WaitingForMyGC
01-11 11:32 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
roseball
04-12 01:18 AM
Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
-- labor certification is pending for 365 days ---(This is not applicable to you)
-- I-140 is approved -- (You have a chance with this option)
Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.
Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.
Good Luck..
gchopes
08-16 10:37 AM
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
- gchopes
aperregatturv
10-26 03:40 PM
My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.
what shall I do?:confused:
what shall I do?:confused:
more...
sukhwinderd
09-14 04:04 PM
please read
devikas81
06-19 04:26 PM
1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
more...
immilaw
09-14 12:44 PM
Normally the consulate in Canada or Mexico will only entertain an application if the person graduated from a school in the US. The reason being that they can verify the genuineness of the education which is not possible in a situation where the person went to a school in a different country. But if you are already in the US in H-1B status and have a H-1B visa in the passport then you have a better chance of getting a visa.
txh1b
08-17 09:47 AM
When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
That is totally wrong on whoever said that to you. One can have B1 and work visas on their passport without any problems and use it based on the nature of the trip. Only conflicting visas will likely be cancelled. Eg would be L1 and H1 at the same time for different employers. The VO could cancel the one that isn't being used.
Either the VO that took your case wasn't well versed with the law or made a mistake.
more...
Krish09
06-27 03:41 PM
Hi Everyone, I need suggestion regarding my present situation. I got H1B approved for the year 2009. But my H1B was approved as to be get stamped in INDIA. I am is currently in USA since August 2008 on B1 Visa (10 years multiple) and the B1 I 94 getting expired on August 3rd 2009.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
sunnymit
02-17 04:30 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
more...
amsgc
08-20 11:59 PM
Which state/year were you in when you filed for EAD?
Think hard - it must have been a few months before your graduation.
If you can get the center and month/yr right, with the copy of the EAD, you should be good to go.
I would appreciate it if someone can give me some advise...I need to file my EAD renewal & refuse to pay insane amounts of money to my attorney...
Thanks!!!!
Think hard - it must have been a few months before your graduation.
If you can get the center and month/yr right, with the copy of the EAD, you should be good to go.
I would appreciate it if someone can give me some advise...I need to file my EAD renewal & refuse to pay insane amounts of money to my attorney...
Thanks!!!!
geesee_99
12-14 12:00 PM
Any more Ideas/Advise guys?
more...
dixie
07-18 05:10 PM
It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.
My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.
I accept that there are lots of loop holes in my calculations as it didn't move a single day.
Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?
I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.
Many people say uselessness of predictions but I think we can predict to certain extent.
There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.
Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.
But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.
My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.
I accept that there are lots of loop holes in my calculations as it didn't move a single day.
Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?
I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.
Many people say uselessness of predictions but I think we can predict to certain extent.
There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.
Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.
But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.
go_guy123
01-21 02:48 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
Senator Kennedy.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Actualy per country quota was made in 60s replacing and even more rigid system that alloted quotas based on existing us population origin (mainly from western europe) by
Senator Kennedy.
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
more...
gg_ny
09-18 03:16 PM
http://felcom.nih.gov/
The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign researchers...as it falls right in the area.
FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign researchers...as it falls right in the area.
FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
a_yaja
12-29 11:49 AM
so you can setup your own LLC. start hiring people?
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
more...
niceguy
12-18 05:25 PM
NSC wants to revoke my approved I140 when they were reviewing my 485 case. I140 is approved in TSC and 485 was in NSC. The reason was education. NSC and TSC are way different each other on how they look into education. I have Dip Comp Engg(polytechnic)+AMIETE+MS (BITS, Pilani). Though TSC approved my I140, NSC is questioning on the evaluation of AMIETE to US BS and MS,BITS to US MS. We replied and awaiting to hear from USCIS. I filed this labor in 2001 and it is my own labor. All 6+ years wait is in question now. My case is in EB2.
So, nothing is guaranteed and granted in the world :) event after you get it.
Best of luck.
So, nothing is guaranteed and granted in the world :) event after you get it.
Best of luck.
immi_enthu
08-07 10:30 AM
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
By Mistake ha ?
The following is in today
Posted by wikiuser (394) 9 hours 26 minutes ago
Folks - August Visa Bulletin is out.
EB1 - Current
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html (reply) (report this)
Posted by wikiuser (394) 9 hours 23 minutes ago
Haha - Was just trying to be funny :)
do you need to use these kind of words for posting a thread which I did by mistake?
By Mistake ha ?
The following is in today
Posted by wikiuser (394) 9 hours 26 minutes ago
Folks - August Visa Bulletin is out.
EB1 - Current
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html (reply) (report this)
Posted by wikiuser (394) 9 hours 23 minutes ago
Haha - Was just trying to be funny :)
hpandey
04-30 01:36 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
qualified_trash
11-02 01:32 PM
rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.
muthukmk
08-03 04:25 PM
Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.
Experts please clarify
Experts please clarify
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