sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
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rkthoka
08-04 01:05 PM
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
Dhundhun
06-21 03:49 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
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coolgc
05-08 02:54 PM
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
more...
natrajs
02-13 11:32 AM
I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
Dear sukant71
I highly recomend it, My friend too got it like that. Don't wait anymore, What's the harm it is going to make by contacting your local Senator. You have been already going through lot pain and agony.
I wish you best of luck.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
Dear sukant71
I highly recomend it, My friend too got it like that. Don't wait anymore, What's the harm it is going to make by contacting your local Senator. You have been already going through lot pain and agony.
I wish you best of luck.
sprash
03-02 04:55 PM
I was interviewed by American Public Media's "Marketplace (http://marketplace.publicradio.org/)" regarding my experience with this issue. She introduced this research by Wadhwa asked me I was considering going back, but I am not considering that option. I did highlight the woes of legal immigrants, but while she empathized with our situation, she was more interested in stories of people who are planning to go back.
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
more...
sbdol
07-21 07:11 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.
Thanks for your input.
Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.
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rick_rajvanshi
08-29 12:56 PM
I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.
IV home page has not been updated for past 3 months or so.
Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.
Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.
Dedicate few inches of space for today's IV headlines on our home page first.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.
IV home page has not been updated for past 3 months or so.
Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.
Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.
Dedicate few inches of space for today's IV headlines on our home page first.
more...
deecha
07-16 09:45 PM
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PD_Dec2002
08-27 05:00 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
more...
GoneSouth
08-20 01:25 PM
I would just wait out the 6 months for AC21 to kick in, then go to work for a reputable company. There's no need to sign on with a dicey consulting shop once you've got your EAD and AC21 is in play.
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
Also, I believe the AC21 "same or similar job" constraint is more flexible than you're thinking. As long as you stay within the same o*net category (e.g., programmer or systems analyst or whatever), you should be fine. USCIS doesn't care whether you're a java programmer or a .net programmer. (But I am not a lawyer, you may want to clear any potential new job with a qualified attorney).
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number30
07-12 06:07 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.
more...
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vin13
03-18 11:52 AM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
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chanduv23
10-09 04:08 PM
chandu... seems am only one visiting this thread ... lets see how many people responds ... :D
Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.
We have more people, it is a matter of time. Lets keep mobilizing
Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.
We have more people, it is a matter of time. Lets keep mobilizing
more...
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rockstart
01-25 12:50 PM
I recently updated my address thro AR 11 online and also submitted the SRC numbers for the 485 pending for myself and wife. I received a mail (post) stating that USCIS has received my change of address notification and they have udated the new address to my 485 application. I received two seperate letters for me and spouse. But there is no change online on LUD's to those case which are 11/4 when my fingerprinting status was updated. Does this mean USCIS has goofed the address change? I have safely filed the USCIS receipt's with me in case they create issue in future. :o
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sent4dc
08-27 02:41 PM
First of all, let me thank you all for sharing your insight. This site is a treasury of information.
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
more...
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boreal
01-05 01:36 PM
Folks
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
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Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
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carbon
09-12 01:14 PM
Hi Guys,
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
I am from India. Can I go to US Embassy in Canada for H1 stamping ?
How to do that. Please someone enlighten me.. last time I heared you
have to go back to your country of origin for H1 stamping. am I wrong.
thanks
immiadvise
12-30 03:11 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
snathan
05-17 04:48 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
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