qualified_trash
11-15 01:27 PM
you have a expired I-94 and a h1B which is valid
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
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mrane1
09-27 05:48 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...
ds37
06-12 10:33 AM
Why before October?
Because Mahatma Gandhi was born on october.:):)
His 6years end in oct 2010.
ds
Because Mahatma Gandhi was born on october.:):)
His 6years end in oct 2010.
ds
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asanghi
02-26 02:48 PM
No need for AP. If someone mails him the GC, he can get back to the U.S. with it.
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
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invincibleasian
02-21 12:26 AM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
rainbow0929
08-08 05:08 AM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
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munnu77
04-15 03:21 PM
Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
Contact an attorney, i am sure there is a way out.
if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
Contact an attorney, i am sure there is a way out.
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krishmunn
01-18 10:06 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
Talk to them if you have not started work, you might just have to pay the H1B fees
15K for filing H1 ?????
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diptam
09-23 10:16 AM
To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.
But the "Section : " is showing UNKNOWN for some of us and showing something else for others...
I'm wondering if that could be an issue - shall we call USCIS to fix this ?
what does the priority date column on the recipt notice say?
Does it show the actual priority date or is it blank or something else?
But the "Section : " is showing UNKNOWN for some of us and showing something else for others...
I'm wondering if that could be an issue - shall we call USCIS to fix this ?
what does the priority date column on the recipt notice say?
Does it show the actual priority date or is it blank or something else?
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sam_hoosier
05-07 03:58 PM
I am suspecting it will not be favorable at all
Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.
Stop scaring people :) We have absolutely no way of knowing what the new regulations would be.
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thomachan72
06-14 02:54 PM
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
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desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
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aristotle
01-31 01:51 AM
If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
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srh1
10-28 10:57 PM
Thanks for your reply it was helpful.
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..
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waitnwatch
01-03 01:29 PM
I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.
One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
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Almond
07-13 08:51 PM
I think it will change to green if someone likes you enough to vote for you:)
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Norristown
04-13 02:12 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
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psam
12-15 08:49 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
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smisachu
09-27 06:29 PM
He could have an algorithm trading for him while he is busy with his day job and that could make 10-20 trades a day:p
It dosent matter if you are on H1; because as long as you have your H1 job then it is just investments you are doing. Just out of curiosity; are you a technical/chart guy or do you use quantitative techniques?
y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....
It dosent matter if you are on H1; because as long as you have your H1 job then it is just investments you are doing. Just out of curiosity; are you a technical/chart guy or do you use quantitative techniques?
y not ask SEC or NASDAQ to file for your h1..... that should take care of things..... if u r making 10 trades in a day ..... during day time..... then u r actually not working in u'r real job..... y not have h1 for the job that u r really doing...... just trying to help by suggesting a way out.....
Rockford
07-16 02:57 PM
Guys , read the core update on the home page !!!
jr8rdt
11-13 04:21 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
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