new_horizon
07-14 06:27 PM
No. You must already have 485 pending, or you should be applying 765 along with your 485 concurrently. However to apply for 485, your PD must be current.
I got my labor and 140 cleared few months back under EB3, Can I apply for 765 to get my EAD ?
I have not applied for 485.
Please let me know.
thanks
I got my labor and 140 cleared few months back under EB3, Can I apply for 765 to get my EAD ?
I have not applied for 485.
Please let me know.
thanks
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www.attorneyRehan.com
01-23 12:56 PM
Normally, entering into the US follows the last entry rule. Thus, whatever status a person last enters on is their status.
There are special regulations when it comes to H-1b status and travelling on AP. I would speak with an attorney prior to travelling.
There are special regulations when it comes to H-1b status and travelling on AP. I would speak with an attorney prior to travelling.
uslegals
11-04 11:28 AM
Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
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suneel_agrawal
03-10 08:52 PM
Hi,
Following are my USA stay details on L1 and H1-B visa:-
1) Stayed in USA from 01-SEP-2003 till 25-JAN-2004 on L1 visa(expired now).
2) Stayed in India from 26-JAN-2004 till 01-NOV-2004.
3) Stayed in USA from 02-NOV-2004 till date on new H1-B visa(still valid).
I read somewhere that 6 year period for H1 also counts L1 stay. Can someone please suggest, what should be my H1's final expiry date based on above details? Will that L1 stay be counted, even though I went back to India and came on a new H1-B visa?
Thanks,
Suneel.
Following are my USA stay details on L1 and H1-B visa:-
1) Stayed in USA from 01-SEP-2003 till 25-JAN-2004 on L1 visa(expired now).
2) Stayed in India from 26-JAN-2004 till 01-NOV-2004.
3) Stayed in USA from 02-NOV-2004 till date on new H1-B visa(still valid).
I read somewhere that 6 year period for H1 also counts L1 stay. Can someone please suggest, what should be my H1's final expiry date based on above details? Will that L1 stay be counted, even though I went back to India and came on a new H1-B visa?
Thanks,
Suneel.
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02-27 03:17 AM
Here is my entry everyone:
http://www.kirupa.com/forum/attachment.php?attachmentid=33917&d=1141003343
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http://www.kirupa.com/forum/attachment.php?attachmentid=33917&d=1141003343
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seeker
09-14 12:58 PM
I am planning to visit India for a10 days in October. I have a valid h1b status till 2010 which I thinking of getting stamped at new delhi. But it seems the PIMS verification delay is making people wait for weeks and months. I have an AP which I can use to enter as an alternative. But I wanted to know if anyone had experience in stamping at the delhi consulate? Do they keep the passport if it is send for PIMS verification? In that case I'll drop the idea of getting it stamped and use my AP (though I want to avoid doing that snce I want to maintain my h1b status).
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munnu77
06-10 11:35 AM
I got my 140 approved and my 6 yr H1 gets over in Jan 2010.
Could someone tell me whn is the earliest I can apply for my 3 yr extension??
And is there a time period before you have to apply for the extension?
Thanks in Advance.
Could someone tell me whn is the earliest I can apply for my 3 yr extension??
And is there a time period before you have to apply for the extension?
Thanks in Advance.
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skosaraj
04-25 02:53 PM
I have a few questions regarding my H1B and I-140 since I am planning to change my employer.
1) If I change my employer, can my old employer retain my I-140? If he retains my I-140 and in case if the GC dates become current can I switch back to my old employer along with H1 and get my GC through old employer? Will this situation involves complications?
2) After my H1B transfer is approved with new company, when can I go for H1b stamping? Can I go immediately or wait for 1 month or so, in order to run 2 pay checks with the new company?
3) I had my initial H1B visa stamped from Bahamas. Can I still go to US neighboring countries to get my H1B visa stamped since mine is H1B transfer/extension and not change of status or do I have to go to India?
4) If I have my H1B stamped with old employer, and later transfer my H1b, Will I be able to travel to India with H1B stamping from old employer or Do I need to again have my H1B stamped?
1) If I change my employer, can my old employer retain my I-140? If he retains my I-140 and in case if the GC dates become current can I switch back to my old employer along with H1 and get my GC through old employer? Will this situation involves complications?
2) After my H1B transfer is approved with new company, when can I go for H1b stamping? Can I go immediately or wait for 1 month or so, in order to run 2 pay checks with the new company?
3) I had my initial H1B visa stamped from Bahamas. Can I still go to US neighboring countries to get my H1B visa stamped since mine is H1B transfer/extension and not change of status or do I have to go to India?
4) If I have my H1B stamped with old employer, and later transfer my H1b, Will I be able to travel to India with H1B stamping from old employer or Do I need to again have my H1B stamped?
more...
smuggymba
09-18 12:48 PM
who will take care of the elderly parents in India? Since you're US citizen, u can apply GC for ur parents also. It's tough to leave ur old parents in India and just worry about a good lifestyle for the brother. None of my business but just a thought.
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immmj
01-08 02:32 AM
H1 (140 approved;485 pending +180 days) got laid off; For H4 (not added into green card application yet), any practical suggestion so that H4 can stay in US.
more...
Macaca
03-06 08:44 PM
Some paras from Testing Time for Democrats (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/05/AR2007030501185.html)
The story of the new Congress is actually two stories. Democratic leaders and their grass-roots supporters will decide in the coming days which narrative will prevail.
In January, Democrats dominated the news, the public agenda and the Republicans. In the last weeks of February, the Republicans came back -- not by offering grand proposals but by using the limited tools they have to prove that Democrats don't have enough power, yet, to end the war in Iraq.
When they took control, Democrats looked crisp and disciplined, attributes not normally associated with their party. Speaker Nancy Pelosi's House quickly passed the Democrats' popular campaign promises, including measures on the minimum wage, stem cell research, renewable energy and reforms of the student loan and Medicare prescription drug programs.
This agenda had its skeptics, but it provided focus for a party long out of power and drew significant Republican defections, feeding a raft of "Republicans in Disarray" stories. Pelosi noted at a January news conference that so many Republicans voted for the Democratic proposals that one of her colleagues joked: "Maybe you made these bills too easy."
The Senate Democrats quickly pushed through a different version of the minimum-wage increase, and the party's leading foreign policy voices framed a critique of President Bush's Iraq policy that squared with the public's increasingly skeptical view of the war.
But recent weeks have held nothing but trouble for Democrats -- and it is odd, as one Democrat noted, that they should be on the defensive when the scandal over the treatment of wounded veterans at Walter Reed Army Medical Center has focused attention on yet another failed aspect of the administration's execution of the war and its aftermath.
Instead, one news story after another has highlighted differences among congressional Democrats over how to end the war. There is also the divide between the Washington party and activists at the grass roots and in the blogosphere. All of these problems are rooted in two unalterable facts: Democrats, on the basis of their thin majorities in Congress, lack the numbers to force an unwilling president to alter his course. And they are short of votes to cut off funds for the war altogether.
My Comments
Dems are not united on most issues.
Although this article is on Iraq, a similar situation will occur on Immigration. The big difference is that Dems are very interested in Iraq (they won elections on Iraq) whereas I haven't seen much much Democratic interest on Immigration.
The story of the new Congress is actually two stories. Democratic leaders and their grass-roots supporters will decide in the coming days which narrative will prevail.
In January, Democrats dominated the news, the public agenda and the Republicans. In the last weeks of February, the Republicans came back -- not by offering grand proposals but by using the limited tools they have to prove that Democrats don't have enough power, yet, to end the war in Iraq.
When they took control, Democrats looked crisp and disciplined, attributes not normally associated with their party. Speaker Nancy Pelosi's House quickly passed the Democrats' popular campaign promises, including measures on the minimum wage, stem cell research, renewable energy and reforms of the student loan and Medicare prescription drug programs.
This agenda had its skeptics, but it provided focus for a party long out of power and drew significant Republican defections, feeding a raft of "Republicans in Disarray" stories. Pelosi noted at a January news conference that so many Republicans voted for the Democratic proposals that one of her colleagues joked: "Maybe you made these bills too easy."
The Senate Democrats quickly pushed through a different version of the minimum-wage increase, and the party's leading foreign policy voices framed a critique of President Bush's Iraq policy that squared with the public's increasingly skeptical view of the war.
But recent weeks have held nothing but trouble for Democrats -- and it is odd, as one Democrat noted, that they should be on the defensive when the scandal over the treatment of wounded veterans at Walter Reed Army Medical Center has focused attention on yet another failed aspect of the administration's execution of the war and its aftermath.
Instead, one news story after another has highlighted differences among congressional Democrats over how to end the war. There is also the divide between the Washington party and activists at the grass roots and in the blogosphere. All of these problems are rooted in two unalterable facts: Democrats, on the basis of their thin majorities in Congress, lack the numbers to force an unwilling president to alter his course. And they are short of votes to cut off funds for the war altogether.
My Comments
Dems are not united on most issues.
Although this article is on Iraq, a similar situation will occur on Immigration. The big difference is that Dems are very interested in Iraq (they won elections on Iraq) whereas I haven't seen much much Democratic interest on Immigration.
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09-27 01:04 PM
Stewart and Colbert and Hippy Liberals, but I love their show.
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foobar2001
07-31 03:04 PM
hi,
i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.
(a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
if AoS is pending, then its valid till the AoS case is decided?
(b) If the validity is 1 year, what is the process for extending the I94 validity?
thanks for your time,
-andy
i entered the US on AP in Jan 2010, and at the time of entry, my I94 validity was set for
1 year (viz Jan 2011) - and the AP also noted "AoS" status on it.
(a) Is the validity of my I94 (and thus my legal stay) 1 year, or as i have read elsewhere,
if AoS is pending, then its valid till the AoS case is decided?
(b) If the validity is 1 year, what is the process for extending the I94 validity?
thanks for your time,
-andy
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vaayu
05-26 11:33 AM
We always e-file both AP and EAD even when we dont use them. I recenly filed mine 2 weeks ago. Its easy and fast.
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Eagle
01-14 02:26 AM
Hi
My PERM job description has requirement for Bachelor degree + 4 years experience. It is clearly specified in the PERM and ads that for every missing year towards 4 year bachelor degree, 1 year of experience would be accepted.
My PERM is approved. In the new I-140 form effective 11/23/2010, for EB3, it clearly asks to select either e) Professional or f) Skilled worker.
My understanding is Professional category can be chosen when the candidate has straight 4 year degree. In my case, I will be meeting the bachelor degree requirement with 3 year degree + 1 year experience. In this case, my belief is Skilled worker category should be chosen. Please let know if my understanding is correct.
Thanks.
My PERM job description has requirement for Bachelor degree + 4 years experience. It is clearly specified in the PERM and ads that for every missing year towards 4 year bachelor degree, 1 year of experience would be accepted.
My PERM is approved. In the new I-140 form effective 11/23/2010, for EB3, it clearly asks to select either e) Professional or f) Skilled worker.
My understanding is Professional category can be chosen when the candidate has straight 4 year degree. In my case, I will be meeting the bachelor degree requirement with 3 year degree + 1 year experience. In this case, my belief is Skilled worker category should be chosen. Please let know if my understanding is correct.
Thanks.
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newbie2020
06-23 10:45 AM
Check the status using the H1B receipt number usually EACXXXXXX or WACXXXXXX
If something has changed, The status gets changed.....kinda weird.
If something has changed, The status gets changed.....kinda weird.
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Blog Feeds
12-19 01:00 PM
Since the early days of this blog, I've chastised immigration bureaucrats who use specious reasoning to treat small businesses petitioning for employment-related immigration benefits more harshly than their large-cap counterparts. The latest assault on fairness and reason is reflected in a trend affecting several categories of employment-based visas -- the H-1B (Worker in a Specialty Occupation), the L-1 nonimmigrant (Intracompany-Transferee Manager or Executive) and the EB1-3 (Multinational Manager or Executive). An example of this trend is a recently released EB1-3 decision (decided May 1, 2009) of the USCIS Administrative Appeals Office (AAO) denying an immigrant visa petition for a multinational...
More... (http://blogs.ilw.com/angelopaparelli/2009/12/when-will-they-ever-learn-immigration-denial-thrives-perniciously-at-uscis.html)
More... (http://blogs.ilw.com/angelopaparelli/2009/12/when-will-they-ever-learn-immigration-denial-thrives-perniciously-at-uscis.html)
dealsnet
04-13 10:52 AM
1. You can start a business. But you can't work or spend time on it. Just spend money and some one can run it. Silent owner.
2. Same applicable for H4.
If you have EAD, H1 & H4 can work in your own business and work in current H1.
H1 & H4 (without EAD) forget about starting business and sit in your own company/shop/gas station etc.... & MAKE MONEY. This is the fact.
Question: Can person A on an H1B start own business while continuing to work with current H1B job? Can the business be not related to ones profession? Can a person on H4 visa start his won business too? Any answer is appreciated!
2. Same applicable for H4.
If you have EAD, H1 & H4 can work in your own business and work in current H1.
H1 & H4 (without EAD) forget about starting business and sit in your own company/shop/gas station etc.... & MAKE MONEY. This is the fact.
Question: Can person A on an H1B start own business while continuing to work with current H1B job? Can the business be not related to ones profession? Can a person on H4 visa start his won business too? Any answer is appreciated!
bodhi_tree
01-10 01:06 PM
My current H1 is valid for 8 more months and I will have 1 more year after that to finish my initial 6 years, that gives me about 1 year 8 months before I exhaust the 6 year limit.
My question is if I change jobs and an H1 transfer is requested right now....will the transferrred H1 be valid for only 8 months ? or will I get a new I797 with 20 months validity? Help if some one knowledgeable about the issue would comment
My question is if I change jobs and an H1 transfer is requested right now....will the transferrred H1 be valid for only 8 months ? or will I get a new I797 with 20 months validity? Help if some one knowledgeable about the issue would comment
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