snathan
08-05 05:24 PM
my wife has filed for her I-485 (AOS) with me.
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
AP is only for travel purpose. She will be either on AOS or H1 Status.
If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
AP is only for travel purpose. She will be either on AOS or H1 Status.
If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1
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NH123
06-26 10:37 PM
On May 5, 2008 I got a message through my employer that they received an EAC receipt number from USCIS.While checking online we received a message
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On May 5, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee."
The online notice specifies that "Please follow the instructions on the notice to submit the case with correct fee". Unfortunately, we did not receive the notice till June 5, 2008. I called USCIS and requested them for the papers, they reassured me to have the communication sent to their Vermont office and that I have to wait for another 45 days. Today morning 26th June, 2008 my employer received a notice from USCIS saying that the H1-B petition has been rejected because it was not randomly selected for processing.
I am confused how can I get a receipt number without getting randomly selected? what can I do in this regard please help me!
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On May 5, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee."
The online notice specifies that "Please follow the instructions on the notice to submit the case with correct fee". Unfortunately, we did not receive the notice till June 5, 2008. I called USCIS and requested them for the papers, they reassured me to have the communication sent to their Vermont office and that I have to wait for another 45 days. Today morning 26th June, 2008 my employer received a notice from USCIS saying that the H1-B petition has been rejected because it was not randomly selected for processing.
I am confused how can I get a receipt number without getting randomly selected? what can I do in this regard please help me!
Motivated
11-15 12:27 PM
The town we are in only has a community college only, my spouse is an engineer and they have nothing to offer... Small town restricts her chances to be hired on H1 too.
Biggest reason for taking up the new job is to be able to access the above options.....:(
Biggest reason for taking up the new job is to be able to access the above options.....:(
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anilsal
09-15 10:00 PM
Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.
If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?
Now make up your mind and drive and meet other mid-westerners in DC.
If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?
Now make up your mind and drive and meet other mid-westerners in DC.
more...
MONCYS
03-30 05:22 PM
How to make the transtion from H1b to EAD with same employer ?
what are the implications ?
what are the implications ?
h1bwala
12-09 03:17 PM
Hi
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
more...
willIWill
06-08 03:00 PM
I am bumping this poll up again so that it gets more visibility now as many folks are trying to check for VB updates.
I believe there are a chunk of folks in option number '3' or '4'. This poll may help to understand how significant the numbers are. Also if anyone in that boat, add your inputs.
I believe there are a chunk of folks in option number '3' or '4'. This poll may help to understand how significant the numbers are. Also if anyone in that boat, add your inputs.
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USIVC
12-21 05:28 PM
Below is what I think to your three case scenario:
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
more...
cellphone
01-04 07:31 PM
http://www.cnn.com/exchange/ireports/topics/forms/2006/11/democrats.congress.html
link for those interested
link for those interested
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sankari
05-08 08:49 AM
Hi
My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks
My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks
more...
surabhi
06-08 08:52 AM
You will be able to return to same employer if you get employed again with your old employer.
Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.
Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.
Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.
Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.
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dsneyog
01-15 09:12 AM
I am planning to contact my district senator to help expedite my AP application.
If you have used such help before how you approached it. Did you call directly or sent email?
I just donno if I should write an email giving entire details or just be brief.
Thanks
If you have used such help before how you approached it. Did you call directly or sent email?
I just donno if I should write an email giving entire details or just be brief.
Thanks
more...
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Ind-Can
01-05 12:35 PM
Thanks for the reply Pandey.
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vikramy
02-14 12:29 PM
Hello All,
I applied EAD for my wife in Dec Last Week. Case is still pending with USCIS. I have to move to a different state due to job change. I have put a forwarding adress with USPS. All my mail are getting forwarded.
My question is if EAD is approved will it also get forwarded to my new address as other mail or do i need to submit a change of address with USCIS.
Did any one faced this situatin before? Please advice and share your experiences.
Regards
Vikram
I applied EAD for my wife in Dec Last Week. Case is still pending with USCIS. I have to move to a different state due to job change. I have put a forwarding adress with USPS. All my mail are getting forwarded.
My question is if EAD is approved will it also get forwarded to my new address as other mail or do i need to submit a change of address with USCIS.
Did any one faced this situatin before? Please advice and share your experiences.
Regards
Vikram
more...
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sac-r-ten
07-07 11:55 AM
I tried to find answers in other forums but didn't find any.
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
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learning01
02-19 09:22 PM
How does it affect leagal immigrants or legal aliens? Can you be more specific and to the point?
Maryland House Judiciary Committee hearing on House Bill 1443
A bill prohibiting drivers' licenses for illegal immigrants
Tuesday, February 21, 2006, 1 p.m. (subject to change)
Joint Hearing Room
Legislative Services Building
Annapolis, MD 21401-1991
http://mlis.state.md.us/2006rs/billfile/hb1443.htm
House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.
Maryland House Judiciary Committee hearing on House Bill 1443
A bill prohibiting drivers' licenses for illegal immigrants
Tuesday, February 21, 2006, 1 p.m. (subject to change)
Joint Hearing Room
Legislative Services Building
Annapolis, MD 21401-1991
http://mlis.state.md.us/2006rs/billfile/hb1443.htm
House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.
more...
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wc_user
07-21 01:47 PM
Hi,
I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.
I have a question regarding Priority Date Re-capture. When a new I-140 is filed requesting priority date re-capture from the old I-140, what happens to the old I-140. I hope the old I-140 is not cancelled. The reason I ask is, if the new I-140 runs into any issues, I don't want to lose the old I-140 as well. Thanks.
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srisairam
07-26 11:23 AM
My H1B 6th year expires in December 07,
I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.
I read a article in murthy.com http://www.murthy.com/news/UDh121st.html
Substitution Beneficiary Enjoys H1B Extension Benefit!
In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.
Can I get 7th year extension with help of I140 receipt?
Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?
If there is any answer in previous links please past the link here.
My attorney has no idea about 21st Century DOJ Appropriations Act.
Seniors please need your advice immediately
Thank you
I applied for I140 using 2004 approved labor in July 1st week and applied for 485 this week.
I read a article in murthy.com http://www.murthy.com/news/UDh121st.html
Substitution Beneficiary Enjoys H1B Extension Benefit!
In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.
Can I get 7th year extension with help of I140 receipt?
Is any one applied for H1B 7th year extension using 21st Century DOJ Appropriations Act, if yes what type of documentation we need to submit while applying for extension?
If there is any answer in previous links please past the link here.
My attorney has no idea about 21st Century DOJ Appropriations Act.
Seniors please need your advice immediately
Thank you
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vadicherla
02-22 07:29 PM
Thanks Snathan for link
yestogc
04-28 10:55 PM
From your post it is not clear if your 140 is already approved or pending.
Anyhow, assuming it is approved and he cancels, then an RFE is bound to come, it is best to file for AC21 with new employer, since RFE could also involve EVL with recent paystubs................. now since in your case even your new job is with a consulting company (do not know how big it is), you might get stuck with RFE too.
Anyhow, assuming it is approved and he cancels, then an RFE is bound to come, it is best to file for AC21 with new employer, since RFE could also involve EVL with recent paystubs................. now since in your case even your new job is with a consulting company (do not know how big it is), you might get stuck with RFE too.
fishjelly
09-08 03:53 AM
I am not using Silverlight, just using Visual Studio 2005....
I use Response.Redirect("previous_page.aspx");
this make the page load again so cannot display back the previous view...
There is really no other methods in C# without javacript?
Thanks...
I use Response.Redirect("previous_page.aspx");
this make the page load again so cannot display back the previous view...
There is really no other methods in C# without javacript?
Thanks...
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