hi X-Wing,
Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.
Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )
-Thanks
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Hi X-Wing,
Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.
Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )
-Thanks
more...
sheelalann
05-21 09:13 AM
Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)
Congratulations !! Enjoy the freedom
Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)
Congratulations !! Enjoy the freedom
xela
04-23 05:59 PM
June 31?
lol Thanks,....yeah the impossible day....no it was the 30th, my bad
lol Thanks,....yeah the impossible day....no it was the 30th, my bad
more...
Stan09
07-16 11:37 AM
Well, not quite.
They cannot demand reimbursement for official filing fee, it's about $1500.
But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.
They cannot demand reimbursement for official filing fee, it's about $1500.
But they can demand to compensate for other expenses - like, lawyer, paperwork, recruiting, relocation, accommodation etc etc. It's legal.
And pretty often such a provision is enforceable. That is, they can sue you, and demand you to pay _way_ more in case of lawsuit.
2010 2006 BMW X5 4.4i Salt Lake
enggr
10-12 08:15 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
more...
Dhundhun
11-21 05:27 PM
While I was travelling from India to USA, I was waiting at one of the airports in USA for my connection. An airlines staff asked for my passport and by mistake pulled away my
I-94 from from it.
The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.
I-94 from from it.
The I-94 returns are automated. You may be out of US in records. Another reason to contact USCIS.
hair FS: 2006 BMW X5 3.0 LOW KM
fromnaija
03-28 01:05 PM
You will need to have your H1 amended to show that you are employed part time. You should be fine with that.
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
more...
BharatPremi
11-08 11:30 PM
Dear IV members,
The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.
We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.
If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.
Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.
Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.
Sending you a PM.
The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.
We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.
If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.
Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.
Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.
Sending you a PM.
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snathan
02-17 08:03 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.
If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
If you have all the papers in place and never be out of status, you can do tranfer now itself. If everything is in place, still if you get REF...its out of luck. In that case you might get RFE in extension also.
If fact you can do the transfer and extension at the same time. I did file in couple of weeks gape and both got approved.
more...
house BMW only recently introduced
raju_abc
07-23 11:18 AM
Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...
Its Pittsburgh , PA
Its Pittsburgh , PA
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manderson
11-25 11:45 AM
that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.
I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....
Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
I am also thinking of going back to school. The way I plan to do this is to activate EAD (via I-9 form with employer) and abandon the H1. You see, after the AC21 period, I will have leverage to negotiate w/ the employer. If he can accomodate my going back to school I will stick with him, otherwise I can find a new employer....
Ofcouse the risk is, if GC gets denied, then by law you have to leave immediately.
I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.
------------------------
EB3 March 2003
AOS RD: June 22 '07
EAD, AP Received
more...
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jani07
04-01 06:49 PM
with persons like this is to ignore them. He not ashamed of his abuse of system. I don't think we owe him answers.
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GC_1000Watt
05-25 01:50 AM
Please share if anyone of us has taken care of PIMS thing in any way. I wanted to handle this PIMS thing well in advance in order to avoid any possible hassle or delays later on while I go for stamping in Mumbai consulate.
Thanks in advance.
Thanks in advance.
more...
makeup BMW X5, 4x4, lack, 2006,
arorasa
01-01 01:20 AM
Good thread. Encourage more people to vote !
girlfriend BMW X5 E53 2000-2006 Carpeted
ramaonline
09-27 09:46 PM
approved i140 only allows h1 extensions for self and h4 extn for spouse. spouse must independently qualify for h1 extension beyond 6 years -pl confirm with an immig attny
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jonty_11
06-18 01:27 PM
Does the passport have to be valid for at least 6 months at the time of filing 485?
ssbaruah@yahoo.com
04-29 09:07 PM
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
pal351
02-11 05:57 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
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