gbadrain
08-11 01:23 AM
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
jotv
10-08 06:48 PM
hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
txh1b
08-20 09:41 AM
Paper filing as per the instructions, my friend got the EAD in less than 30 days from the date it was sent to TSC. He was kind of unhappy as he applied 120 days prior to expiry and had 90 days go waste (in terms of filing fees)
Jaime
09-20 01:30 PM
In our next rally (hopefully soon) we should all carry placards, but they should read only ONE strong message, along the lines of:
"WE ARE ALREADY LEGAL AND HIGHLY-SKILLED IMMIGRANTS, STOP LUMPING US WITH ILLEGALS AND END THE 10-YEAR GREEN CARD WAITS"
but shorter and more catching
WE MUST EDUCATE PEOPLE AND CONGRESS!!!! ENOUGH WITH THEIR APATHY IN GETTING TO KNOW WHO WE REALLY ARE!
"WE ARE ALREADY LEGAL AND HIGHLY-SKILLED IMMIGRANTS, STOP LUMPING US WITH ILLEGALS AND END THE 10-YEAR GREEN CARD WAITS"
but shorter and more catching
WE MUST EDUCATE PEOPLE AND CONGRESS!!!! ENOUGH WITH THEIR APATHY IN GETTING TO KNOW WHO WE REALLY ARE!
more...
rorypirrie
03-19 02:15 AM
Hi everyone, If you have a H1B visa in your passport valid until Sep. 30 of 2009, but had quit from your old job in Nov. 2008 and are currently out of USA. Is it still possible to transfer your H1B to another employer and return back to USA on the old visa?
arunkotte
02-14 04:14 PM
MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.
more...
bsbawa10
08-21 09:44 AM
I broke my politeness today.
My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.
I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.
I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.
Lady: How could you have ever called CSC because their phone numbers are not public
Me: I called the same number and for some reason it got transferred to CSC.
Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
Lady: Can you please hold for a moment.
After hold:
Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
Lady: Sir, we cannot tell you the reason why do we transfers
Me: But you have already told me the reason in the written notice as "To speed up processing"
Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
Me: I hang up the phone.
My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.
I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.
I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.
Lady: How could you have ever called CSC because their phone numbers are not public
Me: I called the same number and for some reason it got transferred to CSC.
Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
Lady: Can you please hold for a moment.
After hold:
Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
Lady: Sir, we cannot tell you the reason why do we transfers
Me: But you have already told me the reason in the written notice as "To speed up processing"
Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
Me: I hang up the phone.
gcdreamer05
10-22 06:59 PM
I think this is what is happening in your cases,
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
If you efile for your AP and If your last fingerprinting was done 18 months before Then you will get Fingerprinting notice and you got to go n give new finger prints.
If you paper file, Whether or not your FP expired (18 months) you will never get finger printing notice. (unless your PD is current and they are adjudicating your case and sending a RFE).
Always better to paper file.
more...
crystal
07-10 09:47 PM
as we know the answer now
can somebody close this thread before people start writing one after other their last name and center.
can somebody close this thread before people start writing one after other their last name and center.
GCAmigo
12-13 11:59 AM
I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.
What on earth makes you legal to work with an expired Visa?
What on earth makes you legal to work with an expired Visa?
more...
copsmart
10-09 10:26 AM
I haven't tried visitor/business visa, but I got a transit visa for Germany once with an expired H1B stamping in passport. I got that visa from German Counsulate in Boston, MA.
Hope this helps!
Hope this helps!
meridiani.planum
06-29 03:27 PM
inline...
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
more...
PDOCT05
10-29 03:55 PM
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
Thanks for your info..and I wish you good luck. By any chance are you aware whether i need to send new fees or old fees? As a precaution I am going to sending the diff amount in a separate check.
pani_6
07-06 11:44 PM
If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done
Thanks for your answers guys...I am really tired of waiting...
more...
radhay
04-28 02:49 PM
There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
a_yaja
10-07 01:47 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
more...
ajju
02-20 04:09 PM
Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
HTH,
Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...
SlowRoasted
04-24 10:29 PM
i think i like the goose one most
KKtexas
07-28 11:32 AM
Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?
loveNpeace
08-02 10:29 PM
Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.
Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....
Thank you
Tina
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.
Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....
Thank you
Tina
Canadian_Dream
11-02 01:03 PM
Berry, Appleman & Leiden LLP is probably the best immigration law firm in West Coast.
http://www.usabal.com/
In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:
http://www.immigrationlinks.com/news/news269.htm
http://www.usabal.com/
In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:
http://www.immigrationlinks.com/news/news269.htm