toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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desi3933
06-18 03:38 PM
Hi,
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
sunnymit
09-08 04:18 PM
My wife is scheduled to appear for fingerprinting at 1 om a future scheduled date. However I learned from someone that she can go for the fingerprinting even earlier in the day and she will be fine. Is this true? Has anyone experienced this?
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kirupa
05-27 03:14 PM
Added the second one up!
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meridiani.planum
06-03 12:40 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
gctoolong
12-06 08:20 AM
How do you know that name check and background were completed in October? Did you call USCIS?
i called tsc...talked to an iio...talked to two different ones to confirm and we have an infopass for tomorrow...hopefully they say the same..
i called tsc...talked to an iio...talked to two different ones to confirm and we have an infopass for tomorrow...hopefully they say the same..
more...
dave25
01-24 02:32 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
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spicy_guy
10-29 05:37 PM
What is I148?:confused:
LOL! Does he mean I-485?
LOL! Does he mean I-485?
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singhsa3
08-08 01:03 PM
What good is the processing if it does not result in Green Card Production..
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
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a.j.2048
10-23 11:13 AM
This area is fast moving. Indian courts have been refusing jurisdiction in these cases, unless one of the parties is an Indian resident or if they spent significant time in India after marriage. Best to consult an Indian lawyer to find out the current standards applied in India.
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ranand00
05-10 09:36 PM
My status says the same except date is dec 12th 2007.
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
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10-20 03:01 PM
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raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
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royu
07-23 04:44 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
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wandmaker
11-01 10:20 AM
PD isn't current, but just check i-485 online status, showing "Document production or Oath Ceremony" (i.e., the last cycle).
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
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NolaIndian32
04-23 12:17 PM
Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
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aadimanav
11-03 04:07 PM
http://www.usvisainfo.com/pages/8207.html
Any comments?
Any comments?
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pappu
03-10 04:14 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS
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BostonGCVictim
04-07 03:09 PM
This for supporting illegal immigrant causes. Supporting this is entirely upto you based on your beliefs but our issues as legal immigrants is not going to be addressed by them
rovingeye
07-26 09:08 PM
My case is not premium processing and the online status changed to "approval notice sent " for 4 days before the status changed to " document sent ". Its an I 140 and I heard that the mistake was restricted to PP cases . So I do not think that is the issue . Some one said it could be the last status on an approved I 140
Thanks anyway for the info
Thanks anyway for the info
useriim
07-04 09:40 AM
Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
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