neema
11-29 02:22 PM
I am currently in US on H4. I had applied for my H1B while in India , through a consultant based in US and have the approval with me now.
The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.
My question is:
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
Any help is greatly appreciated, I need to decide fast. Thanks a lot.
The problem is that I might have to go back to India next year for good, due to which I wont be able to utilize my H1b for working in the US.
My question is:
1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.
2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.
Any help is greatly appreciated, I need to decide fast. Thanks a lot.
wallpaper Giveaway chicken soup for way
skd
06-03 02:44 AM
then suggest what you like on text pkv
lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
2011 images chicken soup for the
FinalGC
09-15 11:50 AM
How about sending a letter to the President, using the above suggested structure....asking him to pressurize the congressmen to pass 5822 from the House.......so that he can sign that into law before Nov 4 elections....
more...
amitjoey
10-23 11:57 AM
No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
anilsal
01-20 08:59 PM
you can get your pp renewed within 10 days in India as long as you have things like voters ID card, Indian DL etc.
If this is possible, you can get it in India.
If this is possible, you can get it in India.
more...
Imm_Exploited
07-30 11:00 AM
I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
2010 Chicken Soup for the Teenage
gc_kaavaali
11-14 04:13 PM
do you know my employer user name?
Your employer gave you a red mark.
Your employer gave you a red mark.
more...
satyasaich
07-20 06:43 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
hair Chicken+soup+for+the+soul+
GCneeded
03-14 01:53 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
more...
gctoget
09-26 12:22 PM
How long does it take to get EAD card by post after Finger printing is done?
hot Chicken Soup For The Teenage
immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
more...
house Chicken Soup for the Soul: Dads amp; Daughters click image to enlarge
nlssubbu
12-24 01:22 PM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
tattoo for Chicken+soup+for+the+
chunky
07-26 03:17 PM
Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency
more...
pictures Chicken Soup for the Soul:
ksairi
08-17 08:47 AM
Please
dresses Chicken Soup for the Romantic
stirfries
12-02 01:27 PM
Thanks SS777 !!!
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
more...
makeup The title is Chicken Soup for
karthikgk
02-19 07:01 PM
Thanks guys for making the effort to understand my situation.
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
girlfriend Taiwanese Chicken Soup for the
coolest_me
07-01 05:45 PM
if you are in California then fwd this to your employer
http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000
Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California
http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000
Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California
hairstyles Chicken Soup for the Soul
eb3_nepa
07-20 09:01 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
gc_coming
07-18 07:04 PM
This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
hianupam
11-09 08:35 AM
Texas does not give a damn about any of this.
Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.
Anybody have any recent experience in getting a TX drivers license in Houston while on EAD?
I currently have a PA driver's license that is about to expire in Dec.
Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.
Anybody have any recent experience in getting a TX drivers license in Houston while on EAD?
I currently have a PA driver's license that is about to expire in Dec.
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