roseball
10-24 10:19 AM
Hi:
Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.
Thanks.
If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.
Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.
Thanks.
If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.
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gcwait2007
06-30 12:07 AM
I have similar issue and spoke to my Immig Attorney, who advised me as follows-
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
vedicman
07-09 01:25 PM
These costs are unavoidable. Just make sure that you go the uscis designated civil surgeon.
Call all of them that are close to you and ask the price.......
Call all of them that are close to you and ask the price.......
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maheshf
10-06 11:01 AM
Bump
more...
immm
07-19 10:56 AM
I might send them a couple of recommendations. One of them has to do with issuing receipt notices the same day or next day instead of waiting for weeks by using bar-code technology in forms. I will post a copy of email here once I send it.
scoldme
04-26 03:51 AM
Hi,
I need some clarification regarding my case,
--> Got H1b approved for Employer A in 2008, during stamping received 221G.
--> Submitted documents in 2009 and got stamping done in May 2009.
--> Now Employer B has applied for fresh H1B 2010.
My questions are,
When my petition is approved and having the petition in my hand, do i need to get the visa stamping before travelling for Employer B?:mad:
Will my visa stamp for Employer B only have the starting date to be from October 2011?:mad:
Is there any remote possibility that i can travel for my Employer B at any time earlier to October 2011?:mad:
Note: Have never travelled on H1 (Employer A's Petition)
Thanks in advance.
I need some clarification regarding my case,
--> Got H1b approved for Employer A in 2008, during stamping received 221G.
--> Submitted documents in 2009 and got stamping done in May 2009.
--> Now Employer B has applied for fresh H1B 2010.
My questions are,
When my petition is approved and having the petition in my hand, do i need to get the visa stamping before travelling for Employer B?:mad:
Will my visa stamp for Employer B only have the starting date to be from October 2011?:mad:
Is there any remote possibility that i can travel for my Employer B at any time earlier to October 2011?:mad:
Note: Have never travelled on H1 (Employer A's Petition)
Thanks in advance.
more...
shanthik
11-17 11:18 AM
I am working on an H1B visa for one of the world's largest retailers. I am in my 5th year of my H1 visa status and it expires in 2011. If an LCA is filed before July 2010 which is a 365 day point I will be allowed to extend my H1 for another 3 years while my Green Card is in process.
The situation is that the advertisement has been done in NJ and they received 100 applications which makes it difficult to support their statement of me being the most capable one beyond all US citizens. So they have decided now to advertise once again in a remote location in NJ and another in VA. Is it ok to file the LCA for a single employee from 2 different locations. Are there any risks involved? Do I need to move to VA in case it is approved before the whole process is done? or can it be avoided till I get my Green Card as I'm working for the same employer in a different state?
Any info and advice is much appreciated.
The situation is that the advertisement has been done in NJ and they received 100 applications which makes it difficult to support their statement of me being the most capable one beyond all US citizens. So they have decided now to advertise once again in a remote location in NJ and another in VA. Is it ok to file the LCA for a single employee from 2 different locations. Are there any risks involved? Do I need to move to VA in case it is approved before the whole process is done? or can it be avoided till I get my Green Card as I'm working for the same employer in a different state?
Any info and advice is much appreciated.
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validIV
03-17 08:23 PM
Talk to the school's immigration dept or an immigration lawyer to begin your change of status to F-1. You must do this immediately. Since you are on H-1 technically the moment you lose your employment you will be out of status.
http://travel.state.gov/visa/temp/types/types_1269.html
http://travel.state.gov/visa/temp/types/types_1269.html
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lazycis
09-26 02:17 PM
Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.
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evildrummer
04-01 03:22 PM
I strongly agree, and I think my girlfriend wouldnt be happy seeing this thread, but its ok, you also have esh
more...
gcwait2007
06-30 12:07 AM
I have similar issue and spoke to my Immig Attorney, who advised me as follows-
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
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muni_k
04-15 11:27 AM
both of us are physicians working on h1b visas .we have ead's.i want to do a fellowship.i believe i cannot do a fellowship using my ead.can i use my wife's ead,showing myself as a dependant?all help from the gurus will be greatly appreciated.thanks.
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cchaitu
10-08 11:18 AM
July 20th will be the RD
Read this forums for more info link (http://www.immigrationportal.com/showthread.php?t=106446)
Just my 2 cents
Is it July 10th OR 20th - I am assuming July 10th :)
Thanks
Read this forums for more info link (http://www.immigrationportal.com/showthread.php?t=106446)
Just my 2 cents
Is it July 10th OR 20th - I am assuming July 10th :)
Thanks
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dallasdude
04-15 01:50 PM
Why risk it? Avoid going there if possible.
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rbalaji5
03-06 01:56 PM
check your passport validity and then cross the border if you are near to Mexico and return back on the same day. I did once without any issue. This is quickest and safest way to extend your I94. If you apply for i94 extension it will take another 4 to 5 months.
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cygent
04-08 07:30 PM
Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
more...
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lekyiscool
August 10th, 2007, 10:06 AM
thanks bad news but il gues il travel with the dslr and my sony cybershot kinda sucks tho since my old half dslr nikon is able to take videos
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sembat
08-17 04:15 PM
Greetings,
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
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EndRetro
07-05 08:44 AM
Hi,
I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.
If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.
What would be my Options.
Please advice.
if you got married before the approval of I-485 you can file for your spouse's 485 even after your 485 id approved. Search for "follow to join" clause, this has it covered.
I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.
If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.
What would be my Options.
Please advice.
if you got married before the approval of I-485 you can file for your spouse's 485 even after your 485 id approved. Search for "follow to join" clause, this has it covered.
goel_ar
11-16 09:06 AM
1.) What time is it taking to get a receipt by USICS? (NON Premium Processing - I�m in NY City - so probably Vermont Center)
==> It took me two weeks. I applied in Vermont center too.
2.) Do we have any rule in written (Official), that as soon u apply for transfer, without getting the receipt; you can work for the new employer?
(So I can show it to my new employer)
==> Afaik, I think you need to have receipt to start working. (2 weeks).
4.) What is the time taken for the H1 Paper, to be delivered after receipt, by USICS?
==> 2-3 months for non-premium.
==> It took me two weeks. I applied in Vermont center too.
2.) Do we have any rule in written (Official), that as soon u apply for transfer, without getting the receipt; you can work for the new employer?
(So I can show it to my new employer)
==> Afaik, I think you need to have receipt to start working. (2 weeks).
4.) What is the time taken for the H1 Paper, to be delivered after receipt, by USICS?
==> 2-3 months for non-premium.
GCBy3000
07-19 11:30 AM
Look at this H1b Supportive document from information week.
http://i.cmpnet.com/informationweekdownloads/doc/0606Data_05.pdf
http://i.cmpnet.com/informationweekdownloads/doc/0606Data_05.pdf
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