krishmunn
03-31 10:34 AM
At the port of entry, you have the burden to prove that you will comply with the terms and conditions of your L-1. The short period of time remaining before expiration of your visa could reasonably trigger an inquiry into your plans to depart from the US prior to expiration of your L-1 status on June 15. These days, simply asserting that your employer will be filing to extend your status may not be enough to meet your burden of proof.
It would be far safer for your employer to file for the extension before you leave the US and then send you the rec't notice to carry with you when you return to the US.
Hi , I have a somewhat similar situation except that I am on H1 and have my extension approved.
I will be travelling abroad and return with 10 days left on Visa Validity (But having an Approved 797 with 3 year extension validity).
Will I get I-94 per 797 Validity or per Visa Validity? If it is per Visa Validity, how to get the I-94 extended
What about the H4 ? My dependent's H4s are also extended. Will they also get I-94 per new Approval ?
It would be far safer for your employer to file for the extension before you leave the US and then send you the rec't notice to carry with you when you return to the US.
Hi , I have a somewhat similar situation except that I am on H1 and have my extension approved.
I will be travelling abroad and return with 10 days left on Visa Validity (But having an Approved 797 with 3 year extension validity).
Will I get I-94 per 797 Validity or per Visa Validity? If it is per Visa Validity, how to get the I-94 extended
What about the H4 ? My dependent's H4s are also extended. Will they also get I-94 per new Approval ?
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ski_dude12
01-30 01:38 PM
Once you transfer to F1, you cannot file labor/I-140. That is for an employment based petition i.e. you have to be on H1 or L1...
Thanks for the replies. I was suggested with an alternative option as below.
"Transfer H1 to F1 , get CPT and work for my same employer till labor and 140 gets approved. Once the approval is done, renew the H1 and transfer back to H1 from F1."
So please let me know if this is valid status transition.
Thanks a lot.
Thanks for the replies. I was suggested with an alternative option as below.
"Transfer H1 to F1 , get CPT and work for my same employer till labor and 140 gets approved. Once the approval is done, renew the H1 and transfer back to H1 from F1."
So please let me know if this is valid status transition.
Thanks a lot.
mirage
09-18 04:21 PM
Are you still in Kindergarten ???? And probably 'The Folks' you heard from are your classmates ??
I have heard from a couple of folks that they have met some senior senetors like Bob Dole and have influnced INS to speed up their case of GC processing. Is this true ? .
If this is true is there a way to stop the influence by senetors so that these everyone gets a fair chance of getting their GC.
Thanks in advance
I have heard from a couple of folks that they have met some senior senetors like Bob Dole and have influnced INS to speed up their case of GC processing. Is this true ? .
If this is true is there a way to stop the influence by senetors so that these everyone gets a fair chance of getting their GC.
Thanks in advance
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fatjoe
10-21 09:12 AM
Pls answer:
Some forums say that a person must quit the job while the other forums say that you can be on unpaid vacation while waiting on EAD Renewal. Pls let me know, isn't this enough to be on unpaid vacation.
Also, how does INS verifythat if we were working or not while waiting on EAD renewal. Does it call the concerned employer or verify paystubs
Some forums say that a person must quit the job while the other forums say that you can be on unpaid vacation while waiting on EAD Renewal. Pls let me know, isn't this enough to be on unpaid vacation.
Also, how does INS verifythat if we were working or not while waiting on EAD renewal. Does it call the concerned employer or verify paystubs
more...
needhelp!
12-04 11:10 AM
thanks for taking the time..
can we clone you?
thanks uslegals.. hope to hear when you write yours.
can we clone you?
thanks uslegals.. hope to hear when you write yours.
stuckinmuck
02-09 08:05 PM
I can't provide inputs from the legal perspective but my initial thought would be that this is illegal. Hope you get helpful answers and hope you are not one of those who are trying to game the system. Good luck if you aren't and mean well with this post.
However, I am saddened by such posts which will further denigrate our nationality. Aren't we hated enough by other communities already that you have to come with such issues? I have never worked for any slave trading desi firm but due to accident of my birth (Indian nationality), I have had to endure dirty looks here by people who think I am on an H1B and have undercut their wages. It is time we all introspect within ourselves and realize that a lot of anti-H1B groups aren't that way just because they are racists but that we've contributed to their negative perceptions to a certain extent as well. It's a sad sad world out there for us Indians. We are in many ways our own enemies. I rest my case. Peace.
(Note: I am not saying I am superior to others but not all Indians (like myself) work as white collar slaves for desi companies and yes, I am proud of my 'genuine' L1 visa). I know a lot of TCS employees who were 'brought' here on L1 visa and weren't really paid in dollars. It makes my blood boil that I get categorized with these crooks just because somebody decided to find loopholes in this very useful visa category.
However, I am saddened by such posts which will further denigrate our nationality. Aren't we hated enough by other communities already that you have to come with such issues? I have never worked for any slave trading desi firm but due to accident of my birth (Indian nationality), I have had to endure dirty looks here by people who think I am on an H1B and have undercut their wages. It is time we all introspect within ourselves and realize that a lot of anti-H1B groups aren't that way just because they are racists but that we've contributed to their negative perceptions to a certain extent as well. It's a sad sad world out there for us Indians. We are in many ways our own enemies. I rest my case. Peace.
(Note: I am not saying I am superior to others but not all Indians (like myself) work as white collar slaves for desi companies and yes, I am proud of my 'genuine' L1 visa). I know a lot of TCS employees who were 'brought' here on L1 visa and weren't really paid in dollars. It makes my blood boil that I get categorized with these crooks just because somebody decided to find loopholes in this very useful visa category.
more...
krishmunn
08-29 07:55 AM
krishmunn: Could you please share your experience? what really when you traveled in scenario described above? thanks!
Did not have any problem. Got I-94 per my new 797 (3 year). However, somehow the officer issued I-94 for one less day (i.e. one day less then the end date in my 797). When I asked he said his computer shows like that. I did not argue just for one day.
Did not have any problem. Got I-94 per my new 797 (3 year). However, somehow the officer issued I-94 for one less day (i.e. one day less then the end date in my 797). When I asked he said his computer shows like that. I did not argue just for one day.
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bhagat69
04-23 07:20 PM
Current Situation : I am working with a big four consulting firm and I have an EAD/AP
and my employment has been re-verified on the company�s I-9 form
as working on EAD. I was already into 6 months on my second H1-B
when I re-verified this employment.
My priority date: EB3 Labour, April 2006.
Problem Statement: I want to be able to go to business school starting September 2009
and want to be able to continue my greencard processing with my
current firm or with my friend�s firm.
1. Can I transfer my greencard processing under EB3 to my friend�s firm using AC21 and spend two years in business school during that period.
� In this case what will happen if my 485 application is approved while I am still in business school. Will my 485 approval still be legitimate if my friends company shows a letter of employment to employ me in the future after I graduate from business school.
� Also in this case if my the above is possible and my friend does employ me after I graduate from business school how long will I have to work for his company so that legally there are no problems when I use my greencard and later on apply for citizenship.
2. How can I continue my greencard processing under EB3 with my current employer if I go back to business school next year and come back to work with them after two years.
� If this is possible, what will happen if my 485 application gets approved one year or so into my course and my employer shows a letter of intent to hire / offer letter with a start date after my graduation. Does this affect my greencard as greencard is for future employment right ?
o How long will I have to work for my current employer after I graduate from business school so that legally there are no problems when I use my greencard and later on apply for citizenship.
3. I got an MS degree in Computer Science and have already used 9 months of my OPT time to work before I got my H1-B with my current employer. Now if I go back to get an MBA do I still get a fresh 12 months of OPT or do I only get the three months remaining from my previous masters OPT time remaining ?
4. I reverified my employment with my current employer under EAD as soon as I received my EAD card in October, 2007, however they had not made the change on my I-9 form earlier. Now, upon constantly bothering them they just made the change to the I-9 form as attached below.
Note: They said they do not need to notify the USCIS or DOL or any other
Immigration Services of this change of my status from my second H1-B to EAD
they only make the change on the I-9 form and update their internal SAP system.
If I go for MBA full-time next year I will be in F1 status and I have already used 3 and a half years of my H1-B time clock to work for my current employer. I told them I want to work on EAD now and hence, got them to change my status on my I-9 form to EAD from H1-B. What are the documents required from my current employer so that murthy can help me recapture the remaining time on my second H1-B approval which is still valid from Sep 2007 till Sep 2010 so that when I graduate from MBA I can use this recaptured time to work on my second H1-B. Please see the email response from my firm�s paralegals attached below. It seems suspicious to me. The I-9 form just shows my H1-B record scratched out and my new EAD A# entered in its place. They have not notified the USCIS or Immigration authorities of this employment status change as they say it is not required.
They are not going to give me any other documents for this so how will I show proof to the Immigration authorities when I come back after MBA to recapture the remaining 2 and a half years of H1-B time I have remaining ?
5. Can I re-file an EB2 labour with my friend�s company and transfer my current employer�s EB3 Priority Date to my friend�s EB2 labour. Please note my current employer has refused to give me a copy of my EB3 I-140 approval notice.
o Can I still port my priority date from EB3 with current employer to EB2 with my friend�s company without the current employer finding out and without the copy of the I-140 approval notice from my current employer while I am still employed with the current employer.
i.All I have is the receipt number for my I-140 approval notice with my current employer. Will this be sufficient to port the priority date ?
ii.Please see document attached in the APPENDIX section below.
6.My current EB3 labour has an SOC code 15-1032 and my job description is
Oracle Supply Chain Consultant. With murthy�s advice can my friend file my
new EB2 labour application under a generic management position code (the DOL/ETA , SOC code seems to be a 6 digit xx-xxxx code for cross
chargeability) so that while I wait in the queue for my priority date to become current I can go to MBA school for two years and when I come out can I get a job with an employer in US or overseas till my 485 date with my friend�s firm is current and 485 ready for approval. Then I can join his firm as person under generic high level management job description for the time frame required so that my GC and my future citizenship application are legitimate (Greencard being for future employment position isn�t this possible ? Does my friend have to file an H1-B also for me even if I am not working for him now, can�t he just file my EB2 labour).
7. Will filing a new EB2 labour with my friend�s firm or any rejection on either of the two 485 applications or labours cause an adverse affect on the other case ?
and my employment has been re-verified on the company�s I-9 form
as working on EAD. I was already into 6 months on my second H1-B
when I re-verified this employment.
My priority date: EB3 Labour, April 2006.
Problem Statement: I want to be able to go to business school starting September 2009
and want to be able to continue my greencard processing with my
current firm or with my friend�s firm.
1. Can I transfer my greencard processing under EB3 to my friend�s firm using AC21 and spend two years in business school during that period.
� In this case what will happen if my 485 application is approved while I am still in business school. Will my 485 approval still be legitimate if my friends company shows a letter of employment to employ me in the future after I graduate from business school.
� Also in this case if my the above is possible and my friend does employ me after I graduate from business school how long will I have to work for his company so that legally there are no problems when I use my greencard and later on apply for citizenship.
2. How can I continue my greencard processing under EB3 with my current employer if I go back to business school next year and come back to work with them after two years.
� If this is possible, what will happen if my 485 application gets approved one year or so into my course and my employer shows a letter of intent to hire / offer letter with a start date after my graduation. Does this affect my greencard as greencard is for future employment right ?
o How long will I have to work for my current employer after I graduate from business school so that legally there are no problems when I use my greencard and later on apply for citizenship.
3. I got an MS degree in Computer Science and have already used 9 months of my OPT time to work before I got my H1-B with my current employer. Now if I go back to get an MBA do I still get a fresh 12 months of OPT or do I only get the three months remaining from my previous masters OPT time remaining ?
4. I reverified my employment with my current employer under EAD as soon as I received my EAD card in October, 2007, however they had not made the change on my I-9 form earlier. Now, upon constantly bothering them they just made the change to the I-9 form as attached below.
Note: They said they do not need to notify the USCIS or DOL or any other
Immigration Services of this change of my status from my second H1-B to EAD
they only make the change on the I-9 form and update their internal SAP system.
If I go for MBA full-time next year I will be in F1 status and I have already used 3 and a half years of my H1-B time clock to work for my current employer. I told them I want to work on EAD now and hence, got them to change my status on my I-9 form to EAD from H1-B. What are the documents required from my current employer so that murthy can help me recapture the remaining time on my second H1-B approval which is still valid from Sep 2007 till Sep 2010 so that when I graduate from MBA I can use this recaptured time to work on my second H1-B. Please see the email response from my firm�s paralegals attached below. It seems suspicious to me. The I-9 form just shows my H1-B record scratched out and my new EAD A# entered in its place. They have not notified the USCIS or Immigration authorities of this employment status change as they say it is not required.
They are not going to give me any other documents for this so how will I show proof to the Immigration authorities when I come back after MBA to recapture the remaining 2 and a half years of H1-B time I have remaining ?
5. Can I re-file an EB2 labour with my friend�s company and transfer my current employer�s EB3 Priority Date to my friend�s EB2 labour. Please note my current employer has refused to give me a copy of my EB3 I-140 approval notice.
o Can I still port my priority date from EB3 with current employer to EB2 with my friend�s company without the current employer finding out and without the copy of the I-140 approval notice from my current employer while I am still employed with the current employer.
i.All I have is the receipt number for my I-140 approval notice with my current employer. Will this be sufficient to port the priority date ?
ii.Please see document attached in the APPENDIX section below.
6.My current EB3 labour has an SOC code 15-1032 and my job description is
Oracle Supply Chain Consultant. With murthy�s advice can my friend file my
new EB2 labour application under a generic management position code (the DOL/ETA , SOC code seems to be a 6 digit xx-xxxx code for cross
chargeability) so that while I wait in the queue for my priority date to become current I can go to MBA school for two years and when I come out can I get a job with an employer in US or overseas till my 485 date with my friend�s firm is current and 485 ready for approval. Then I can join his firm as person under generic high level management job description for the time frame required so that my GC and my future citizenship application are legitimate (Greencard being for future employment position isn�t this possible ? Does my friend have to file an H1-B also for me even if I am not working for him now, can�t he just file my EB2 labour).
7. Will filing a new EB2 labour with my friend�s firm or any rejection on either of the two 485 applications or labours cause an adverse affect on the other case ?
more...
polsanicm
05-19 03:53 PM
This is for my wife. We got an RFE on May 6th asking for additional evidences of maintaining full-time student status with TVU.
So we replied that RFE last week and waiting for the result.
Thanks,
So we replied that RFE last week and waiting for the result.
Thanks,
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Jaime
08-01 12:05 PM
Hilarious and true
more...
reddy77
01-19 09:50 AM
Hi, I included the self addressed envelope, make sure you write the TO Address and From Address ..PM me if you have any questions..
Hi reddy77,
as mentioned in the consulate website, did you also include a self addressed envelope for 18.30$ (Express mail)?? or did you send an extra check for mail delivery??
thank you.
Hi reddy77,
as mentioned in the consulate website, did you also include a self addressed envelope for 18.30$ (Express mail)?? or did you send an extra check for mail delivery??
thank you.
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solaris27
02-29 08:06 AM
Job code you can get from labor also
more...
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sadshaq12
11-05 07:27 PM
Hi1
I really need your help, do you know any good cpa who can guide me in this situation
I really need your help, do you know any good cpa who can guide me in this situation
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mrsr
06-27 10:00 PM
any thoughts
more...
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fernandocordero
05-22 11:22 AM
Hi there,
Hope anybody has faced my situation, but if someone has and had already overcome the problem, I really need some info about it. USCIS sent RFE (Medical exams) back in Feb 17th 2009. On May 17th 2009, my case's status changed to PUT ON HOLD until more evidence is received, yesterday May 21th 2009, my attorney called saying she got a letter saying my case was denied for failing to send RFE, which is not the case we did sent it to the the right place (Texas field office), on the right time.
We are filing a MTR on my case. Question is how long it may takes until USCIS decides to reopen my case, knowing that with USCIS you never know, but in average. This really sucks and unless you enter in a legal battle with them, only thing you can do is file, pay money and wait. Sometimes I think this is a BIG scam to make money.
Good luck to everybody!
Thanks in advance for your replies.
Hope anybody has faced my situation, but if someone has and had already overcome the problem, I really need some info about it. USCIS sent RFE (Medical exams) back in Feb 17th 2009. On May 17th 2009, my case's status changed to PUT ON HOLD until more evidence is received, yesterday May 21th 2009, my attorney called saying she got a letter saying my case was denied for failing to send RFE, which is not the case we did sent it to the the right place (Texas field office), on the right time.
We are filing a MTR on my case. Question is how long it may takes until USCIS decides to reopen my case, knowing that with USCIS you never know, but in average. This really sucks and unless you enter in a legal battle with them, only thing you can do is file, pay money and wait. Sometimes I think this is a BIG scam to make money.
Good luck to everybody!
Thanks in advance for your replies.
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gcpower1
02-09 04:15 PM
I-140 Approved + 485 pending for more then 180 days......
Do what ever you wants to do, if you can afford to stay without job you can do that or whatever (a normal person can do) you want to do.
At the time of 485 uscis will ask for Employment verification letter at that time you have to provide them as it describe in you labour + i140.
Enjoy life and stop worry about GC which most of the indian will never gets.
I think you are still better then illegal who gets green card before us.
Do what ever you wants to do, if you can afford to stay without job you can do that or whatever (a normal person can do) you want to do.
At the time of 485 uscis will ask for Employment verification letter at that time you have to provide them as it describe in you labour + i140.
Enjoy life and stop worry about GC which most of the indian will never gets.
I think you are still better then illegal who gets green card before us.
more...
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bugmenot
01-06 02:44 PM
i do agree that passing an immigration bill would be between tough to impossible considering the current economic scenario , but at the same time small piece-meal provisions might get through riding on various economic improving bills, what gets through and what does not remains to be seen
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gcgamble
07-20 11:17 AM
I am planning to make a GC Holder as main partner.Its not only to save a buck , but also for future security .
I see not many small /medium companies are going to last in long run . Our GC could take upto 6 years assuming no change in law and heavy outsourcing trend.
Do you know if USCIS raise a flag if company sponsering GC for 8 out of 10 employees (assuming rest are main employee's spouses).
If so what kind of measures should be taken before situation arises.
How important is company's history? if it is how much history of profits does it need to make it as safe bet?
I see not many small /medium companies are going to last in long run . Our GC could take upto 6 years assuming no change in law and heavy outsourcing trend.
Do you know if USCIS raise a flag if company sponsering GC for 8 out of 10 employees (assuming rest are main employee's spouses).
If so what kind of measures should be taken before situation arises.
How important is company's history? if it is how much history of profits does it need to make it as safe bet?
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forever
07-23 07:08 PM
I should get a NEXUS card
What is this NEXUS card? Is it applicable for Canadians only?
What is this NEXUS card? Is it applicable for Canadians only?
wandmaker
10-01 10:17 PM
Thanks for doing this again.
You are welcome - We meet again in the funding thread :)
You are welcome - We meet again in the funding thread :)
pappu
08-03 07:12 PM
Pappu,
I know a few good friends (GC or citizens) who will be willing to do anything to help me - they were once in the same boat and/or have seen their close friends suffer with pathetic priority dates, layoffs etc.
However, lets face it - we can't expect active participation from them - in terms of logging into IV and looking at action items. What we can expect is prompt action if an IV member (like you or me) approaches them with very specific action items. We have to do the groundwork - for example, if the action item is to send a letter to your local senator, we have to take our friends' zipcodes, find the senators and let them know the specifics - where to send, what to send.
I am all for this. I am sure everyone has a few friends who recently got their GC, or received it many years ago in the good old times and are now citizens, or relatives in another state.
Asha
We want them to work beyond logging into IV and reading posts. Our forums are just a tool and not the end.
The real work that IV does is advocacy effort. We want interested people to join us and get active politically. It does not need to be thousands or hundreds of such members. A few committed members who have been committed to IV all throughout their GC journey will do. If we have a group of such members, we will be communicating with them directly on specific agenda items.
I know a few good friends (GC or citizens) who will be willing to do anything to help me - they were once in the same boat and/or have seen their close friends suffer with pathetic priority dates, layoffs etc.
However, lets face it - we can't expect active participation from them - in terms of logging into IV and looking at action items. What we can expect is prompt action if an IV member (like you or me) approaches them with very specific action items. We have to do the groundwork - for example, if the action item is to send a letter to your local senator, we have to take our friends' zipcodes, find the senators and let them know the specifics - where to send, what to send.
I am all for this. I am sure everyone has a few friends who recently got their GC, or received it many years ago in the good old times and are now citizens, or relatives in another state.
Asha
We want them to work beyond logging into IV and reading posts. Our forums are just a tool and not the end.
The real work that IV does is advocacy effort. We want interested people to join us and get active politically. It does not need to be thousands or hundreds of such members. A few committed members who have been committed to IV all throughout their GC journey will do. If we have a group of such members, we will be communicating with them directly on specific agenda items.
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