njdude26
03-31 08:37 AM
Im on my 8th year on H1. still stuck in Labor :(
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
kate123
03-07 01:49 PM
Hi Smuggymba, very sorry to see you in such a situation...
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.
My advice is to you: transfer your H1 as soon as possible before 140 is revoked....
Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....
All the best
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
tnite
08-06 04:06 PM
bump
san3297
06-29 05:34 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
more...
h1techSlave
04-21 09:31 PM
DL is essentially controlled by individual states. In MD they just give you 5 years irrespective of the visa expiry date. Only thing is that you need to have I-94/EAD + a visa (expired is fine). I have recently extended my MD drivers license thru mail.
In VA, I heard they would give only until the expiry of the EAD/H1B.
In VA, I heard they would give only until the expiry of the EAD/H1B.
meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
more...
qasleuth
07-17 11:51 AM
Do you have a shred of evidence that the programs you quote do not bring in a cook or a dancer or a painter or a programmer ?
I got all these from your first post. What do you call them ?
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
Look around and you will see anti-immigrants spewing this 'evidence' everywhere, from blogs, to news articles, to the senate, to bars. The same arguments are made against 'skilled' immigration which you and I belong to. What numbers do they quote ? Anecdotal nonsense everywhere.
Making yourself sound more skilled but making the same flawed arguments will get us nowhere. Bashing another group is plain BS.
Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time
So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.
I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".
I got all these from your first post. What do you call them ?
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
Look around and you will see anti-immigrants spewing this 'evidence' everywhere, from blogs, to news articles, to the senate, to bars. The same arguments are made against 'skilled' immigration which you and I belong to. What numbers do they quote ? Anecdotal nonsense everywhere.
Making yourself sound more skilled but making the same flawed arguments will get us nowhere. Bashing another group is plain BS.
Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time
So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.
I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".
MahaBharatGC
10-23 05:21 PM
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Plz, this is common sense...don't ever buy one-way ticket if you want to be under the radar...
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Plz, this is common sense...don't ever buy one-way ticket if you want to be under the radar...
more...
billbuff123
07-29 11:43 AM
As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.
I am also in the same boat and I am waiting my priority date to be current.
I got my 485 approved
Thanks,
Bill
I am also in the same boat and I am waiting my priority date to be current.
I got my 485 approved
Thanks,
Bill
raysaikat
01-19 04:23 PM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
more...
dassumi
12-23 02:58 PM
This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
TwinkleM
12-10 11:16 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
more...
monicasgupta
12-31 11:02 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
Queen Josephine
June 18th, 2005, 10:06 PM
In the words of William F. Buckley Jr..... some of my first instincts are reprehensible! Glad you finally got CS2....How are you liking it so far? (It IS out of the box isn't it?)
more...
webm
10-05 01:17 PM
"7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year"
This news is interesting..looking forward to it....:)
This news is interesting..looking forward to it....:)
ds37
07-16 10:21 AM
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
more...
sr77
09-26 02:08 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.
This is disheartening...
This is disheartening...
lost_in_migration
05-14 08:52 PM
This is a EB3 - General Poll across all countries
AJT
10-08 08:29 PM
Filed @ NSC, Rec'ed 07/27/07
Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
Rec'ed EADs for self and spouse on 10/5/07
AP - Rec'ed and pending
I-485 - Rec'ed and pending
Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
Rec'ed EADs for self and spouse on 10/5/07
AP - Rec'ed and pending
I-485 - Rec'ed and pending
vts31
10-22 04:23 PM
wtf! u guys are fast!
smisachu
07-05 07:29 PM
I would suggest a hand gun. A .22 caliber is more than effective if it is a deterrent that you are seeking. The .22 does not have much range, but it is very small and has no recoil.
A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.
Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).
A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.
Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.
For self protection.
However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.
For me Guns are like a computer is to my 90 years old Grandpa!
A 9mm like a Glock is a little advanced but will need practice to use as it has quite some recoil. A .44 desert eagle or Magnum is going over board. You can go to a gun show near you so you can see and feel and learn all about guns before you go to a gun store.
Please follow all legal rules when buying/owning and carrying a weapon. Please get trained well at a local shooting range. You can find information about a shooting range near you and about safety training at NRA (http://www.nra.org).
A study shows that in the event of a confrontation with gangs etc it is more likely that you will be injured or die if you pull a gun as opposed to not pulling one.
So do your home work and make an educated decission. Make sure you buy a safe for keeping the gun in your house especially if you have kids.Never keep the gun and the rounds together. If you are going to pack, make sure you go to your local police and let them instruct on how to carry a concealed fire arm. You will have to carry an empty gun in the glove with the rounds in the trunk for example.
Finally my post is in no way advising you to buy a gun or use it. A disclaimer to cover my rear end. If you have any specific questions about gun models I can advice you if I know. I am a member of the NRA and has been using guns in sporting events for many years.
For self protection.
However I have no clue about Guns... I am thinking about asking the Gun store owner and get more info about them.
For me Guns are like a computer is to my 90 years old Grandpa!
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