martinvisalaw
08-31 07:24 PM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
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sameer2730
09-30 09:06 PM
Do not submit your I-94 at the canadian border. Just say you intend to come back within 30 days. If you go by road no one will ask you for it either. On the way back show all you documents.
One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.
One important thing. Take all your previous H1b's with you. Take you entire petition papers with you as well. Take your original H1B with the I-94 attached. If your spouse is going with it take all her / his previous papes as well , including the H4 and previous H1 if any. My wife was asked for her previous H1b as well since her last stamp on passport was H4. You should be fine . I have done it and found the procedure very smooth. By road try to take the busy route like the one going through Niagara as they are very well aware of the rule.
rajhyd123
10-12 09:52 AM
Hi all,
did any of your check cashed or did you receive the reciept notices. Please reply. thanks a lot!!!!!!!!!!!!
did any of your check cashed or did you receive the reciept notices. Please reply. thanks a lot!!!!!!!!!!!!
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cinqsit
10-12 10:32 PM
Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
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Blog Feeds
11-18 02:50 AM
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
kirupa
04-29 05:09 PM
I liked it and added it to the stamps page, but if you don't like it, I can remove it :)
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babu123
06-06 10:16 AM
Can anyone please post the SA 1231 amendment , which passed yesterday.
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mrdelhiite
07-02 08:55 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
please post your source
-M
please post your source
-M
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desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
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prasadn
12-17 03:20 PM
My current status is H1B with I-140 approved. I am planning for a fulltime MBA for which I have to transfer my visa to student visa. I heard from some sources that I cannot transfer to student visa when my 140 is approved. Does anyone here knows how far this is true?
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
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goingtoindia
03-30 01:51 AM
My I-485/I-140 were filed on Jul 2, 2007 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
P.S: I do not have a job yet.
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uma001
04-21 04:21 PM
1 . Where is the donor forum? I could not find it
2. I am a donor (two times). But I do not have access to it.
Bump
2. I am a donor (two times). But I do not have access to it.
Bump
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go_guy123
03-24 02:42 PM
I want to change my job from an university to a company.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
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gbof
09-01 04:37 PM
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h1bapplnt
02-08 06:23 PM
Respected Madam/Sir,
I have an issue with my H1B application. Please help me.
I attended my H1B interview at Mumbai Consulate on 02nd Dec 2010. At that time Officer told me that you are qualified for H1B Visa but company is not good for you. Officer convinced me to withdraw the petition.
Then they gave me one form and asked me to sign on it and write you are withdrawing the petition.
Next day I called my sponsor and told everything. But sponsor told me that he is ready to provide all the docs and few applications already approve at consulate Hyderabad.
On 20th Dec 2010, I took new appointment and went for interview. At the time of interview I told that "I withdrawn my application as per suggestions given by Visa Officer, But my sponsor had a debate with me and put forth the point that they are not violating any norms and laws, and thereby ready to provide all sorts of doc.Please reconsider my application as they offered me very challenging role".
Then Officer asked few docs about my sponsor and asked me to come directly to consulate with passport and gave me 221 G blue form.
On 5th Jan 2010, I went with my docs and Visa Officer granted me VISA and now I got the passport with VISA.
But, on 4th Jan 2010, just before one day, I got a below mail from Consulate Mumbai.
Dear Sir,
Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination. Due to this requirement, consular officers returned your petition and additional supporting documents to the Kentucky Consular Center.
You may address further inquiries on this petition to the USCIS National Customer Service Center at 1-800-375-5283.
Now I am US, and Officers didnt asked anything at port of entry.
But in USCIS website, the petition status is showing that they recieved my petition from state department and they are reviewing it.
Can I get the SSN and Am I legal to stay in US. What should I do. Please let me.
Thanks in advance
I have an issue with my H1B application. Please help me.
I attended my H1B interview at Mumbai Consulate on 02nd Dec 2010. At that time Officer told me that you are qualified for H1B Visa but company is not good for you. Officer convinced me to withdraw the petition.
Then they gave me one form and asked me to sign on it and write you are withdrawing the petition.
Next day I called my sponsor and told everything. But sponsor told me that he is ready to provide all the docs and few applications already approve at consulate Hyderabad.
On 20th Dec 2010, I took new appointment and went for interview. At the time of interview I told that "I withdrawn my application as per suggestions given by Visa Officer, But my sponsor had a debate with me and put forth the point that they are not violating any norms and laws, and thereby ready to provide all sorts of doc.Please reconsider my application as they offered me very challenging role".
Then Officer asked few docs about my sponsor and asked me to come directly to consulate with passport and gave me 221 G blue form.
On 5th Jan 2010, I went with my docs and Visa Officer granted me VISA and now I got the passport with VISA.
But, on 4th Jan 2010, just before one day, I got a below mail from Consulate Mumbai.
Dear Sir,
Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination. Due to this requirement, consular officers returned your petition and additional supporting documents to the Kentucky Consular Center.
You may address further inquiries on this petition to the USCIS National Customer Service Center at 1-800-375-5283.
Now I am US, and Officers didnt asked anything at port of entry.
But in USCIS website, the petition status is showing that they recieved my petition from state department and they are reviewing it.
Can I get the SSN and Am I legal to stay in US. What should I do. Please let me.
Thanks in advance
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gconmymind
04-21 10:52 AM
You should be getting paid >= the salary mentioned on your H1B labor. GC is for future employment and the GC labor salary could be different from your H1B labor salary.
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tkumar03
07-01 04:12 PM
Hi
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
I got my GC approved for me and son (I485 application) in Nov 2007. I got my gc, whereas for my son who is 7 year old though he got I485 approved yet he did not get his GC. They mentioned they might need his finger print and so far no response from them. This is despite several follow up with them.
Last year 7 months he was not in US and now can he go to India and he will be there rest of this year.
Will it affect his GC and when will he get his GC?
thanks
Kumar
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guyfromsg
07-18 11:59 PM
What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.
Hope this helps.
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sukhwinderd
11-15 04:00 PM
has anyone thought about this :
if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.
if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.
ilikekilo
04-09 08:06 PM
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
I like your ever beaming optimism...and +ve outlook... (no pun intended)..Lets see whats in store..U never know..
I like your ever beaming optimism...and +ve outlook... (no pun intended)..Lets see whats in store..U never know..
seaken75
10-04 03:40 PM
I forgot to add another question:
Any July fliers with EAD approved with NSC?
Any July fliers with EAD approved with NSC?
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