GCEB2
06-24 08:06 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Prashanthi
05-12 03:03 PM
I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.
JAK
06-21 05:23 PM
check out Rite Aid, six pics for 7.99, but there is a mail in rebate ...so it's free...cant get any better then this...so all the marwadi's stop looking !!
rahulpaper
01-09 08:38 PM
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
Thats interesting...will this new law cover agreement signed before 2007?
more...
bkr
10-26 10:41 PM
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
I am also in the same boat. LUD 10/18, waiting for AP.
Received EAD and done FP.
will keep you posted.
I am also in the same boat. LUD 10/18, waiting for AP.
Received EAD and done FP.
will keep you posted.
gcisadawg
09-10 02:11 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
more...
immi_enthu
08-10 04:26 PM
your attorney or employer (whoever filed it) will get the approval notice.
wont the company receive a courtesy copy even if attroney files it ?
wont the company receive a courtesy copy even if attroney files it ?
vin13
01-09 06:49 PM
We had a very good conversation with IO. He was sympathetic by mentioning that Green Cards can be a long and expensive proceess
:)
:)
more...
Administrator2
07-07 08:41 PM
I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
Thanks for your thoughts. We respectfully disagree. There was time for this discussion. Its easy for someone to post anything on the forum, unmindful of the time & effort put in by others. I think we reserve the right to make sure what appears on the home page of the website. Is there anything wrong with that?
Have you tried asking Numbersusa, Programmers Guild and your employer about changing leadership? What makes this organization any different? Just because anyone can post anything on IV website to get visibility on the homepage, its not ok to abuse the resources of the organization. We did not create IV to promote democracy or freedom of expression, there are ample of other sites to promote democracy and freedom of expression, you are free to use those resource at your liking. IV website is for a single purpose of achieving the goals we have set for the organization. You can find our goals on the website. And anything that conflicts with our goal will be removed. Its easy to use terms like democracy, freedom of expression etc to defend actions that malign the good effort put in by others. To make things clear, IV's objective is not to promote or preserve democracy/freedom of expression. We have a goal to achieve and we will not deter from our goal, whatever it takes.
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
Thanks for your thoughts. We respectfully disagree. There was time for this discussion. Its easy for someone to post anything on the forum, unmindful of the time & effort put in by others. I think we reserve the right to make sure what appears on the home page of the website. Is there anything wrong with that?
Have you tried asking Numbersusa, Programmers Guild and your employer about changing leadership? What makes this organization any different? Just because anyone can post anything on IV website to get visibility on the homepage, its not ok to abuse the resources of the organization. We did not create IV to promote democracy or freedom of expression, there are ample of other sites to promote democracy and freedom of expression, you are free to use those resource at your liking. IV website is for a single purpose of achieving the goals we have set for the organization. You can find our goals on the website. And anything that conflicts with our goal will be removed. Its easy to use terms like democracy, freedom of expression etc to defend actions that malign the good effort put in by others. To make things clear, IV's objective is not to promote or preserve democracy/freedom of expression. We have a goal to achieve and we will not deter from our goal, whatever it takes.
ragz4u
04-13 06:06 PM
Thanks
more...
santa123
07-01 11:48 PM
Hello IVans,
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
karthiknv143
02-06 04:03 PM
Yes, you have to change your H4 also. Submit a new petition.
more...
yetanotherguyinline
04-07 06:10 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
gcseeker2002
04-28 05:50 PM
Below is my understanding as I searched for answer sometime back.
yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.
If anyone thinks othewise, letme know.
There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.
yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.
If anyone thinks othewise, letme know.
There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.
more...
coopheal
01-01 01:46 PM
dude couple reasons listed above, other reasons from the various posts on this topic.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
3) Lot of people have switched to EB2 from EB3
4) The formal retrogression phenomenon started around 2003.
Things which can fix this situation are:
1) Law by US govt to add more visas this year.
2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.
YesGC_NoGC
12-07 07:52 PM
Hi
In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.
For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.
Hope this helps you make your decision.
In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.
For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.
Hope this helps you make your decision.
more...
jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
another_wei
05-02 01:07 AM
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
wandmaker
07-19 03:20 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
dexter
12-16 02:45 PM
Hi Charles,
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
Thank you for taking the time to reply. Do you think that the appeal has any chance to succeed?
The current perm was applied for senior developer. While the appeal is pending, can my company apply for a new perm for a different position like enterprise architect?
Thanks
pd_recapturing
09-23 07:20 PM
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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