ajp5
02-25 12:56 AM
Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
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mdy_tvr
08-17 04:49 AM
Guys,
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
miguy
07-22 11:40 AM
Please check my question in blue below
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
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WeShallOvercome
10-30 01:39 PM
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.
Most people use 'Bump" to bump the thread up :), but it can be anything
The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.
Most people use 'Bump" to bump the thread up :), but it can be anything
more...
veni001
06-18 01:53 PM
Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
There might be a little problem if the 140 is revoked. But you can certainly try.
gandalf1234
02-10 03:58 PM
Sharma ji -
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
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philler
11-01 06:45 AM
Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about. :D
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rchristopherriley
11-01 09:11 AM
I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
more...
myimmiv
12-17 02:58 PM
Its Dulles International Airport (IAD) in Virginia
Thanks. I was thinking it is Denver International Airport (DIA) for which I am looking for responses from members, since my wife will enter at DIA.
Thanks. I was thinking it is Denver International Airport (DIA) for which I am looking for responses from members, since my wife will enter at DIA.
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Michael chertoff
11-25 12:48 PM
I feel MC was being sarcastic as usual.
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
Thanks for understanding.
MC
It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.
Thanks for understanding.
MC
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rockstart
05-28 10:11 AM
field 11 (have you previously applied for EAD ) there is a column called
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
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anandksingh
04-30 10:28 AM
Just made my contribution.
more...
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jliechty
September 4th, 2006, 07:50 PM
Both are very good. The lighting is dramatic and interesting. Just to be contrary, I think I like the second one a bit more, if I have to choose one favorite. ;)
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yestogc
05-05 04:24 PM
yes 100% true, more salary is no concern. Designation and job roles is the key.
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
For marriage, attach
Marriage certificate, any joint accounts that you may have, marriage photos
more...
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mygc2006
06-14 11:19 AM
Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ? Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
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chi_shark
12-02 11:51 PM
thanks! i do have business activities... and i am not worried about audits...
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
more...
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desi3933
02-14 08:31 AM
There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
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h1techSlave
07-15 10:39 AM
The reason for these kinds of unreasonable RFEs is simple - Improving the US economy; one RFE at a time.
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In my understanding there is no rule or guidelines regarding usage of same photos more than once. The only restriction is that the photo should not be more than 6 months old. If I remember correctly, I have used the same photos for various purposes like Visa, EAD, AP etc.
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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freeskier89
01-14 12:35 AM
I'm impressed! :) Very nice work!!
Edison99
09-14 07:28 AM
Thanks for the quote!
Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)
Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)
pointlesswait
03-31 11:30 PM
Dude,
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
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