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AnalyzeThis
05-26 12:01 AM
Dear Experts/Lawyers,
I wanted to ask a question about my status based on the situation described below:
1. I entered the United States on F1 Visa in 2003.
2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
4. Never left the United States since I entered in 2003 on F1 Visa.
5. My passport expires in the middle of 2010.
Based on this, in order to ensure my legal stay in the United States, do I need to do anything, except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.
I wanted to ask a question about my status based on the situation described below:
1. I entered the United States on F1 Visa in 2003.
2. Applied for and got H1B approved, with the bottom right part attached. The visa was valid till November 2008.
3. Applied for and got H1B extension approved, with the bottom right part attached. The visa is valid till November 2011.
4. Never left the United States since I entered in 2003 on F1 Visa.
5. My passport expires in the middle of 2010.
Based on this, in order to ensure my legal stay in the United States, do I need to do anything, except renew my passport at some point of time before it expires, in terms of either having to leave the US, or go to some agency to update something? Please suggest. Thank you for your help.
sparky123
07-18 09:45 AM
I guess as long as your PD is before july 31, you can apply,
PD is the date labor was applied and not approved. Hence Any approvals from Aug 1 to aug 16 should be fine too...
PD is the date labor was applied and not approved. Hence Any approvals from Aug 1 to aug 16 should be fine too...
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jsb
10-29 01:27 PM
July 2 filers with late receipts (in October), any progress on AP or EAD? I got EADs but nothing else.
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Blog Feeds
06-26 01:40 AM
Aliens who married or had children before the date of obtaining permanent residency can possibly confer �following-to-join� benefits to their family members. Due to this process, spouses and children will be able to receive green cards quickly. �Following-to join� is not family based immigration, but is similar to a child/spouse receiving derivative benefits based on a primary LPR�s immigration petition.
Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.
2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.
�Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.
More... (http://www.visalawyerblog.com/2010/06/criteria_to_be_entitled_for_th.html)
Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.
2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.
�Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.
More... (http://www.visalawyerblog.com/2010/06/criteria_to_be_entitled_for_th.html)
wandmaker
04-26 04:23 PM
Not a lawyer- but my guess is that the date of validity on your H1b (First H1) is the day you can start counting your 6 years. This is regardless of when you started working for your employer.
Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.
Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.
The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.
Example: Employer sponsored H1 for Mr.X on April 2nd 2005. H1 approved with validiity starting 1st oct 2005. Mr. X flew to the USA in december 2005. Started working 15th jan 2006. The 6 years are counted from 1st Oct 05.
Now one can recapture all the months that the employee was on vacation. But I am not sure if this is still an option.
The six year count starts from the day you entered the US first. If you take the above example, six year count starts from December 2005. Additionally, if there is gap from the time you entered and started working that period is considered out of status, that's all together different issue.
more...
ricky26
02-07 12:55 AM
Thanks for the reply.
What if, only H4 holder (AOS pending) returns to USA using valid (till Dec' 09) H4 stamping ? Do they (at POE) come to know that spouse's 485 has been approved ?
H1 holder (485 approved) will return afer couple of days.
Urgent please help by giving your suggestions/opinions/experiences.
Thank you.
What if, only H4 holder (AOS pending) returns to USA using valid (till Dec' 09) H4 stamping ? Do they (at POE) come to know that spouse's 485 has been approved ?
H1 holder (485 approved) will return afer couple of days.
Urgent please help by giving your suggestions/opinions/experiences.
Thank you.
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zuhail
07-23 09:00 AM
You can take time off -- like 4 weeks without any issue (I have done this), as long as the new company has filed to transfer your H1B petition.
I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
Sri.
I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
Sri.
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bhartigorkar
08-19 12:32 PM
Hi kirupa,thanks for your quick reply.I am not referring to window phone application.
I am building a simple website by using frame in Blend 4.What i am trying to achieve here.....
applying Blend 4’s built-in TransitionEffects to FRAME by using VisualState to get smooth transitions like ripple,slide in while navigating pages like you did in http://www.kirupa.com/blend_silverlight/transition_effects.htm.
I just want to know how to apply this effects directly to FRAME? :)
I am building a simple website by using frame in Blend 4.What i am trying to achieve here.....
applying Blend 4’s built-in TransitionEffects to FRAME by using VisualState to get smooth transitions like ripple,slide in while navigating pages like you did in http://www.kirupa.com/blend_silverlight/transition_effects.htm.
I just want to know how to apply this effects directly to FRAME? :)
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sai
03-27 09:08 PM
what would be the likely effect of this ?
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mirchiseth
03-15 11:39 AM
As you can see for my profile my labor cert was filed in Dec 2002 and I am Eb3 India. So all these years I have been assuming my priority date for I485 processing as Dec 2002. But now it seems there is a problem.
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
There have been two I-140 filings for me - first the original one which has the correct priority date of Dec 2002. Later on the company was acquired and the new company filed a successor of interest I-140 in Aug 2007. This I-140 was approved in March 2008. I have copy of this 2nd I-140 and didn't pay attention to the priority date printed on this I-140. To my dismay the priority date mentioned on the Aug 2007 approved I-140 is Aug 2007.
I wanted to find out what was the priority date in USCIS records and I called the 1-800 number. They asked me to meet the local USCIS office so took the Infopass this morning. The local San Jose USCIS office says that they would take the Aug 2007 as the priority date :( and have told me to contact my attorney.
As you can imagine I am quite devastated. Has anybody been in the same situation where the priority date on I-140 was different from Labor filing date? How did you get it corrected.
Thanks
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vicky123
04-15 02:41 PM
I am a resident physician on h1b visa which is expiring on 6-30-2010 . I am in process of applying for H1B extension for my fellowship. My wife is on H4 visa (expiring in 3-20-2013 since she got 5 yr multiple visa). Recently she visited Kuwait and on her re-entry she was given entry (on her I94) up to 3-15-2013 (up to 5 days prior to her visa expiration). Will she also need extension in this case along with my extension or can she stay in US till 2013 with out extension Thanks.
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vaishnavilakshmi
06-20 11:45 AM
Hi,
No replies?
No replies?
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InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
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gk_2000
06-23 06:35 PM
No effect of all this.. they may as well blast from their rear ends
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breddy2000
10-01 10:32 PM
I am on a L1 visa which has expired April 2006. I have got my petition extended till 2008. Can I transfer my L1 from Employer A to another Employer B. Can employer B transfer my current L1 petition to his company?
Please reply ASAP.
YOU CAN CHANGE FROM L1 TO H1 only and also whn quota is open. I did it myself last year. Send me a PM if you need further details.
Please reply ASAP.
YOU CAN CHANGE FROM L1 TO H1 only and also whn quota is open. I did it myself last year. Send me a PM if you need further details.
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PD_Dec2002
07-22 04:22 PM
First of all, let me begin by congratulating the IV core team and other members on staging a dignified protest to the entire July VB fiasco!
I have a question regarding the medical exam for the AOS. The civil surgeon I went to did not do a TB skin test and instead took an x-ray to verify no signs of TB. Has anyone else had the same experience, i.e. no skin test, x-ray only?
The other strange thing he told me was that some of his patients send the x-ray as part of the 485 application. Has any1 else heard of anything like this?
Last I checked, the USCIS did not employ medical personnel, but then what do I know?
Any input from fellow IV members is greatly appreciated.
Thanks and good luck to all.
This answers your question: http://www.murthy.com/news/n_tbtest.html
Thanks,
Jayant
I have a question regarding the medical exam for the AOS. The civil surgeon I went to did not do a TB skin test and instead took an x-ray to verify no signs of TB. Has anyone else had the same experience, i.e. no skin test, x-ray only?
The other strange thing he told me was that some of his patients send the x-ray as part of the 485 application. Has any1 else heard of anything like this?
Last I checked, the USCIS did not employ medical personnel, but then what do I know?
Any input from fellow IV members is greatly appreciated.
Thanks and good luck to all.
This answers your question: http://www.murthy.com/news/n_tbtest.html
Thanks,
Jayant
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gc28262
07-31 09:18 AM
EbImmigrationReference: The effect of an employer withdrawal of an I-140: Ron Gotcher (http://ebimmigrationreference.blogspot.com/2010/07/effect-of-employer-withdrawal-of-i-140.html)
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gc28262
08-08 12:55 PM
Though I am not an attorney, I would recommend removing the word "revoke" from the letter. Some less knowledgeable IO can read "revoke" along with "I-485" and do something disastrous.
Neocrack
05-08 07:40 AM
I used AP twice. Both times I gave only one of the AP sheets, which they stamped and returned back.
tpr
02-17 05:21 PM
Hi,
I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.
I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.
I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.
How long can I legally stay in the US on OPT without a job?
Can anyone please throw light?
Thanks,
TPR
I graduated on May 2008 with an MBA degree. My OPT started in Jul 2008 and is valid till Jul 2009. I am not eligible for 29month extension.
I was on an internship till Jan 30th 2009 and am looking for fulltime positions now.
I understand that I will have to file for H1 on April1st and I can stay in the US and work legally if my H1B is still in process under the cap-gap rule passed last year.
How long can I legally stay in the US on OPT without a job?
Can anyone please throw light?
Thanks,
TPR
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